The Mornin' Mail is published every weekday except major holidays
Tuesday, August 17, 2010 Volume XIX, Number 40

did ya know?.

Did Ya Know?.. . Carthage Farmers Market every Wed. and Sat starting at 7 a.m.

today's laugh

A lady answers her front door to find a plumber standing there.

"I’m here to fix the leaky pipe."

"I didn’t call a plumber."

"Aren’t you Mrs. Snyder?"

"The Snyders moved out of this house over a year ago."

"How do you like that! They call you up and tell you it’s an emergency and then they move away!"


A man was speeding down the highway, feeling secure in a gaggle of cars all traveling at the same speed. However, as they passed a speed trap, he got nailed with an infrared speed detector.

The officer handed him the citation, received his signature and was about to walk away when the man asked, "Officer, I know I was speeding, but I don’t think it’s fair. There were plenty of other cars going just as fast, so why did I get the ticket?"

"Ever go fishing?" the policeman suddenly asked the man.

"Ummm, yeah... so," the startled man replied.

The officer grinned and added, "Ever catch ALL the fish?"


A Chronological Record of Events as they have Transpired in the City and County since our last Issue.

West Side Dining Hall Sold.

M. A. Latham sold his west-side dining hall under the Carthage National bank to Mrs. C. R. Driscoll and daughter. Mr. Latham will not remain in Carthage but is planning to join the other Carthage colonists at Carrington, North Dakota, in the near future. He wishes to express his thanks to patrons for past favors and to bespeak their good will for the new proprietors.

An Exciting Runaway.

Two young men from the country whose names could not be learned figured in an exciting runaway on West Limestone street near the Missouri Pacific depot yesterday afternoon. Their horse scared at a switch engine and dumped them into a ditch, buggy, horse, drivers and all. While they were extricating themselves the horse regained his feet, the buggy righted itself and the animal dashed off. The young men were uninjured.

  Today's Feature

2010 New Laws.

The Missouri General Assembly recently enacted new legislation affecting vehicle operation, gambling, and illegal drugs, and Governor Jay Nixon has signed the legislation into law. Some of the laws contained an emergency clause, which went into effect upon the signing; others will go into effect August 28, 2010. The Patrol wishes to make the public aware of these new laws or changes to increase public awareness and education.

HCS/SCS/SB 583 -- MODIFIES VARIOUS PROVISIONS OF LAW RELATING TO THE REGULATION OF INSURANCE NONRESIDENT FINANCIAL RESPONSIBILITY -- Under this act, a nonresident shall not operate a motor vehicle in Missouri unless the nonresident maintains financial responsibility which conforms to the requirements of the laws of the nonresident’s state of residence. A nonresident who fails to maintain financial responsibility is guilty of a Class C misdemeanor (Sections 303.025 and 303.040 RSMo.).

CCS/HCS/SCS/SB 754 -- MODIFIES PROVISIONS OF LAW RELATING TO CEMETERIES, THE LICENSING OF CERTAIN PROFESSIONS, DEATH CERTIFICATES, PUBLIC ASSISTANCE PROGRAMS, AND VARIOUS OTHER PROVISIONS --DISABLED LICENSE PLATES -- This act adds physician assistants to the list of other authorized health care practitioners that may furnish a physician’s statement to obtain disabled license plates or placards. (Section 301.142 RSMo.)

HCS/SB 940 – BINGO -- An abbreviated bingo license holder is allowed to conduct up to 15 bingo games annually, rather than four. The act requires all licensed organizations to pay annual license fee of $50. Current law had allowed certain organizations to pay an annual license fee of $10.

The Gaming Commission is authorized to set the aggregate retail value of all prizes and merchandise awarded in a single day, except awards by pull-tab cards and progressive bingo games. A bingo licensee cannot require a player to purchase more than a standard pack of bingo cards in order to participate in a game. The act authorizes a licensee to conduct bingo games two days per week, rather than one day per week.

The act increases the amount that may be expended on advertising from 2% to 10% of the total amount expended from bingo receipts. The act removes a provision of law that prohibited a licensee from referencing the aggregate value of bingo prizes in an advertisement. Currently, no bingo games can be operated between midnight and 10 a.m. This act provides that no bingo game can be operated between 1 a.m. and 7 a.m.

