Journal of the Senate

FIRST REGULAR SESSION


THIRTY-FIFTH DAY--WEDNESDAY, MARCH 12, 1997


     The Senate met pursuant to adjournment.

     Senator Quick in the Chair.

RESOLUTIONS

     On behalf of Senator Scott, Senator Quick offered Senate Resolution No. 364, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert M. Roy, St. Louis, which was adopted.

     On behalf of Senator Singleton, Senator Quick offered Senate Resolution No. 365, regarding Ina Mae Brooks, Lamar, which was adopted.

     On behalf of Senator Johnson, Senator Quick offered Senate Resolution No. 366, regarding Jereme Blankenship, Platte County High School, which was adopted.

     On behalf of Senator Goode, Senator Quick offered Senate Resolution No. 367, regarding George M. "Jerry" Corcoran, St. Louis County, which was adopted.

     On behalf of Senator Goode, Senator Quick offered Senate Resolution No. 368, regarding Gertrude M. Pate, St. Louis, which was adopted.

     On behalf of Senator Sims, Senator Quick offered Senate Resolution No. 369, regarding Ralph E. Turney, St. Louis, which was adopted.

     On behalf of Senator Sims, Senator Quick offered Senate Resolution No. 370, regarding Ted L. Smith, St. Louis County, which was adopted.

     On behalf of Senator Graves, Senator Quick offered Senate Resolution No. 371, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Alvin Mullins, Oregon, which was adopted.

     On behalf of Senator Graves, Senator Quick offered Senate Resolution No. 372, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Glenn Everman, Cameron, which was adopted.

     On behalf of Senator Graves, Senator Quick offered Senate Resolution No. 373, regarding Glen Kaiser, Carrollton, which was adopted.

     On behalf of Senator Graves, Senator Quick offered Senate Resolution No. 374, regarding John Quinn, Chillicothe, which was adopted.

     On behalf of Senator Graves, Senator Quick offered Senate Resolution No. 375, regarding George W. Quinn, Chillicothe, which was adopted.

     On behalf of Senator Sims, Senator Quick offered Senate Resolution No. 376, regarding Sherri Ulbrich, which was adopted.

     On behalf of Senator McKenna, Senator Quick offered Senate Resolution No. 377, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Leonard Donnelly, Maxville, which was adopted.

     Senator Quick offered Senate Resolution No. 378, regarding George Cascone, Kansas City, which was adopted.

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 6, 1997

TO THE SENATE OF THE 89TH 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 Louise Bussabarger, 1914 Princeton Drive, Columbia, Boone County, Missouri 65203, as a member of the Missouri Family Trust Board of Trustees, for a term ending December 7, 1999, 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 6, 1997

TO THE SENATE OF THE 89TH 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:

     Dallas G. Dickens, 129 Pershing, Post Office Box 135, Branson, Taney County, Missouri 65615, as a member of the Missouri Family Trust Board of Trustees, for a term ending December 7, 1997, and until his successor is duly appointed and qualified; vice, Lawrence M. Aaron, Jr., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

MESSAGES FROM THE HOUSE

     The following message was 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 HCR 23.

HOUSE CONCURRENT RESOLUTION NO. 23

     WHEREAS, the United States Environmental Protection Agency (EPA) has a responsibility under the federal Clean Air Act to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

     WHEREAS, the EPA is considering changes to both NAAQS, which include tightening of the ozone standard and adding a separate standard for particulate matter smaller than two and one-half microns in size (PM 2.5) in addition to the existing standard for particulate matter smaller than ten microns in size (PM 10); and

     WHEREAS, states, through their citizens, legislative bodies and regulatory agencies, have worked hard to reduce air pollution and meet clean air requirements; and

     WHEREAS, tightened standards could significantly expand the number of nonattainment areas for both standards and result in emissions controls in additional areas, thus imposing significant economic, administrative and regulatory burdens on more citizens, businesses and local governments; and

     WHEREAS, there is very little monitoring data for PM 2.5; and

     WHEREAS, current research indicates that there are many unanswered questions and uncertainties on the PM issue and the need for a more stringent standard, including divergent opinions among scientists who have investigated this issue; and

