Journal of the Senate

ECOND REGULAR SESSION

ELEVENTH DAY--MONDAY, JANUARY 22, 1996

     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     Senator Melton offered the following prayer:

     Oh Lord, our God, You have admonished us to ask, and it will be given, to seek and we will find, to knock and the door will be opened. Keep us ever mindful of the power of prayer. We pray You will keep our minds centered on the task we have been assigned, and direct our actions as we perform the work we have been sent here to do. Continue to use Your divine presence, protection and blessing. These favors we ask in Your name. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal for Thursday, January 18, 1996, was read and approved.

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

Present--Senators
BanksCaskeyCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SimsSingletonTrepplerWestfall
Wiggins--29
Absent with leave--Senators
BentleyClaySchneiderScott
Staples--5
The Lieutenant Governor was present.
     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

RESOLUTIONS

     Senator Rohrbach offered Senate Resolution No. 751, regarding Trinity Lutheran Church, Cole Camp, which was adopted.

     Senator Quick offered Senate Resolution No. 752, regarding Anita B. Gorman, Kansas City, which was adopted.

     Senator Russell and Senator Westfall offered Senate Resolution No. 753, regarding the death of Frank Salle, Jr., Camdenton, which was adopted.

     Senator Kenney offered Senate Resolution No. 754, regarding the Blue Springs South Jaguar Pride Marching Band, which was adopted.

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

     SB 817--By Wiggins.

     An Act to repeal sections 144.020, 144.021 and 144.440, RSMo 1994, relating to the state sales and use tax rates, and to enact three new sections relating to the same subject, with an emergency clause.

     SB 818--By Wiggins.

     An Act to repeal section 70.500, RSMo Supp. 1995, relating to the Kansas and Missouri Metropolitan Culture District Compact, and to enact one new section relating to the same subject, with an emergency clause.

     SB 819--By Melton.

     An Act to repeal section 306.110, RSMo 1994, relating to watercraft, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

     SB 820--By Mathewson.

     An Act to amend chapter 64, RSMo, by adding one new section relating to nuisances.

     SB 821--By Scott.

     An Act to repeal section 523.040, RSMo 1994, relating to condemnation proceedings, and to enact one new section relating to the same subject.

     SB 822--By Scott.

     An Act to repeal sections 169.070 and 169.670, RSMo Supp. 1995, relating to certain teacher and nonteacher retirement benefits, and to enact in lieu thereof two new sections relating to the same subject.

     SB 823--By Mueller and Flotron.

     An Act to repeal section 144.030, RSMo Supp. 1995, relating to sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

     SB 824--By House.

     An Act to repeal section 375.775, RSMo 1994, relating to the Missouri property and casualty insurance guaranty association, and to enact in lieu thereof one new section relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 671 be taken up for perfection, which motion prevailed.

     On motion of Senator Mathewson, SB 671 was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

     Senator Johnson, Chairman of the Committee on Agriculture and Local Government, submitted the following report:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 521, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 521, Page 1, Section 274.220, Line 3, by striking the word "entity" and inserting in lieu thereof the following: "business entity; provided, however, that the association must have at least a fifty-one percent ownership interest in such other business entity"; and

     Further amend said bill, page 2, section 274.230, line 4, by inserting immediately before the word "entity" the word "business".

SECOND READING OF SENATE BILLS

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

     SB 740--Interstate Cooperation.

     SB 742--Insurance and Housing.

     SB 743--Insurance and Housing.

     SB 744--Insurance and Housing.

     SB 745--Insurance and Housing.

     SB 746--Labor and Industrial Relations.

     SB 747--Agriculture and Local Government.

     SB 748--Public Health and Welfare.

     SB 749--Insurance and Housing.

     SB 750--Insurance and Housing.

     SB 751--Aging, Families and Mental Health.

     SB 752--Ways and Means.

     SB 753--Civil and Criminal Jurisprudence.

     SB 754--Insurance and Housing.

     SB 755--Commerce and Environment.

     SB 756--Civil and Criminal Jurisprudence.

     SB 757--Appropriations.

     SB 758--Insurance and Housing.

     SB 759--Insurance and Housing.

     SB 760--Agriculture and Local Government.

     SB 761--Agriculture and Local Government.

     SB 762--Commerce and Environment.

     SB 763--Public Health and Welfare.

     SB 764--Public Health and Welfare.

     SB 765--Financial and Governmental Operations.

     SB 766--Agriculture and Local Government.

     SB 767--Public Health and Welfare.

     SB 768--Aging, Families and Mental Health.

     SB 769--Civil and Criminal Jurisprudence.

