Journal of the Senate

SECOND REGULAR SESSION


FIFTEENTH DAY--MONDAY, JANUARY 29, 1996


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, when we are at our best we do not deserve all the blessings You give to us. When we are at our worst we don't deserve to be in Your presence. But we are thankful that at all times You are near to guide, direct, console, inspire and comfort. We pause at the beginning of this session to give You praise and to ask for Your mercy and help. 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 25, 1996, was read and approved.

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

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

RESOLUTIONS

     Senator House and Senator Flotron offered Senate Resolution No. 768, regarding Judge Melvyn Wiesman, Creve Coeur, which was adopted.

     Senator Mathewson offered Senate Resolution No. 769, regarding the Fiftieth Anniversary of Mr. and Mrs. Charles Finnell, Sedalia, which was adopted.

     Senator Flotron offered Senate Resolution No. 770, regarding DeSmet Jesuit High School Varsity Soccer Squad, which was adopted.

     Senator Clay offered Senate Resolution No. 771, regarding Lillian Saunders, which was adopted.

     Senator House offered Senate Resolution No. 772, regarding the One Hundred Fourth Birthday of Della Hall, Troy, which was adopted.

     Senator House offered Senate Resolution No. 773, regarding the One Hundred Third Birthday of Paul Jenish, Wellsville, which was adopted.

     Senator Mathewson offered Senate Resolution No. 774, regarding WaterWorks Pools and Spas, Sedalia, which was adopted.

     Senator House offered Senate Resolution No. 775, regarding Kidland Adventures, St. Peters, which was adopted.

     Senator Johnson offered Senate Resolution No. 776, regarding Bob Slater, St. Joseph, which was adopted.

     Senator Bentley offered Senate Resolution No. 777, regarding Julie's Chewies Gourmet Cookies, Springfield, which was adopted.

     Senator Howard offered Senate Resolution No. 778, regarding the Ag-Cat Corporation, Malden, which was adopted.

     Senator Howard, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 779

     WHEREAS, ten years ago, January 28, 1986, seven brave, exemplary Americans lost their lives in the service of their country and the service of humanity in the Challenger space shuttle tragedy; and

     WHEREAS, to this day these heroes are remembered for their courage, enthusiasm and professional dedication to stretching the boundaries of human exploration and achievement for all the citizens of the world; and

     WHEREAS, remembering the spirit of these outstanding people has inspired the hearts of millions around the globe including teachers and students who stopped Friday, January 26, 1996, and honored the memory of Christa Corrigan McAuliffe, the first teacher in space, and the six other members of the Challenger crew; and

     WHEREAS, Mrs. Sheila Perry of Bloomfield, Missouri, a Christa McAuliffe Fellow and a Challenger International Faculty Member developed the idea for this international project known as "Christa, This One's for You and the Challenger Crew!"; and

     WHEREAS, Mrs. Perry traveled to Framingham, Massachusetts this past summer and addressed Christa McAuliffe Fellows and area teachers concerning the project, worked with the Christa McAuliffe Center at Framingham College to develop a resource package for mailing, and also wrote a special poem in honor of the Challenger crew; and

     WHEREAS, this new generation of students in the Bloomfield schools are playing a major role in the international effort to formally honor the Challenger crew by using computers, sending E-Mail messages over the Internet asking people to remember Christa McAuliffe and the other Challenger astronauts in a meaningful way; and

     WHEREAS, through the work of Sheila Perry and her students, the Christa McAuliffe Center and the Challenger Center in Framingham, many people throughout the United States and in many parts of the world have committed themselves to remembering the Challenger crew through a number of ceremonies and activities; and

     WHEREAS, Mrs. Perry and her students are compiling a special commemorative book to present to Christa McAuliffe's mother, Grace Corrigan, who will visit Bloomfield on April 25th of this year; and

     NOW, THEREFORE, BE IT RESOLVED, that we the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join unanimously in commending and applauding Sheila Perry and the students of Bloomfield for their admirable efforts and initiative in honoring the memory of Christa McAuliffe and the Challenger shuttle crew, and further salute them with the very best wishes for success in this most worthwhile endeavor to remember these outstanding people and carry the torch of hope; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Grace Corrigan and for the Bloomfield R-14 Schools.

     Senator Singleton offered Senate Resolution No. 780, regarding the Ninetieth Birthday of Jean Cook, Newton County, which was adopted.

INTRODUCTION OF BILLS

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

     SB 857--By Johnson and Westfall.

     An Act to repeal sections 169.010 and 169.600, RSMo 1994, and sections 169.030 and 169.620, RSMo Supp. 1995, relating to teacher retirement, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

     SB 858--By Banks.

     An Act to repeal sections 191.650, 191.653, 191.656, 191.663 and 191.686, RSMo 1994, relating to acquired immune deficiency syndrome, and to enact five new sections relating to the same subject.