Games are permitted to be conducted by electronic bingo card monitoring devices that are approved by the commission.

Every bingo licensee that conducts games on more than three occasions in any calendar year shall submit quarterly, rather than annual reports to the gaming commission.

The act requires each licensee to keep a complete record of bingo games conducted in the previous two, rather than three years, except for records stipulated as one-year retention by regulation.

Applicants for suppliers’ licenses and manufacturers’ licenses are required to pay for the cost of a criminal history investigation. This act would also increase the maximum amount the commission can charge for a manufacturer’s license from $1,000 to $5,000 and would increase the possible charge for an annual renewal fee from $500 to $1,000.

SS/SB 984 – GAMING -- Under current law, it is a Class B misdemeanor for any gaming licensee to exchange tokens, chips, or other forms of credit used on gambling games for anything of value other than as a wager on gambling games or an exchange of money. This act would allow gaming licensees to exchange tokens, chips, or other forms of credit used on gambling games for wagers on gambling games, an exchange of money, and for payment for food or beverages on excursion gambling boats. It will be a Class B misdemeanor for a gaming licensee that exchanges tokens, chips, or other forms of credit used on gambling games for anything of value other than as a wager on gambling games, an exchange of money, or for payment for food or beverages on excursion gambling boats.

HCS#2 HB 1472 – CONTROLLED SUBSTANCES -- This bill changes the laws regarding the designation of controlled substances. In its main provisions, the bill:\

(1) Adds the following to the list of Schedule I:

(a) 1-pentyl-3-(1-naphthoyl) indole, commonly known as K2;

(b) Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo

[c] chromen-1-ol, commonly known as HU211;

(c) 5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine, its isomers, salts, and salts of isomers;

(d) Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol), where side chain n=5, and homologues where side chain n-4,6, or 7; and,

(e) 1-butyl-3-(1-naphthoyl) indole.

(2) Adds the following to the list of Schedule II:

(a) Any material, compound, mixture, or preparation which contains any quantity of amyl nitrite or butyl nitrate; and,

(b) Tapentadol.

(3) Adds the following to the list of Schedule III:

(a) Boldione;

(b) Dexoxymethyltestosterone; and\

(c) 19-nor-4,9 (10)-androstadienedione.

(4) Adds Fospropofol to the list of Schedule IV.

(5) Adds the following to the list of Schedule V:

(a) Lacosamide and

(b) Pregabalin.

(6) Specifies that any person who possesses a controlled substance of more

than 35 grams of Dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen- 1-ol, Indole, or 1-butyl-3-(1-naphthoyl) indole, Indole, or 1-pentyl-3-(1-naphthoyl) indole, and Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7 will be guilty of a class C felony, and any person possessing less than 35 grams of any one of these substances will be guilty of a Class A misdemeanor.

HCS HB 1540 – INFRACTIONS -- This bill increases the penalty for certain traffic violations from an infraction to a Class C misdemeanor. Any person operating a commercial vehicle in violation of Section 307.400 RSMo., will be guilty of a Class B misdemeanor.

Beginning January 1, 2012, the bill requires the judicial procedure for an infraction to be the same as for a misdemeanor. If a defendant fails to appear in court solely for an infraction or for an infraction committed in the same course of conduct as a criminal offense or fails to respond to a notice of an infraction from the Central Violations Bureau, the court may issue a default judgment for court costs and fines for the infraction unless the court determines that good cause or excusable neglect exists for the defendant’s failure to appear. A court may issue a warrant for failure to appear for any violation which is classified as an infraction.

The bill repeals and re-enacts provisions requiring a person to obey any signals or directions given by a law enforcement officer while traveling on a road when the officer is enforcing any infraction. Any person who refuses to obey any signal or direction or who willfully resists a law enforcement officer who is in the course of enforcing any infraction will be guilty of a Class A misdemeanor.

The bill contains an emergency clause for the provisions regarding judicial procedures for infractions and obeying signals or directions of a law enforcement officer while traveling on a road. These provisions went into effect on February 25, 2010.