     SB 770--Ways and Means.

INTRODUCTION OF BILLS

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

     SB 825--By Treppler.

     An Act to repeal section 171.031, RSMo 1994, relating to school operations, and to enact in lieu thereof one new section relating to the same subject.

     SB 826--By Treppler.

     An Act to repeal section 319.200, as enacted by senate committee substitute for house committee substitute for house bills nos. 1434 and 1490 of the second regular session of the eighty- sixth general assembly and signed by the governor on July 9, 1992, and section 319.200, as enacted by senate substitute for house substitute for house bill no. 1574 of the second regular session of the eighty-sixth general assembly and signed by the governor on July 6, 1992, as both sections appear in RSMo 1994, relating to seismic construction and renovation ordinances, and to enact in lieu thereof one new section relating to the same subject.

     SB 827--By Klarich.

     An Act to amend chapter 197, RSMo, by adding one new section relating to the regulation of abortion clinics.

     SB 828--By Kinder.

     An Act to repeal section 319.131, RSMo Supp. 1995, relating to the underground storage tank insurance fund, and to enact one new section relating to the same subject.

     SB 829--By Kinder, Flotron, Kenney, Rohrbach, Russell, Westfall and Graves.

     An Act to repeal sections 287.020, 287.030, 287.040, 287.061, 287.067, 287.120, 287.128, 287.129, 287.135, 287.140, 287.150, 287.160, 287.170, 287.190, 287.200, 287.203, 287.210, 287.215, 287.220, 287.240, 287.250, 287.260, 287.266, 287.380, 287.390, 287.420, 287.430, 287.460, 287.480, 287.550, 287.655, and 287.800, RSMo 1994, and section 287.650, RSMo Supp. 1995, relating to workers' compensation and to enact in lieu thereof thirty-seven new sections relating to the same subject, with an expiration date for certain sections.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Paul Lineberry, 3624 Southland Drive, Columbia, Boone County, Missouri 65201, as the Public Member of the State Board of Nursing, for a term ending February 1, 1999, and until his successor is duly appointed and qualified; vice, Richard English, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Dorothy (Dottie) Ann Phelps, Democrat, 605 Felix Boulevard, Malden, New Madrid County, Missouri 63863, as the Public Member of the Real Estate Appraisers Commission, for a term ending September 12, 1996, and until her successor is duly appointed and qualified; vice, Charles Cowherd, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Linda Blake, Republican, 17 S. Jackson, Farmington, St. Francois County, Missouri 63640, as a member of the Real Estate Appraisers Commission, for a term ending September 12, 1997, and until her successor is duly appointed and qualified; vice, G. Eric Roberts, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 19, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Kenneth Leslie Bradshaw, DPM, Republican, 350 N.W. 61, Clinton, Henry County, Missouri 64735, as a member of the State Board of Podiatric Medicine, for a term ending July 1, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 19, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Charles Richard Gulick, M.D., Republican, 22 Upper LaDue Road, St. Louis, St. Louis County, Missouri 63124, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 1999, and until his successor is duly appointed and qualified; vice, August W. Geise, M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 19, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Mary Marjorie Hughes, Route 2 Box 126, Higginsville, Lafayette County, Missouri 64037, as the public member for the State Board of Podiatric Medicine, for a term ending August 16, 1998, and until her successor is duly appointed and qualified; vice, Richard Gilbert, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 19, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Carl M. Myers, M.D., F.A.A.F.P., Democrat, 8236 NW Waukomis Drive, Kansas City, Platte County, Missouri 64151, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 1999, and until his successor is duly appointed and qualified; vice, Marcus McCorcle, M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 19, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Barry Dean Spoon, D.O., FACEP, Republican, 2304 North Farm Road 97, Springfield, Greene County, Missouri 65802, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 1999, and until his successor is duly appointed and qualified; vice, David Bean, D.O., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     President Pro Tem Mathewson referred the above appointments to the Committee on Gubernatorial Appointments.

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, his mother-in-law, Virginia Head, Novelty.

     Senator Flotron introduced to the Senate, the Physician of the Day, Dr. Randall Treadway, M.D., Chesterfield.

     Senator Treppler introduced to the Senate, Mrs. Debbie Nalley, and six Webelos from Wohlwend School, St. Louis; and Brad Akins, Adam Franke, Dave Graf, Stephen Lampe, Marc Nalley and Mike Sapolis were made honorary pages.

     Senator Westfall introduced to the Senate, Mary Walker, Lee's Summit; Chuck Niemmo, Camdenton; and Pete Moca, Bolivar.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Tuesday, January 23, 1996.