Journal of the Senate

SECOND REGULAR SESSION


TWENTIETH DAY--TUESDAY, FEBRUARY 6, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we pray today for courage, the kind of courage that enables us to stand up for what we believe, to speak up when it's expedient to be quiet, to resist the temptation to be ordinary, and the courage to do what we know is right. 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
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Moseley offered Senate Resolution No. 799, regarding the University of Missouri, Columbia, which was adopted.

     Senator Moseley and Senator Westfall offered Senate Resolution No. 800, regarding the death of Don Faurot, which was adopted.

     INTRODUCTION OF BILLS

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

     SB 890--By Clay.

     An Act to repeal section 379.201, RSMo 1994, relating to motor vehicle liability insurance policies, and to enact in lieu thereof one new section relating to the same subject.

     SB 891--By Rohrbach, Melton, Schneider, Flotron, Goode and Ehlmann.

     An Act to repeal section 67.475, RSMo 1994, and sections 67.455 and 67.457, RSMo Supp. 1995, relating to neighborhood improvement districts, and to enact in lieu thereof five new sections relating to the same subject.

     SB 892--By Flotron, Moseley, Goode, Wiggins, Banks, Scott, Sims, House, Klarich, Bentley, Mueller and Singleton.

     An Act to repeal sections 226.500, 226.535 and 226.540, RSMo 1994, relating to the regulation of outdoor advertising, and to enact in lieu thereof three new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Banks submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 491, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 492, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RE-REFERRALS

     President Pro Tem Mathewson re-referred SB 819 to the Committee on Civil and Criminal Jurisprudence.

RESOLUTIONS

     Senator Ehlmann offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 801

     WHEREAS, the State of Missouri has been experiencing flooding of various degrees in the last three years in the Upper Mississippi River and the Lower Missouri River; and

     WHEREAS, the damage which occurred as a result of said flooding would have been greater but for the flood fighting activities including temporary levees, pumping, sandbagging and other emergency protective measures; and

     WHEREAS, David A. Shorr, Director of Missouri Natural Resources and Jerry B. Uhlmann, Director of Missouri Emergency Management Agency have signed a Memorandum of Agreement on "Preservation of Levee Floodways on the Upper Mississippi and Lower Missouri Rivers"; and

     WHEREAS, the signatories to that agreement agree, among other things, that "flood fighting should be regulated, supervised and in some cases not permitted"; and

     WHEREAS, the signatories agreed to encourage federal agencies and local units of government to adopt the principles of the agreement and exercise their authority consistent with that agreement; and

     WHEREAS, the Federal Emergency Management Agency has sent a letter to the State of Missouri, dated December 12, 1995, copy of which is attached, directing the state to "amend or otherwise modify existing administrative or operating plans to reflect the principles of disagreement"; and

     WHEREAS, it is the position of the Missouri Senate that the agreement is not binding on the State of Missouri when preparing for, responding to, or recovering from a flood; and

     WHEREAS, Missouri's policy is and always will be to provide assistance to local governments and protecting the public and infrastructure during a flood by appropriate activities including temporary levees, pumping, sandbagging and other emergency protective measures;

     THEREFORE, BE IT RESOLVED, that the Secretary of the Senate inform Warren M. Pugh, Jr., Division Director, Response and Recovery Division of the Federal Emergency Management Agency, Region 7, 2323 Grand Boulevard, Suite 900, Kansas City, Missouri, 64108-2670, that the Missouri Senate repudiates any effort by the State of Missouri to limit its ability to respond to provide assistance to local governments in protecting the public and infrastructure during a flood. And furthermore, that it should remain the policy of the State of Missouri to provide flood fighting assistance including temporary levees, pumping, sandbagging and other emergency protective measures, and further, that the Federal Emergency Management Agency make no changes to their existing response and recovery programs on the basis of the memorandum of agreement.

     Senator Scott offered Senate Resolution No. 802, regarding Lieutenant William F. Kaslick, St. Louis, which was adopted.

SECOND READING OF SENATE BILLS

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

     SB 855--Labor and Industrial Relations.

     SB 856--Labor and Industrial Relations.

     SB 858--Public Health and Welfare.

     SB 859--Commerce and Environment.

     SB 860--Elections, Pensions and Veterans' Affairs.

     SB 861--Public Health and Welfare.

     SB 862--Ways and Means.

     SB 863--Civil and Criminal Jurisprudence.

     SB 864--Elections, Pensions and Veterans' Affairs.

     SB 865--Ways and Means.

     SB 866--Financial and Governmental Operations.

     SB 867--Agriculture and Local Government.

     SB 868--Labor and Industrial Relations.

     SB 869--Judiciary.

     SB 870--Transportation.

     SB 871--Insurance and Housing.

     SB 872--Labor and Industrial Relations.

INTRODUCTION OF BILLS

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

     SB 893--By Goode.

     An Act to repeal sections 414.400, 414.403, 414.410, 414.412, and 414.415, RSMo 1994, relating to fuel conservation, and to enact in lieu thereof five new sections relating to the same subject.

     SB 894--By House.

     An Act to repeal sections 494.425 and 494.430, RSMo 1994, relating to jury service, and to enact in lieu thereof two new sections relating to the same subject.

     SB 895--By Kinder and Russell.

     An Act to repeal section 451.020, RSMo 1994, relating to domestic relations, and to enact in lieu thereof one new section relating to the same subject.

HOUSE BILLS ON SECOND READING

     The following Bill was read the 2nd time and referred to the Committee indicated:

     HB 1014----Appropriations.

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, Dr. Jeffrey L. Craver, St. Louis.

     Senator Rohrbach introduced to the Senate, thirty-seven fifth grade students from St. Joseph's School, Jefferson City; and Christopher Braddock, Michael Kuster, Carly Prenger, John Sheehan, Jeffrey Tolksdorf, Hiliary Turnbaugh, Joseph Vessell and Mark Weiss were made honorary pages.

     Senator Caskey introduced to the Senate, Dr. Bill Haynie, Butler.

     On behalf of Senator Mathewson, the President introduced to the Senate, Dr. A.J. Campbell, Sedalia; and Dr. Jerry Meyers and his wife, Jan, Concordia.

     Senator Kenney introduced to the Senate, Dr. Don Potts, Dr. Fred Hahn, Dr. Howard Braby, Dr. Ken Adams and Dr. Jing Liang, Independence; and Dr. Richard Butin, Kansas City.

     Senator Caskey introduced to the Senate, Mr. and Mrs. Jim Keck, Clinton.

     Senator Mueller introduced to the Senate, Al Collins, Kevin Madras and five scouts from Troop 361, St. Louis; and Toby Collins, Matt King, Ryan Lilly, Kevin Madras and Rory O'Donnell were made honorary pages.

     Senator Moseley introduced to the Senate, Dr. Ed Ailor, Dr. Mila Cunningham, Dr. Jennifer Clark, Dr. Dennis Knudson, Dr. Gilbert Ross and Ms. Jan Frank, Columbia.

     Senator Moseley introduced to the Senate, Linda Afdahl, and seventy fifth grade students from Grant Elementary School, Columbia; and Maria Kaylen, Rajeev Gundur, Jim Ludwig and Mario Moura Filho were made honorary pages.

     Senator House introduced to the Senate, the Physician of the Day, Jan Onik, D.O. and his son, Thomas, Louisiana.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Wednesday, February 7, 1996.