This bill changes the laws regarding intoxication-related traffic offenses.

In its main provisions, the bill:

(1) Specifies that a DWI court may grant limited driving privileges to an individual who would otherwise be ineligible for the privilege. However, the DWI docket or court cannot grant a limited driving privilege to a person during his or her initial 45 days of participation (Section 302.309 RSMo.);

(2) Removes the requirement that no chemical test will be given when a holder of a commercial driver’s license refuses to submit to a chemical test at the request of law enforcement (Section 302.750 RSMo.);

(3) Allows any circuit court or the county municipal court of Jackson County to establish a DWI docket to provide an alternative for the disposition of a driving while intoxicated or driving with excessive blood alcohol content case when the person operating a motor vehicle has a blood alcohol content (BAC) of at least .15, the person has pled guilty to or has been found guilty of one or more intoxication-related traffic offense, or the person has two or more previous alcohol-related enforcement contacts.

The court may assess any and all necessary costs for participation in a DWI court against the participant and all moneys received by the court will not be considered court costs, charges, or fines. A DWI court may operate in conjunction with a drug court, and a drug court commissioner may preside over a DWI court (Sections 478.001 and 478.007 RSMo.);

(4) Specifies that any offense involving the operation of a vehicle in an intoxicated condition will not be cognizable in municipal court if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses or has had two or more previous alcohol-related enforcement contacts (Section 479.170 RSMo.);

(5) Specifies that an application or execution of a search warrant cannot be deemed invalid solely because it relied upon an electronic signature of either a law enforcement officer, prosecutor, or judge (Section 542.276 RSMo.);

(6) Requires each law enforcement agency, county prosecuting attorney, and municipal prosecutor to adopt a policy to report the arrest information for all intoxication-related traffic offenses to the Missouri State Highway Patrol’s central repository and to certify the adoption of the policy when applying for any grants administered by the Department of Public Safety.

Beginning January 1, 2011, the Highway Patrol must maintain regular accountability reports of alcohol-related arrests, charges, and dispositions based on the data submitted (Section 577.005 RSMo.);

(7) Requires the course of instruction that all municipal judges must complete to include a review of state laws regarding intoxication-related offenses, jurisdictional issues related to those offenses, reporting requirements for courts, and the required assessment for offenders under the Substance Abuse Traffic Offender Program (SATOP); requires each municipal judge to adopt a written policy requiring court personnel to timely report all dispositions of all charges for intoxication-related traffic offenses to the central repository and to provide a copy of the policy to the Office of State Courts Administrator and the Highway Patrol; and requires each municipal division of every circuit court to prepare a report every six months that includes the total number and disposition of every intoxication-related offense adjudicated, dismissed, or pending in its division and submit the report to the circuit court en banc for review and recommendations (Section 577.006 RSMo.);

(8) Specifies that no person who operated a motor vehicle with a BAC of .15 or more will be granted a suspended imposition of sentence and specifies that for a first offense, unless a person participates and successfully completes the requirements of a DWI court of docket, a person who operated a motor vehicle with a BAC of between .15 and .20 will be imprisoned for at least 48 hours and a person who operated a motor vehicle with a BAC of .20 or more will be imprisoned for at least five days (Sections 577.010 and 577.012 RSMo.);

(9) Changes the minimum imprisonment from five days to 10 days for a prior offender and from 10 days to 30 days for a persistent offender to be eligible for parole or probation unless as a condition the person performs a specified amount of community services or participates in a program established under Section 478.007 RSMO. or other court-ordered treatment program. Courts may search the central repository, DWITS, or the certified driving records maintained by the Department of Revenue for prior intoxication-related traffic offenses (Sections 577.023 RSMo.);

(10) Removes the provision requiring an intoxication-related traffic offense arrest without a warrant to occur within 90 minutes of the alleged violation (Section 577.039 RSMo.);

(11) Removes the requirement that no test can be given when a person arrested or stopped for an alleged DWI refuses to submit to a chemical test at the request of a law enforcement officer (Section 577.041 RSMO.); and

(12) Specifies that after 10 years a court will enter an order of expungement if it determines that a person with a first alcohol-related driving offense has not been convicted of any subsequent alcohol-related driving offense, has no other subsequent alcohol-related enforcement contact, and has no other alcohol-related driving charge or enforcement action pending at the time of the hearing (Section 577.054 RSMo.).

