Journal of the Senate
SECOND REGULAR SESSION
SEVENTH DAY--MONDAY, JANUARY 15, 1996
President Wilson in the Chair.
The Chaplain offered the following prayer:
Our Father in Heaven, we are thankful that the dream is still alive, but we are saddened that You would have to be living in a dream world to believe the dream has come true. Wake us up to the need of being our brother's keeper and to the joy of being our brother's brother. 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, January 11, 1996, was read and approved.
The following Senators were present during the day's proceedings:
| Present--Senators | |||
| Banks | Bentley | Caskey | Curls |
| DePasco | Ehlmann | Flotron | Goode |
| Graves | House | Howard | Johnson |
| Kenney | Kinder | Klarich | Lybyer |
| Mathewson | Maxwell | McKenna | Melton |
| Moseley | Mueller | Quick | Rohrbach |
| Russell | Schneider | Sims | Singleton |
| Staples | Treppler | Westfall | Wiggins--32 |
| Absent with leave--Senators | |||
| Clay | Scott--2 | ||
| The Lieutenant Governor was present. | |||
SB 778--By Westfall.
An Act to repeal section 164.011, RSMo Supp. 1995, relating to school tax rates for capital projects funds, and to enact in lieu thereof one new section relating to the same subject.
SB 779--By Staples.
An Act to repeal section 333.041, RSMo 1994, relating to licensing of funeral directors and embalmers, and to enact in lieu thereof one new section relating to the same subject.
SB 780--By Staples.
An Act to repeal sections 390.150 and 622.010, RSMo 1994, relating to motor carriers, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.
SB 781--By Banks and McKenna.
An Act to repeal section 221.105, RSMo Supp. 1995, relating to the boarding of prisoners, and to enact in lieu thereof one new section relating to the same subject.
SB 782--By McKenna and Bentley.
An Act to repeal section 185.100, RSMo 1994, relating to the Missouri arts council, and to enact in lieu thereof one new section relating to the same subject.
SB 783--By McKenna.
An Act to repeal sections 288.380 and 347.187, RSMo 1994, and sections 351.488 and 358.150, RSMo Supp. 1995, relating to unemployment compensation funds, and to enact in lieu thereof four new sections relating to the same subject.
SB 784--By Melton.
An Act to amend chapter 407, RSMo, relating to merchandising practices, by enacting eight new sections relating to the sellers and promoters of travel, with penalty provisions.
SB 785--By Wiggins, Schneider, Klarich, Ehlmann, Graves, House, McKenna, Kenney, Kinder, Mueller, Curls, Rohrbach, Treppler, Westfall, Russell, Melton and Flotron.
An Act to repeal sections 188.025, 188.075, and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions, and an effective date.
SB 786--By Wiggins and Kinder.
An Act to create a pilot program of scholarships for educational purposes, and submitting said act to the voters of the state for approval or rejection under the referendum provisions of the constitution.
SB 787--By DePasco.
An Act to repeal section 42.007, RSMo 1994, relating to the Missouri veterans' commission, and to enact one new section relating to the same subject.
SB 788--By Melton.
An Act relating to the civil air patrol.
Senator Sims offered Senate Resolution No. 732, regarding the One Hundred Sixth Birthday of Ethel R. Harrison, St. Louis, which was adopted.
Senator Howard offered Senate Resolution No. 733, regarding Mr. Elmer Sharp, Piedmont, which was adopted.
Senator Howard offered Senate Resolution No. 734, regarding Hudson Foods, Inc., which was adopted.
Senator Kenney offered Senate Resolution No. 735, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gerald Crist, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 736, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Nicholas Darabos, Jr., Lee's Summit, which was adopted.
Senator Howard offered the following resolution, which was adopted:
WHEREAS, on January 20, 1996, Sam Huey will be formally honored as 1995 Man of the Year by the Dexter Chamber of Commerce, an accolade which testifies to the many important and lasting contributions he has made to improve the quality of life in the Dexter community; and
WHEREAS, during 1995, Mr. Huey compiled an extensive record of service as a member of the Stoddard County Fair Board and as an active volunteer behind-the-scenes at many county-sponsored fair events and other worthwhile events held on the fair grounds; and
WHEREAS, Sam Huey was highly instrumental in saving the Stoddard County Fair when the Dexter Jaycees decided to disband in 1985, since which time he has continued to play an important role in the fair's success while making sure that the focus of fair activities has been oriented toward the benefit of area youth; and
WHEREAS, Sam Huey has been a dedicated 4-H leader in the Dexter community for the past twenty-nine years, during which time he has touched and enriched the lives of countless young people by teaching them many valuable skills and by showing them the importance of responsibility; and
WHEREAS, over the years, Mr. Huey has unselfishly volunteered his time and effort to a wide variety of worthwhile activities, which have included driving the bus for numerous 4-H trips; helping FFA Meat Judging and Livestock Judging teams; providing animals for learning purposes to schools, pre-schools, vacation Bible schools, and Heritage House activities; helping with the Chamber of Commerce Racking Horse Show and the Make-A-Wish Truck Pull; and working at many dinners and other projects at Sacred Heart Catholic Church:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join unanimously in commending and applauding Sam Huey for his unparalleled record of service and leadership which has truly earned him this Man of the Year recognition, and further extend to him our very best wishes as he continues to devote his time and talents in the interest of his fellow citizens; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mr. Sam Winfred Huey, as a measure of our esteem for him.
