Journal of the Senate

SECOND REGULAR SESSION


FIFTY-SECOND DAY--TUESDAY, APRIL 9, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, because of crimes and violence many songs go unsung, many books go unwritten and many dreams go unfilled. In a nation where laws have made us free, may they also make us safe. In a nation which guarantees equal rights for all people, we pray that all people will be treated equally. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, April 4, 1996, was read and approved.

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

Present--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Absent with leave--Senator Scott--1
The Lieutenant Governor was present.
     

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 1110, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joseph Gray, Gallatin, which was adopted.

     Senator Graves offered Senate Resolution No. 1111, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clifford Roberts, Mercer, which was adopted.

     Senator Graves offered Senate Resolution No. 1112, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max Wescoat, Milan, which was adopted.

     Senator Graves offered Senate Resolution No. 1113, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ervin (Pete) Garr, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 1114, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Sammie Jones, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 1115, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Eugene Holmes, Gower, which was adopted.

     Senator Graves offered Senate Resolution No. 1116, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Albert Edwards, Carrollton, which was adopted.

     Senator Graves offered Senate Resolution No. 1117, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Donald Gross, Bosworth, which was adopted.

     Senator Graves offered Senate Resolution No. 1118, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Clarence Samuels, Carrollton, which was adopted.

     Senator Graves offered Senate Resolution No. 1119, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. James Amos, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 1120, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George M. Reed, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 1121, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gaylon Stewart, Tina, which was adopted.

     Senator Graves offered Senate Resolution No. 1122, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Ronald Duffy, Altamont, which was adopted.

     Senator Graves offered Senate Resolution No. 1123, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Golston, Bloomfield, which was adopted.

     Senator Graves offered Senate Resolution No. 1124, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Edgar Thurnau, Mound City, which was adopted.

     Senator Graves offered Senate Resolution No. 1125, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Keith Abbey, Trenton, which was adopted.

     Senator Kinder offered Senate Resolution No. 1126, regarding the Charleston High School Boys Basketball Team, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1127, regarding Dr. William T. Betz, D.O., Grandview, which was adopted.

     Senator Wiggins and Senator Kenney offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1128

     WHEREAS, the Members of the Missouri Senate have been deeply saddened to learn of the death of Mrs. Kathleen Mahoney Wise, of Kansas City; and

     WHEREAS, Mrs. Wise, known as Kathy by her many friends and admirers, was a native of Kansas City, and was a founder and Past President of the Missouri Right to Life; and

     WHEREAS, Mrs. Wise had served as Program Coordinator for the National Legal Center for the Medically Dependent and Disabled; Director of Development for the Good Shepherd Center; Director of Development for the Don Bosco Center; and as an independent consultant for human service organizations; and

     WHEREAS, Mrs. Wise was a charter member of the Northeast Optimist Club, was a member of the Greater Kansas City Council on Philanthropy; and had been appointed to the Missouri Children's Trust Fund Board of Directors where she also served as Chairperson of the Public Education Committee; and

     WHEREAS, Mrs. Wise was a charming and personable lady who was extremely effective in her efforts and was devoted to her family and friends; and

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of Mrs. Kathleen Mahoney Wise, express their appreciation for her lifetime of good citizenship, and her contributions to Kansas City, and Missouri, and extend to her husband Stephen J. Wise, family and many friends most sincere sympathy on her death;

     BE IF FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mr. Stephen J. Wise, Christine M. Lee, David L. Edwards, Stephen A. Edwards, Michelle Edwards and Mr. and Mrs. George T. Mahoney.

     Senator Flotron offered Senate Resolution No. 1129, regarding Steve German, which was adopted.

     Senator Kenney offered Senate Resolution No. 1130, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Anderson, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 1131, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Marvin Gray, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 1132, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lee K. Oberweather, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 1133, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ed Breon, Lee's Summit, which was adopted.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HCS for HB 1259, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

REPORTS OF STANDING COMMITTEES

     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 SCS for SB 777, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following reports:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1117, 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 Aging, Families and Mental Health, to which was referred HB 1431, 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 Aging, Families and Mental Health, to which was referred HB 1601, 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 House Bill No. 1601, Page 1, In the Title, Line 2, by deleting the words "to the city of Fulton"; and

     Further amend said bill, page 4, section 2, line 75, by inserting immediately after said line, the following:

     "Section 3. 1. The governor of the state of Missouri is hereby authorized to grant, sell and convey certain excess lands of the state of Missouri adjacent to Fulton state hospital to the county of Callaway for valuable consideration as agreed to by the parties.