CCS SCS HB 1868 – STATE GOVERNMENT ENTITIES -- Allows the superintendent of the Highway Patrol to appoint up to one additional major, nine new captains, eight lieutenants, and 99 patrolmen and officers by raising the current limits (Sections 43.040 and 43.050 RSMo.);

Transfers, effective January 1, 2011, the powers and duties of the Missouri State Water Patrol to the newly established Division of Water Patrol within the Missouri State Highway Patrol. The superintendent of the Highway Patrol will appoint a director of the new division and may transfer employees to the new division. The county sheriff must participate in search warrants served by the division except for the investigation of boating while intoxicated and the investigation of vessel accidents. The bill allows members of the Water Patrol joining the new division to choose the Missouri State Employees’ Retirement System or the Department of Transportation and Highway Patrol Employees’ Retirement System.

HCS HB 2081 – USE OF FORCE IN DEFENSE OF AN UNBORN CHILD -- This bill specifies that a pregnant woman may use deadly force upon another person if she reasonably believes that deadly force is necessary to protect her unborn child against death, serious physical injury, or any forcible felony.

Just Jake Talkin'

Like most, I’m just a little tired of all the calls wantin’ me ta change long distance telephone service. Doesn’t seem ta matter what time a day, them calls keep comin’.

Well, I got the topper the other day. The call came in with a different twist. They were sellin’ a service that was supposed ta put an end to harassin’ phone calls.

Now I suppose the best way for someone ta find out who gets upset with irritatin’ calls is to call and irritate someone. The person on the other end of the line seemed real upset that there wasn’t any interest in the service at this location.

We have, over the years, tried to come up with polite ways to get these callers off our line. Recently, the most effective response was initiated. Ya hang up. It ain’t too polite, but they seem ta get the message.

This is some fact, but mostly,

Just Jake Talkin’.

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Weekly Columns

To Your Good Health

By Paul G. Donohue, M.D.

Ear Infection Can Cause Dizziness

DEAR DR. DONOHUE: I got a sudden attack of dizziness that landed me in bed. I couldn’t stand. Finally, with the help of my husband, I got to the doctor, who said I had a viral infection called vestibular neuritis. I am taking medicine and am somewhat better, but the dizziness isn’t completely gone. Will it go? When? -- L.T.

ANSWER: I have to warn readers that the causes of dizziness are diverse, and vestibular neuritis, while common, is only one of many causes. The vestibule of the inner ear has three fluid-filled canals that work like a carpenter’s level, that gadget whose center contains a fluid-containing tube with a bubble in it. The balance tells the carpenter if a piece of wood is aligned. The inner ear canals tell people if they are aligned. They send signals to the brain that keep us balanced. A viral infection of those canals or of the nerve that sends signals to the brain makes people feel like they’ve been put in the spin cycle of a washer.

Not only are affected people dizzy, they become nauseated and often throw up.

Symptoms of vestibular neuritis lessen in two to three days, but full recovery can take up to six or more weeks.

A cortisone drug taken within the first three days of illness can ease symptoms. And medicines like promethazine relieve dizziness and nausea, but they make some people so drowsy that they prefer the dizziness.

DEAR DR. DONOHUE: My 17-year-old son is a baseball pitcher. Last week he came home with his pitching arm greatly swollen. I was alarmed, and I told my husband we needed to take the boy to the emergency room. My husband thought I was overreacting, but I insisted. I am glad I did. He had a blood clot in a vein that caused the swelling. They treated him with medicine to dissolve the clot and put him on a blood thinner. Will he ever pitch again? -- R.C.

ANSWER: I’m sure the ER doctors checked your son for things that make a person prone to form clots. He must not have had any of those conditions. He had an "effort-induced" clot, a clot caused by repetitive physical exertion. Now that the clot has been dissolved, you son should be able to resume pitching after the rest period prescribed by his doctor.

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