     SB 859--By McKenna.

     An Act relating to real estate transactions.

SECOND READING OF SENATE BILLS

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

     SB 845--Corrections and General Laws.

     SB 852--Education.

HOUSE BILLS ON SECOND READING

     The following Bill was read the 2nd time and referred to the Committee indicated:

     HB 1047--Transportation.

REPORTS OF STANDING COMMITTEES

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SS No. 2 for SB 503 and SS for SB 687, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

BILL REFERRALS

     President Pro Tem Mathewson referred SS No. 2 for SB 503 to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

     Senator Westfall moved that SB 540, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 540, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 540

     An Act to repeal sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, relating to the Missouri rehabilitation center, and to enact in lieu thereof twenty new sections relating to the same subject, with a contingent termination date for certain sections and an emergency clause.

     Was taken up.

     Senator Westfall moved that SCS for SB 540 be adopted, which motion prevailed.

     On motion of Senator Westfall, SCS for SB 540 was declared perfected and ordered printed.

CONCURRENT RESOLUTIONS

     Senator DePasco moved that SCR 18 be taken up for adoption, which motion prevailed.

     On motion of Senator DePasco, SCR 18 was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators
CurlsScott--2

RESOLUTIONS

     Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 781

     WHEREAS, the members of the Missouri Senate are always pleased to recognize an individual who has demonstrated an exceptional degree of commitment to the high ideals which have traditionally been associated with the Republican Party; and

     WHEREAS, Bobby Lee Patterson of Newton County has distinguished himself as a proud, loyal, and faithful member of the Republican Party for the past forty-eight years, during which time he has given tirelessly of himself in the various roles of supporter, advisor, mentor, and office holder; and

     WHEREAS, Bobby Lee Patterson became involved in politics almost a half century ago with his decision to follow in the footsteps of his father, Guy Patterson, who served as Newton County Collector from 1946 to 1954, and his uncle, Russell Patterson, who served as Newton County Sheriff from 1941 to 1945; and

     WHEREAS, Bobby Lee Patterson made his debut in the political arena in 1948 when he was elected Committeeman for Precinct #3, an achievement which marked the beginning of what would become a very successful career in Republican politics; and

     WHEREAS, Bobby Lee Patterson enjoyed the distinction of being elected Republican Party Chairman in 1968 and again in 1976, in which important capacity he continues to provide the finest service and the most outstanding leadership; and

     WHEREAS, Bobby Lee Patterson attained another impressive milestone in 1988, when the voters expressed their faith and confidence in him by electing him Public Administrator, which office he continues to hold; and

     WHEREAS, Bobby Lee Patterson's overall record of accomplishment is also embellished with thirty years of success in the car business, Manager of the Year recognition for his son's baseball league, and forty years of marriage to Betty Jean Sappington (now deceased), which union had been blessed with three children, Alan, Jack, and Lynn:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, join unanimously in expressing appreciation to Bobby Lee Patterson for the faithful manner in which he has contributed his time, energy, and ability to strengthen and enhance the Republican Party over the years and in wishing him only the best in meeting the challenges of tomorrow; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Bobby Lee Patterson.

     Senator Ehlmann offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 782

     WHEREAS, the members of the Missouri Senate are always pleased to recognize this state's outstanding citizens as they observe significant milestones in their lives; and

     WHEREAS, on February 7, 1996, Ruth E. Mitchell of St. Charles, Missouri, will proudly commemorate sixty years of dedicated service to the R.C. Wilson Company; and

     WHEREAS, Ruth Mitchell's long and illustrious association with the R.C. Wilson Company began on February 7, 1936, at that point in history when this nation was beginning to emerge from the Great Depression; and

     WHEREAS, during her sixty years of tireless commitment to the R.C. Wilson Company Ruth Mitchell has experienced the honor and the distinction of serving in such prestigious capacities as consultant and as president; and

     WHEREAS, Ruth Mitchell is known, admired, and respected for the exceptional leadership she has provided to guide the company along a steady path of growth, development, and progress; and

     WHEREAS, in appreciation of her numerous achievements, the Wilson headquarters building at 126 South Main Street was named "The Ruth E. Mitchell Building" in her honor in 1989; and

     WHEREAS, Ruth Mitchell has touched the lives of countless citizens over the years and has served as a tremendous source of genuine inspiration to all those who have enjoyed the privilege of knowing her; and

     WHEREAS, Ruth Mitchell has continually received the love, support, and encouragement of her devoted husband, Arthur:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, join unanimously in expressing our deepest gratitude to Ruth Mitchell for her longtime, faithful service and in wishing her continued success and happiness; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Ruth E. Mitchell, as a mark of our esteem for her.

