Journal of the Senate

FIRST REGULAR SESSION

EIGHTEENTH DAY--MONDAY, FEBRUARY 10, 2003

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Curiosity is one of the permanent and certain characteristics of a vigorous mind." (Samuel Johnson, 1751)

Gracious God, we thank You for Your intricate and fascinating creation that allows us to explore new ways of doing things as we grow in our understanding of our world and the economics and physics that control it. Bless us this week to seek new ways that benefit Your people and the creative process that is before us. In Your Holy 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, February 6, 2003, was read and approved.

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

RESOLUTIONS

Senator Gibbons offered Senate Resolution No. 154, regarding Dave White, Kirkwood, which was adopted.

Senator Vogel offered Senate Resolution No. 155, regarding Vernon Gage, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 156, regarding Dennis Dale Maxwell, Ph.D., Jefferson City, which was adopted.

INTRODUCTION OF BILLS

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

SB 457-By Caskey.

An Act to repeal section 476.340, RSMo, and to enact in lieu thereof one new section relating to Executive Council of the Judicial Conference of the state of Missouri.

SB 458-By Childers.

An Act to repeal section 320.093, RSMo, and to enact in lieu thereof one new section relating to the dry hydrant tax credit.

SB 459-By Loudon.

An Act to repeal section 354.603, RSMo, and to enact in lieu thereof one new section relating to sufficiency of health insurance networks.

SB 460-By Loudon.

An Act to repeal section 376.995, RSMo, and to enact in lieu thereof seven new sections relating to mandated benefits for health insurance.

SB 461-By Bray.

An Act to repeal sections 168.114, 168.116, 168.118, and 168.120, RSMo, and to enact in lieu thereof four new sections relating to teachers of the public schools.

SB 462-By Gross.

An Act to amend chapter 103, RSMo, by adding thereto one new section relating to medical coverage for certain state employee retirees, with an emergency clause.

SB 463-By Gross.

An Act to repeal section 355.331 as enacted by house substitute for senate bill no. 768, eighty-eighth general assembly, second regular session, and to enact in lieu thereof one new section for the sole purpose of reenacting section 355.331 as enacted by house substitute for senate bill no. 768, eighty-eighth general assembly, second regular session which was held unconstitutional by the Missouri Supreme Court.

SB 464-By Gibbons.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to subro-gation rights of public entities.

SB 465-By Bartle.

An Act to repeal section 477.600, RSMo, and to enact in lieu thereof one new section relating to annual reports of the judicial finance commission.

SB 466-By Bartle.

An Act to repeal sections 57.290, 67.133, and 488.5320, RSMo, and to enact in lieu thereof two new sections relating to charges in criminal cases.

SB 467-By Bartle.

An Act to repeal section 488.5339, RSMo, and to enact in lieu thereof one new section relating to a surcharge to fund the crime victims' compensation fund.

SB 468-By Bartle.

An Act to repeal section 577.051, RSMo, and to enact in lieu thereof one new section relating to the forwarding of case dispositions to the Missouri state highway patrol, with penalty provisions.

SB 469-By Bartle.

An Act to repeal section 535.030, RSMo, and to enact in lieu thereof one new section relating to service of summons in landlord-tenant actions.

SB 470-By Bartle.

An Act to repeal sections 511.350, 511.510, 517.141, and 517.151, RSMo, and to enact in lieu thereof two new sections relating to liens on real estate.

SB 471-By Bartle.

An Act to repeal section 454.505, RSMo, and to enact in lieu thereof one new section relating to filing of garnishment orders.