     WHEREAS, there is considerable uncertainty about the scientific validity of the theories, data, and conclusions upon which the proposed NAAQS are based and the cost and feasibility of complying with them; and

     WHEREAS, the EPA's own scientific advisor, the Clean Air Science Advisory Committee (CASAC) has recommended that the EPA proceed cautiously and improve the existing state of scientific knowledge before taking costly steps to further control ozone and fine particle emissions:

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby advise and strongly urge the EPA to retain the existing NAAQS for ozone; and

     BE IT FURTHER RESOLVED that the Missouri General Assembly further advises and strongly urges the EPA to reaffirm the existing PM 10 standard and conduct the additional PM 2.5 monitoring and scientific research needed to address the issue of causality and other important unanswered questions before a proposal for a new PM 2.5 standard or a revised PM 10 standard is made; and

     BE IT FURTHER RESOLVED that the General Assembly calls upon the EPA to delay its current consideration of the PM 2.5 standard until more information, including sound science and cost-effective data, is available; and

     BE IT FURTHER RESOLVED that the General Assembly urges the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would derive from changes to the NAAQS for ozone and particulate matter; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Missouri Congressional delegation, the Administrator of the United States Environmental Protection Agency, and the Director of the Missouri Department of Natural Resources.

     In which the concurrence of the Senate is respectfully requested.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

February 27, 1997

Senator Wayne Goode

Missouri Senate

State Capitol, Room 334

Jefferson City, MO 65101

Dear Wayne:

Please be advised that I have appointed you a member of the Oversight Committee Capital Improvement ADA Compliance, Section 19.010.

If you have any questions or concerns please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

February 27, 1997

Senator Harold Caskey

Missouri Senate

State Capitol Room 320

Jefferson City, MO 65101

Dear Senator Caskey:

Please be advised that I have appointed you a member of the Children's Trust Fund, 210.170 RSMo. 1986.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable John Russell

Missouri Senate

Capitol Building, Room 419

Jefferson City, MO 65101

Dear Senator Russell:

Please be advised that I have appointed you as a member of the Multi Tax Compact Advisory Committee Section 32.250 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Ed Quick

Missouri Senate

Capitol Building, Room 331A

Jefferson City, MO 65101

Dear Senator Quick:

Please be advised that I am appointing you a member of the Missouri Job Training Legislative Oversight Committee Section 620.481 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Walt Mueller

Missouri Senate

Capitol Building, Room 330

Jefferson City, MO 65101

Dear Senator Mueller:

Please be advised that I am appointing you a member of the Missouri Job Training Legislative Oversight Committee Section 620.481 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Joe Maxwell

Capitol Building, Room 334

Jefferson City, MO 65101

Dear Senator Maxwell:

Please be advised that I am appointing you a member of the Emergency Response Commission Section 292.602 RSMo.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

Senator James Mathewson

Missouri Senate

Capitol Building Room 323

Jefferson City, MO 65101

Dear James:

Please be advised that I am appointing you a member of the Missouri Technology Corporation Section 348.251 RSMo.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

Senator Peter Kinder

Missouri Senate

Capitol Building Room 431

Jefferson City, MO 65101

Dear Peter:

Please be advised that I am appointing you a member of the Missouri Health Facilities Review Board Section 197.310.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Peter Kinder

Missouri Senate

Capitol Building Room 431

Jefferson City, MO 65101

Dear Senator Kinder:

Please be advised that I have appointed you a member of the Commission on Judicial Resources, Section 476.415 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Wayne Goode

Missouri Senate

Capitol Building, Room 334

Jefferson City, MO 65101

Dear Senator Goode:

Please be advised that I am appointing you a member of the Emergency Response Commission Section 292.602 RSMo.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Wayne Goode

Missouri Senate

Capitol Building, Room 334

Jefferson City, MO 65101

Dear Senator Goode:

Please be advised that I have re-appointed you a member of the Commission on Management and Productivity, Executive Order 95.03 (COMAP).

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

The Honorable Steve Ehlmann

Missouri Senate

Capitol Building, Room 434

Jefferson City, MO 65101

Dear Steve:

Please be advised that I have appointed you a member of the Film Commission Section 620.1200 RSMo.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 3, 1997

Senator Ronnie DePasco

Missouri Senate

Capitol Building, Room 321

Jefferson City, MO 65101

Dear Ronnie:

Please be advised that I have appointed you a member of the Film Commission Section 620.1200 RSMo.

