Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FIFTH DAY--MONDAY, MARCH 4, 1996


     The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, never let us forget who we are, that for which we stand, or those who sent us here. Keep us focused on why we are here, the needs of the people and the foundations upon which we build. Guide our efforts. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, February 29, 1996, was read and approved.

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

Present--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Absent with leave--Senators
ClayScott--2
The Lieutenant Governor was present.
     

RESOLUTIONS

     Senator Rohrbach offered Senate Resolution No. 948, regarding Rosemarie Campbell, Jefferson City, which was adopted.

     Senator McKenna offered Senate Resolution No. 949, regarding Zelpa Genrich, which was adopted.

     Senator McKenna offered Senate Resolution No. 950, regarding Ed "Big Daddy" Roth, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 951, regarding Corey Leigh Skillman, Wentzville, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 952, regarding Steven Michael "Steve" Hedley, O'Fallon, which was adopted.

     Senator Singleton moved that SR 830, with SS, SA 2 and SCS (pending), be taken up for adoption and requested a roll call vote be taken. He was joined in his request by Senators Flotron, Graves, Melton and Mueller.

     SR 830, with SS, SA 2 and SCS (pending), was taken up for adoption by the following vote:

Yeas--Senators
CaskeyDePascoEhlmannFlotron
GoodeGravesHouseKenney
KinderMathewsonMaxwellMelton
MuellerQuickRohrbachRussell
SingletonWestfallWiggins--19
Nays--Senators
BanksHowardJohnsonLybyer
McKennaMoseleyStaplesTreppler--8
Absent--Senators
BentleyCurlsKlarichSchneider
Sims--5
Absent with leave--Senators
ClayScott--2
     President Wilson assumed the Chair.

     Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Substitute for Senate Resolution No. 830, Page 331 of the Senate Journal for February 29, 1996, Line 39 of column 1 of said page, by striking the word "association" and inserting in lieu thereof the word "associations"; and further on said line, by striking the word "has" and inserting in lieu thereof the following: "and activities have".

     Senator Maxwell moved that the above amendment be adopted.

     Senator Wiggins assumed the Chair.

     At the request of Senator Singleton, the motion to adopt SCS for SR 830 was withdrawn placing the resolution on the calendar, with SCS and SA 1 (pending).

CONCURRENT RESOLUTIONS

     Senator Howard offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 24

     WHEREAS, Missourians have played an important role in Texas history. Stephen Austin, a Missourian, is considered to be the father of Texas and is the man for whom the capital of Texas was named. Stephen's father, Moses Austin, also a Missourian, is considered to be the grandfather of Texas;

     WHEREAS, the Siege of the Alamo, which occurred from February 23 through March 6, 1836, in San Antonio, Texas, marked the beginning of Texas' struggle for independence from Mexico;

     WHEREAS, Jacob Darst, a Missourian, was the man who touched off the first shot of the Texas Revolution;

     WHEREAS, one hundred eighty men, including a number of volunteers from Missouri and men with Missouri connections, defended the fortified missions at the Alamo against an army of several thousand;

     WHEREAS, on March 6, 1836, the Battle of the Alamo occurred, in which all of the men who defended the Alamo gave up their lives;

     WHEREAS, five Missouri volunteers, William Charles M. Baker, George D. Butler, Charles Henry Clark, Jerry C. Day and George W. Tumlison, gave up their lives on March 6, 1836, in defense of the Alamo;

     WHEREAS, while several states have established memorials for their volunteers who gave up their lives at the Alamo, no such memorial exists to honor the Missouri volunteers;

     WHEREAS, Glen Whitener, President of Whitener Monuments, Incorporated and member of the Missouri Monument Builders Association, along with the Missouri Monument Builders Association, would like to donate the monument for such a memorial;

     WHEREAS, this monument, to be dedicated to the memory of the Missouri volunteers, would be located at the Alamo;

     NOW, THEREFORE, BE IT RESOLVED, by the Senate, the House of Representatives concurring therein, that the Missouri General Assembly supports the establishment of a memorial to honor the volunteers from Missouri who gave up their lives at the Alamo for the independence of Texas; and

     BE IT FURTHER RESOLVED that properly inscribed copies of this resolution be delivered to Mr. Glen Whitener, President of Whitener Monuments, Incorporated, and member of the Missouri Monument Builders Association, and the Missouri Monument Builders Association.

RE-REFERRALS

     President Pro Tem Mathewson re-referred SB 916 to the Committee on Aging, Families and Mental Health.