INTRODUCTION OF BILLS

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

     SB 860--By Johnson.

     An Act to repeal sections 169.035, 169.050, 169.589 and 169.650, RSMo 1994, and sections 169.030, 169.055, 169.056, 169.057, 169.075, 169.560, 169.620, 169.630, 169.655 and 169.660, RSMo Supp. 1995, relating to teacher and school employee retirement systems, and to enact thirteen new sections relating to the same subject.

     SB 861--By Wiggins.

     An Act to repeal section 334.735, RSMo 1994, and section 334.740, RSMo Supp. 1995, relating to the regulation and licensing of respiratory care practitioners, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

     SB 862--By DePasco.

     An Act to repeal section 313.275, RSMo 1994, relating to the state lottery, and to enact in lieu thereof one new section relating to the same subject.

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 26, 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:

     Wayne T. Allen, 137 Kenview Drive, Holts Summit, Callaway County, Missouri 65043, as the public member of the State Committee of Marital and Family Therapists, for a term ending January 26, 2001, and until his 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 26, 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 Stroh Becvar, 6330 San Bonita Avenue, St. Louis, St. Louis County, Missouri 63105, as a member of the State Committee of Marital and Family Therapists, for a term ending January 26, 2000, 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 26, 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:

     Katherine A. Borman, Democrat, 4704 County Road 240, Kingdom City, Callaway County, Missouri 65262, as a member of the Missouri State Milk Board, for a term ending September 28, 1998, and until her successor is duly appointed and qualified; vice, vacancy.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Matthew L. Braun, 603 NW 161, Clinton, Henry County, Missouri 64735, as the Student Representative to the Northeast Missouri State University Board of Governors, for a term ending January 1, 1998, and until his successor is duly appointed and qualified; vice, Kyle Cope, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Gene R. Brown, M.A.P.T., 12046 Weshire Place, Maryland Heights, St. Louis County, Missouri 63043, as a member of the Advisory Commission for Professional Physical Therapists, for a term ending October 1, 1997, and until his successor is duly appointed and qualified; vice, Alfonso L. Amato, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Julie A. Chapman, 404 Saginaw Road, Joplin, Jasper County, Missouri 64804, as the Student Representative to the Missouri Southern State College Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, vacancy.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Joey Lyn Coleman, Post Office Box 804 SRB, Waynesville, Pulaski County, Missouri 65583, as the Student Representative to the Central Missouri State University Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, Jennifer Holmes, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Elizabeth A. Fleming, 3205 S. Kentucky, Sedalia, Pettis County, Missouri 65301, as the Student Representative to the Southwest Missouri State University Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, Vicki Schmitt, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Kwanza W. Humphrey, 702 Olive, Apartment A, Kansas City, Jackson County, Missouri 64124, as the Student Representative to the Missouri Western State College Board of Regents, for a term ending January 1, 1998, and until his successor is duly appointed and qualified; vice, Micky Mayes, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Christie L. Johnson, 400 Pine, Cooter, Pemiscot County, Missouri 63839, as the Student Representative to the Southeast Missouri State University Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, Jennifer Bertrand, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     M. Elizabeth Kingsley, Ph.D., 14 Mohave Drive, Lake Winnebago, Cass County, Missouri 64034, as a member of the State Committee of Marital and Family Therapists, for a term ending January 26, 2001, 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 26, 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:

     Troy L. Nash, Democrat, 3240 Jackson Avenue, Kansas City, Jackson County, Missouri 64128, as the Student Representative to the University of Missouri Board of Curators, for a term ending January 1, 1998, and until his successor is duly appointed and qualified; vice, Gayatri Bhatt, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     Suzanne P. Nichols, 1418 Springdale Terrace, Jefferson City, Cole County, Missouri 65101, as the public member of the State Committee of Marital and Family Therapists, for a term ending January 26, 1999, 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 26, 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:

     Marisa B. Sanchez, 3301 Karnes, Kansas City, Jackson County, Missouri 64111, as the Student Representative to the Northwest Missouri State University Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, Monica Nauss, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 26, 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:

     John R. Small, Ph.D., 5483 S. Bethel Church Road, Columbia, Boone County, Missouri 65203, as a member of the State Committee of Marital and Family Therapists, for a term ending January 26, 1999, and until his 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 26, 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:

     Richard J. Washington, 9233 Wyandotte, Kansas City, Jackson County, Missouri 64114, as the Student Representative to the Lincoln University Board of Curators, for a term ending January 1, 1997, and until his successor is duly appointed and qualified; vice, vacancy.

Respectfully submitted,

MEL CARNAHAN

Governor

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

INTRODUCTIONS OF GUESTS

     Senator Kenney introduced to the Senate, the Physician of the Day, Dr. Kate Rathbun, and her husband, Ed Richards, Lee's Summit.

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