     2. The property to be conveyed is more particularly described as follows:

Part of the S.E. 1/4, Sec. 16 T47N.R9W. Callaway County, Mo., described as follows: commencing at a 1/2" iron pin at the East 1/4 corner of said Sec. 16, thence N. 8732'57" W along the east-west mid-section line of said Sec. 16, 530 feet to a 1/2" iron pin at the N.W. Corner of the Diagnostic property, thence S 0132'02" W along the west line of said Diagnostic property 849.44 feet to the true point of beginning, thence continue S 0132'02" along said line 100 feet to the N.E. corner of the Callaway County Jail property. Thence N 8732'57" W along the north line of said property 500.00 feet to the N.W. corner of said property, thence N 0138'02" E 100 feet. Thence S 8732'57" E 500.00 feet to the true point of beginning. Containing 1.15 acres, subject to any rights of way, easements or restrictions existing or of record.

     3. The attorney general shall approve as to form the instrument of conveyance.".

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which was referred HB 1346, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     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 HB 1248, 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 House Bill No. 1248, Page 1, Section 12.027, Line 2, by inserting after the word "lands" the following: "and lands acquired after the effective date of this section"; and

     Further amend said bill, Page 1, Section 12.027, Line 7, by deleting the word "Historical" and inserting in lieu thereof the following: "[Historical] Historic".

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following reports:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 766, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 1355, 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 House Bill No. 1355, Page 1, Section 105.665, Line 6, by deleting the words "and assumptions"; and

     Further amend said bill, Page 1, Section 105.665, Line 7, by deleting the following: ". The cost statement" and inserting in lieu thereof the following: "and"; and

     Further amend said bill, Page 2, Section 105.665, Line 25, by deleting the opening bracket "["; and

     Further amend said bill, Page 2, Section 105.665, Line 26, by deleting the closing bracket "]"; and

     Further amend said bill, Page 2, Section 105.665, Line 27, by inserting after the word and closing bracket "assumptions]" the following: ", which"; and

     Further amend said bill, Page 2, Section 105.665, Line 28, by inserting after the word "plan" the following: ", unless the nature of the proposed change is such that alternative assumptions are clearly warranted,"; and

     Further amend said bill, Page 3, Section 105.675, Line 7, by deleting the word "chief"; and

     Further amend said bill, Page 3, Section 105.675, Line 7, by deleting the words "of the senate".

SENATE BILLS FOR PERFECTION

     At the request of Senator Maxwell, SB 757 was placed on the Informal Calendar.

     At the request of Senator McKenna, SB 597 and SB 729, with SCS, were placed on the Informal Calendar.

     At the request of Senator DePasco, SB 851, with SCS, was placed on the Informal Calendar.

     Senator Goode moved that SB 507, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 507, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 507

     An Act to repeal sections 386.020, 392.180, 392.410, 392.450, and 392.530, RSMo 1994, relating to the regulation of telecommunications companies, and to enact in lieu thereof ten new sections, relating to the same subject.

     Was taken up.

     Senator Goode moved that SCS for SB 507 be adopted.

     Senator Goode offered SS for SCS for SB 507, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 507

     An Act to repeal sections 386.020, 392.180, 392.200, 392.220, 392.410, 392.450, and 392.530, RSMo 1994, relating to the regulation of telecommunications companies, and to enact in lieu thereof fifteen new sections, relating to the same subject, with an emergency clause.

     Senator Goode moved that SS for SCS for SB 507 be adopted.

     Senator Quick assumed the Chair.

     Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 507, Page 48, Section 392.248, Line 1, by inserting immediately after said line, the following:

     "14. The state board of probation and parole, the department of corrections or the county commission of any county may enter into a contract with a public or private telecommunications company or cable television service company for the provision of collection services for fines, fees, restitution, and other costs ordered to be paid by a court."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Rohrbach raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill.

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

     At the request of Senator Klarich, SA 1 was withdrawn, rendering the point of order moot.

     Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 507, Page 24, Section 392.201, Line 20 of said page, by striking the following words and comma ",": "including content,".

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Wiggins assumed the Chair.

     At the request of Senator Goode, SB 507, with SCS, and SS for SCS, as amended (pending), was placed on the Informal Calendar.

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 adopted SCR 20.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1002, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1003, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1004, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1005, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1006, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1007, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1008, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1009, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1010, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1011, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1012, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     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 999, entitled:

     An Act to repeal section 334.735, RSMo 1994, and sections 334.500 and 334.740, RSMo Supp. 1995, relating to licensing and regulating certain health care professionals, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1113, entitled:

     An Act to repeal sections 173.250 and 313.835, RSMo 1994, relating to certain scholarship programs, and to enact in lieu thereof seven new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 5, 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:

     William Hayden Creech, Jr., Democrat, 1300 Boone Street, Troy, Lincoln County, Missouri 63379, as a member of the Missouri Housing Development Commission, for a term ending October 13, 1999, and until his successor is duly appointed and qualified; vice, Giana Snyder Andrews, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 5, 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:

     Patricia Ann Flood, Democrat, 402 Flanders Drive, Warson Woods, St. Louis County, Missouri 63122, as a member of the Missouri Ethics Commission, for a term ending March 15, 2000; vice, Cynthia Goforth, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 5, 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:

     Dean Eugene Freeman, Republican, Rural Route 2 Box 39, Oregon, Holt County, Missouri 64473, as a member of the Dam and Reservoir Safety Council, for a term ending May 12, 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

April 5, 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:

     Dan A. Needham, 499 Duckhead Road, Lake Ozark, Camden County, Missouri 65049, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1998, and until his successor is duly appointed and qualified; vice, Nathan B. Walker, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

     Senator Lybyer requested unanimous consent of the Senate to make one motion to send SCS for HCS for HB 1002, as amended, through SCS for HCS for HB 1012 to conference, which request was granted.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to recede from its position on SCS for HCS for HB 1002, as amended; SCS for HCS for HB 1003, as amended; SCS for HCS for HB 1004; SCS for HCS for HB 1005, as amended; SCS for HCS for HB 1006, as amended; SCS for HCS for HB 1007; SCS for HCS for HB 1008; SCS for HCS for HB 1009, as amended; SCS for HCS for HB 1010, as amended; SCS for HCS for HB 1011; and SCS for HCS for HB 1012, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem Mathewson appointed the following conference committees to act with like committees from the House on SCS for HCS for HB 1002, as amended; SCS for HCS for HB 1003, as amended; SCS for HCS for HB 1004; SCS for HCS for HB 1005, as amended; SCS for HCS for HB 1006, as amended; SCS for HCS for HB 1007; SCS for HCS for HB 1008; SCS for HCS for HB 1009, as amended; SCS for HCS for HB 1010, as amended; SCS for HCS for HB 1011; and SCS for HCS for HB 1012: Senators Lybyer, Wiggins, Goode, Russell and Melton.

INTRODUCTIONS OF GUESTS

     Senator Wiggins introduced to the Senate, former Senator Jim Taylor and his wife, their granddaughters April Taylor and Briana Sprick, Kansas City.

     Senator Westfall introduced to the Senate, Melinda Bruce, Walker; Jason Fowler, Sheldon; Chastity Majors, Schell City; Ashley McNeil, Bronaugh; and Jessie Ketterman, Karen Hertzberg and Mary Alice Shannon, Nevada.

     Senator Caskey introduced to the Senate, the Physician of the Day, Dr. Marla Tobin and her husband, Ron Bowman, Higginsville; and Sami Babrakzai and her son, Adam, Warrensburg; and Adam was made an honorary page.

     Senator Caskey introduced to the Senate, Allison Rhodes, Windsor; Sherry Brooks, Hume; Andrea Steuck, Rich Hill; and Grant Yoder, Butler.

     Senator Schneider introduced to the Senate, Betty Sheller and ninety fourth and fifth grade students from Walker Elementary School, Florissant; and Ashley White, Eric Green, Erin Gall and Laura Timmerman were made honorary pages.

     On behalf of Senator Wiggins, the President introduced to the Senate, Councilman Jim Glover, Kansas City.

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