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

March 1, 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:

     Gracia Y. Backer, Route 2, Box 281, New Bloomfield, Callaway County, Missouri 65063, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1998, and until her 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

March 1, 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:

     Daniel R. Baldwin, 7445 Washington Avenue, University City, St. Louis County, Missouri 63130, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1997, and until his successor is duly appointed and qualified; vice, Henrietta Ambrose, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Eddie G. Brooks, Sr., 809 Mary Court, Blue Springs, Jackson County, Missouri 64014, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1998, and until his successor is duly appointed and qualified; vice, James Mayo, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Brigette B. Dabney, 5307 Bay Point Drive, Florissant, St. Louis County, Missouri 63034, as a member of the Drug Utilization Review Board, for a term ending October 15, 1998, and until her successor is duly appointed and qualified; vice, vacant.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Steven P. Gietschier, 2951 Dividend Park Drive, Florissant, St. Louis County, Missouri 63031, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1998, and until his successor is duly appointed and qualified; vice, Peter Michel, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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 C. Hensley, Democrat, 805 E. Gore, Box 245, Raymore, Cass County, Missouri 64083, as a member of the Public Defender Commission, for a term ending December 30, 1997, and until his successor is duly appointed and qualified; vice, H. Mark Preyer, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Stephen D. Paulsell, 5304 E. Tayside Circle, Columbia, Boone County, Missouri 65203, as a member of the Missouri Emergency Response Commission, for a term ending December 15, 1998, 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

March 1, 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:

     Robert C. Smith, 709 Russell Boulevard, Columbia, Boone County, Missouri 65203, as a member of the Administrative Hearing Commission, for a term ending October 13, 2001, and until his successor is duly appointed and qualified; vice, Edward Downey, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Bonita M. Stepenoff, 217 North Henderson Avenue, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1996, and until her successor is duly appointed and qualified; vice, Nickolas Burckel, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 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:

     Benedict K. Zobrist, 71B T Street, Lake Lotowana, Jackson County, Missouri 64086, as a member of the Missouri State Historical Records Advisory Board, for a term ending November 1, 1997, 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

March 4, 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:

     Conny K. Dover, Democrat, Route 6 Box 455, Kirksville, Adair County, Missouri 63501, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

     Susanne B. Hoffmann, Democrat, 6308 Westminster Place, St. Louis, St. Louis County, Missouri 63130, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

     Barbara Westhues, Republican, Route 3 Box 153, Moberly, Randolph County, Missouri 65270, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

     Reverend Maria-Alma Rainey Copeland, Democrat, 5255 Delcastle Drive, Florissant, St. Louis County, Missouri 63032, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

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

     President Pro Tem Mathewson assumed the Chair.

CONCURRENT RESOLUTIONS

     Senator Wiggins moved that SCR 23 be taken up for adoption, which motion prevailed.

     On motion of Senator Wiggins, SCR 23 was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
CurlsSchneider--2
Absent with leave--Senators
ClayScott--2

REPORTS OF STANDING COMMITTEES

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 527, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 527, Page 2, Section 575.010, Line 18, by striking "police dog or a police horse" and inserting in lieu thereof the following: "dog, horse or other animal used in law enforcement"; and

     Further amend said bill, page 2, section 575.335, line 5, by inserting immediately after the word "officer" the following: "or a department of corrections officer"; and

     Further amend said bill, page 2, section 575.337, line 6, by inserting immediately after the word "officer" the following: "or a department of corrections officer".

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 756, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 756, Page 1, Section 2, Line 1, by removing the word "shall" and adding the word "may".

     Senator McKenna, Chairman of the Committee on Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred SB 834, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 834, Page 3, Section 194.410, Lines 7-8, by striking "C felony" and inserting in lieu thereof the following: "A misdemeanor"; and further amend line 9, by striking "B" and inserting in lieu thereof the following: "D"; and further amend line 13, by striking "D felony" and inserting in lieu thereof the following: "A misdemeanor"; and further amend line 14, by striking "C" and inserting in lieu thereof the following: "D".

     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 914, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE      AMENDMENT NO. 1

     Amend Senate Bill No. 914, Page 5, Section 140.190, Line 8, by striking the word "bid" and inserting in lieu thereof the word "sale"; and further on said line by striking the words "received from" and inserting in lieu thereof the words "made to"; and further on line 9 by inserting immediately after the word "sale" the following: "and who does not sign an affidavit stating such at the time of sale, failure to sign such affidavit as well as signing a false affidavit may invalidate such sale.".

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 953, regarding the Fiftieth Wedding Anniversary of George and Jean Franke, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 954, regarding the Lee's Summit High School Tigers wrestling team, which was adopted.

     Senator Kenney offered Senate Resolution No. 955, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Kammerich, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 956, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max Meals, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 957, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gordon Sevy, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 958, regarding Mark Seelbinder, Lee's Summit, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Mathewson introduced to the Senate, Sharon Meyers, Allan Rohrbach, and thirty-four seventh grade students from Green Ridge Elementary School, Green Ridge; and Carrie Myears, Michael Berry, David Rohrbach and Cristin Moriarity were made honorary pages.

     Senator Melton introduced to the Senate, the Physician of the Day, Dr. Bruce Preston, West Plains.

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