If I can be of assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Harold Caskey

Missouri Senate

Capitol Building, Room 320

Jefferson City, MO 65101

Dear Harold:

Please be advised that I have appointed you a member of the Commission on Performance Section 165.010 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Steve Ehlmann

Missouri Senate

Capitol Building, Room 434

Jefferson City, MO 65101

Dear Steve:

Please be advised that I have appointed you a member of the Commission on Performance Section 165.010 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Mike Lybyer

Missouri Senate

Capitol Building, Room 333

Jefferson City, MO 65101

Dear Mike:

Please be advised that as the Chairman of the Appropriations Committee I am appointing you a member of the Joint Legislative Committee on Court Automation 476.055.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Steve Ehlmann

Missouri Senate

Capitol Building, Room 434

Jefferson City, MO 65101

Dear Steve:

Please be advised that as the Minority Floor Leader I am appointing you a member of the Joint Legislative Committee on Court Automation 476.055.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable John Schneider

Missouri Senate

Capitol Building, Room 422

Jefferson City, MO 65101

Dear John:

Please be advised that as the Chairman of the Judiciary Committee I am appointing you a member of the Joint Legislative Committee on Court Automation 476.055.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable David Klarich

Missouri Senate

Capitol Building, Room 427

Jefferson City, MO 65101

Dear David:

Please be advised that I am appointing you a member of the Video Instructional Development and Education Opportunity Advisory Committee.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Ted House

Missouri Senate

Capitol Building, Room 227

Jefferson City, MO 65101

Dear Ted:

Please be advised that I am appointing you a member of the Video Instructional Development and Education Opportunity Advisory Committee.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Sam Graves

Missouri Senate

Capitol Building, Room 225

Jefferson City, MO 65101

Dear Sam:

Please be advised that I have appointed you a member of the Missouri Ethanol and Other Renewable Fuel Sources Committee Section 414.420 RSMo Supp. 1993.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Ken Jacob

Missouri Senate

Capitol Building, Room 420A

Jefferson City, MO 65101

Dear Ken:

Please be advised that I have appointed you a member of the Missouri Assistive Technology Advisory Council Section 191.853.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Sidney Johnson

Missouri Senate

Capitol Building, Room 332

Jefferson City, MO 65101

Dear Senator Johnson:

Please be advised that I am appointing you a member of the State Records Commission Section 109.250 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Joe Maxwell

Missouri Senate

Capitol Building Room 219

Jefferson City, MO 65101

Dear Senator Maxwell:

Please be advised that I am appointing you a member of The Mississippi River Parkway Commission Section 226.440.

The commission was established to aid in the promotion and securement of federal parks and a scenic parkway and highway for the state of Missouri along the Mississippi River.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Anita Yeckel

Missouri Senate

Capitol Building Room 329

Jefferson City, MO 65101

Dear Senator Yeckel:

Please be advised that I am appointing you a member of The Mississippi River Parkway Commission Section 226.440.

The commission was established to aid in the promotion and securement of federal parks and a scenic parkway and highway for the state of Missouri along the Mississippi River.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable Joe Maxwell

Missouri Senate

Capitol Building, Room 219

Jefferson City, MO 65101

Dear Joe:

Please be advised that I have appointed you a member of the Linked Deposits Review Committee Section 30.763 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable John Russell

Missouri Senate

Capitol Building, Room 419

Jefferson City, MO 65101

Dear John:

Please be advised that I have appointed you a member of the Missouri State Employees Retirement System Board of Trustees Section 104.450 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable John Scott

Missouri Senate

Capitol Building, Room 416

Jefferson City, MO 65101

Dear John:

Please be advised that I have appointed you a member of the Missouri State Employees Retirement System Board of Trustees Section 104.450 RSMo. If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     Also,

March 4, 1997

The Honorable John Scott

Missouri Senate

Capitol Building Room 416

Jefferson City, MO 65101

Dear Senator Scott:

Please be advised that I am appointing you a member of the Transportation Development Commission Section 622.055 RSMo.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, March 17, 1997.