Senator Howard offered the following resolution, which was adopted:
WHEREAS, Mrs. Patty Shell of Dexter, Missouri, will be formally honored as 1996 Woman of the Year by the Dexter Chamber of Commerce, an accolade which highlights an exceptionally long and illustrious record of community involvement; and
WHEREAS, one of Stoddard County's most visible volunteer leaders for many years, Patty Shell has particularly distinguished herself through her service on behalf of the communities of Dexter and Essex; and
WHEREAS, Patty Shell played a key role in re-activating the Missouri Community Betterment program in Dexter to become an important instrument for the community's development, and she also provided invaluable leadership in working with the Chamber of Commerce to keep the prestigious Missouri State Racking Horse Show in Dexter, an event which has brought considerable honor and recognition to Dexter; and
WHEREAS, Patty Shell was also a driving force in the revitalization of the Dexter Heritage House Association, which has raised approximately $15,000 for the preservation of the home that is noted to be one of the oldest remaining homes in Dexter; and
WHEREAS, Patty Shell is a charter member of Dexter's Chapter of the Altrusa International Organization, a professional women's group dedicated to eradicating illiteracy in the United States, and a devoted member of the International Soroptimist Club of Dexter, where she has held various offices and has guided the establishment of a $500 yearly scholarship; and
WHEREAS, Dexter's nominee for the Governor's 1995 Adult Leadership Award, Patty Shell has most recently been involved in the establishment of the Heritage Museum in Dexter, a branch of the Dexter Heritage Association which is committed to preserving the community's proud past and promoting its bright future:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join unanimously in extending our warmest and most hearty congratulations to Patty Shell at this proud moment of well-deserved recognition, and further extend to her our very best wishes as she continues to devote her time and talent in the interest of her fellow citizens; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mrs. Patty Shell, as a measure of our esteem for her.
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Milton J. Bischof, Jr., #6 Elmcrest Acres, St. Louis, St. Louis County, Missouri 63138, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.
MEL CARNAHAN
Governor
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Jeffrey D. Cawlfield, Democrat, 13493 County Road 4040, Rolla, Phelps County, Missouri 65401, as a member of the Dam and Reservoir Safety Council, for a term ending July 15, 1997, and until his successor is duly appointed and qualified; vice, Gregory Hemper, resigned.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
John L. Ditto, Jr., M.D., 903 Tanya Lynn, Jefferson City, Cole County, Missouri 65109, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 1999, and until his successor is duly appointed and qualified; vice, Senate Bill 69.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Joseph L. Driskill, 109 Monterey, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1998, and until his successor is duly appointed and qualified; vice, Tom Sullivan, term expired.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Janet P. Handley, 2329 E. Bancroft, Springfield, Greene County, Missouri 65804, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 2000, and until her successor is duly appointed and qualified; vice, Senate Bill 69.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Jacqueline Scott Hartman, 16122 Surfview Court, Grover, St. Louis County, Missouri 63040, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 1997, and until her successor is duly appointed and qualified; vice, Senate Bill 69.
Respectfully submitted,
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Ed Kruse, 17313 E. 52nd Street, Independence, Jackson County, Missouri 64055, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 1998, and until his successor is duly appointed and qualified; vice, Senate Bill 69.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Ann D. Laird, 9979 Coddington Way, St. Louis, St. Louis County, Missouri 63131, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 2000, and until her successor is duly appointed and qualified; vice, Senate Bill 69.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
M. Sean McGinnis, Democrat, 1500 S. Fairway, Springfield, Greene County, Missouri 65804, as a member of the State Fair Commission, for a term ending January 11, 1998, and until his successor is duly appointed and qualified; vice, Senate Bill 692.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Daniel J. "Duke" McVey, 1414 Dixon Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Palmer R. "Nick" Nichols II, 1418 Springdale Terrace, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Training and Employment Council, for a term ending January 11, 2000, and until his successor is duly appointed and qualified; vice, vacancy.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Stephen M. Poort, 2139 Sunset Drive, Poplar Bluff, Butler County, Missouri 63901, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1997, and until his successor is duly appointed and qualified; vice, James Orr, term expired.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Kala M. Stroup, 2024 Stadium Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1996, and until her successor is duly appointed and qualified; vice, Betty Gregoire, term expired.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Terry L. Ware, Democrat, 1048 Cedarwood Drive, Merriam Woods, Taney County, Missouri 65740, as a member of the Dam and Reservoir Safety Council, for a term ending June 25, 1996, and until her successor is duly appointed and qualified; vice, reappointed to a full term.
MEL CARNAHAN
Governor
Also,
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
January 11, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
John H. Winter, M.D., Democrat, 12205 Blackheath, St. Louis, St. Louis County, Missouri 63141, as a member of the Dam and Reservoir Safety Council, for a term ending April 15, 1997, and until his successor is duly appointed and qualified; vice, reappointed to a full term.
MEL CARNAHAN
Governor
SSA 1 for SA 1 was again taken up.
Senator Wiggins assumed the Chair.
Senator Rohrbach moved that SSA 1 for SA 1 be adopted, which motion failed on a standing division vote.
SA 1 was again taken up.
Senator Caskey moved that the above amendment be adopted, which motion prevailed.
Senator Quick assumed the Chair.
Senator Caskey offered SA 2:
"544.665. 1. In addition to the forfeiture of any security which was given or pledged for his release, any person who, having been released pursuant to sections 544.040 to 544.665, or upon a recognizance or bond pursuant to any other provisions of law, willfully fails to appear before any court or judicial officer as required shall be guilty of an offense and punished as follows:
(1) If arrested for or charged with a felony, by a fine of not more than five thousand dollars or imprisoned for not more than five years;
(2) If arrested for or charged with a misdemeanor, by a fine of not more than one thousand dollars or confinement in the county jail for not more than one year;
(3) If arrested for or charged with an infraction, by a fine of not more than five hundred dollars;
[(3)] (4) If arrested for the violation of a municipal ordinance, by a fine not to exceed five hundred dollars; provided that the sentence imposed shall not exceed the maximum fine or maximum period of imprisonment which could be imposed for the offense for which the accused was arrested.
2. If the offense or ordinance violation be punished by fine only, punishment by confinement shall not be imposed.
3. Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt."; and
Further amend the title and enacting clause accordingly.
Senator Caskey moved that the above amendment be adopted, which motion prevailed.
President Pro Tem Mathewson assumed the Chair.
On motion of Senator Caskey, SB 629, as amended, was declared perfected and ordered printed.
Senator Quick resumed the Chair.
SB 681--Judiciary.
SB 682--Ethics.
SB 683--Financial and Governmental Operations.
SB 684--Commerce and Environment.
SB 685--Elections, Pensions and Veterans' Affairs.
SB 686--Agriculture and Local Government.
SB 688--Commerce and Environment.
SB 689--Agriculture and Local Government.
SB 690--Agriculture and Local Government.
SB 691--Transportation.
SB 692--Judiciary.
SB 693--Agriculture and Local Government.
SB 694--Education.
SB 695--Conservation, Parks and Tourism.
SB 696--Public Health and Welfare.
SB 697--Transportation.
SB 698--Elections, Pensions and Veterans' Affairs.
SB 699--Corrections and General Laws.
SB 700--Civil and Criminal Jurisprudence.
SB 701--Commerce and Environment.
SB 702--Appropriations.
SB 703--Aging, Families and Mental Health.
SB 704--Judiciary.
SB 705--Corrections and General Laws.
SB 706--Public Health and Welfare.
SB 707--Education.
SB 708--Corrections and General Laws.
SB 709--Ethics.
SB 710--Public Health and Welfare.
SB 712--Commerce and Environment.
SB 713--Aging, Families and Mental Health.
SB 714--Commerce and Environment.
SB 715--Conservation, Parks and Tourism.
SB 716--Civil and Criminal Jurisprudence.
SB 717--Transportation.
SB 718--Elections, Pensions and Veterans' Affairs.
SB 719--Agriculture and Local Government.
SB 720--Judiciary.
SB 721--Civil and Criminal Jurisprudence.
SB 722--Civil and Criminal Jurisprudence.
SB 723--Agriculture and Local Government.
SB 724--Insurance and Housing.
SB 725--Transportation.
SB 726--Aging, Families and Mental Health.
SB 727--Public Health and Welfare.
SB 728--Aging, Families and Mental Health.
SB 729--Insurance and Housing.
SB 730--Labor and Industrial Relations.
SB 731--Labor and Industrial Relations.
SB 732--Labor and Industrial Relations.
SB 733--Labor and Industrial Relations.
SB 734--Corrections and General Laws.
SB 735--Elections, Pensions and Veterans' Affairs.
SB 736--Insurance and Housing.
SB 737--Insurance and Housing.
SB 738--Aging, Families and Mental Health.
SB 741--Judiciary.
Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 671, begs leave to report that it has considered the same and recommends that the bill do pass.
Senator Quick introduced to the Senate, Richard Whipple and his son, Ryan, Kearney; and Ryan was made an honorary page.
Senator Banks introduced to the Senate, John Aikins, St. Louis.
On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Tuesday, January 16, 1996.