CONCURRENT RESOLUTIONS

Senator Stoll offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 6

WHEREAS, the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) of the federal Social Security Act penalize people who have dedicated their lives to public service by taking away benefits they have earned; and

WHEREAS, nine out of ten public employees affected by the GPO lose their entire spousal benefit, even though their spouse paid Social Security taxes for many years; and

WHEREAS, the WEP causes hard-working people to lose up to sixty percent of the benefits they earned themselves; and

WHEREAS, many workers rely on misleading Social Security Administration statements that fail to take into account the GPO and WEP when projecting benefits; and

WHEREAS, the impact of the GPO and WEP is not just felt in those states in which public employees, including educators, are not covered by Social Security, because people move from state to state and affected individuals are everywhere; and

WHEREAS, the GPO and WEP apply to all vested members of the Public School Retirement System of Missouri; and

WHEREAS, the number of people affected across the country is growing every day as more and more people reach retirement age; and

WHEREAS, some 300,000 individuals lose an average of $3,600 a year due to the GPO; and

WHEREAS, this amount can make the difference between self-sufficiency and poverty; and

WHEREAS, these people have less money to spend in their local economy and sometimes have to turn to expensive government programs like food stamps to make ends meet; and

WHEREAS, during a national teacher shortage, the GPO and WEP discourage people from entering and staying in the teaching profession, since doing so will mean a loss of earned Social Security benefits; and

WHEREAS, the GPO and WEP are also causing current educators to leave the profession and students to choose courses of study other than education; and

WHEREAS, non-Social Security states are finding it increasingly difficult to attract quality educators as more people learn about the GPO and WEP; and

WHEREAS, the nation should respect, not penalize, public service; and

WHEREAS, the GPO and WEP are established in federal law and repeal of the GPO and WEP can only be enacted by the United States Congress:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the Congress of the United States to immediately repeal the Government Pension Offset and Windfall Elimination Provision of the Social Security Act; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives and the members of the Missouri Congressional delegation.

Senator Gibbons announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

REPORTS OF STANDING COMMITTEES

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SB 143, 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 Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following reports:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 14, 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 Economic Development, Tourism and Local Government, to which was referred SB 47, 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 Economic Development, Tourism and Local Government, to which was referred SB 62, 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 Economic Development, Tourism and Local Government, to which was referred SB 68, 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 Economic Development, Tourism and Local Government, to which was referred SB 101, 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 Economic Development, Tourism and Local Government, to which was referred SB 121, 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 Economic Development, Tourism and Local Government, to which was referred SB 130, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 173, 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 Economic Development, Tourism and Local Government, to which was referred SB 224, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 228, 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 Economic Development, Tourism and Local Government, to which was referred SB 232, 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 Economic Development, Tourism and Local Government, to which was referred SB 235, 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 Economic Development, Tourism and Local Government, to which was referred SB 275, 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 Economic Development, Tourism and Local Government, to which was referred SB 281, 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 Economic Development, Tourism and Local Government, to which was referred SB 282, 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 Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which were referred SB 194 and SB 189, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Foster, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 215, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Steelman, Chairman of the Committee on Commerce and the Environment, submitted the following report:

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 255, 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 Senate Bill No. 255, Page 1, Section 393.110, Line 16, by inserting at the end of said line the following: "Nothing in this section shall be construed as amending or superseding the commission's authority granted pursuant to subsection 1 of section 386.310, RSMo, section 386.800, RSMo, section 393.106, and section 394.312, RSMo.".

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

Mr. President: Your Committee on Ways and Means, to which was referred SB 52, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 266, 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, Mental and Public Health, to which was referred SB 75, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 246, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 246, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 246

An Act to repeal sections 386.050, 386.120, and 386.210, RSMo, and to enact in lieu thereof four new sections relating to the public service commission.

Was taken up.

Senator Steelman moved that SCS for SB 246 be adopted.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 246, Section 386.050, Pages 1-2, Lines 14-19, by deleting all of said lines and by inserting in lieu thereof the following:

"2. No member of the commission shall establish or maintain a committee that is regulated by the campaign finance disclosure law in chapter 130, RSMo, except those members who were members and had established such a campaign committee prior to the effective date of this subsection. No member of the commission who established and maintained such a campaign committee prior to the effective date of this subsection shall allow contributions or deposits to be made into such campaign committee nor expenditures to be made by or on behalf of such campaign committee during the time period that such person is a member of the commission. Nothing in this subsection shall be construed to limit or prohibit the activities of members of the commission, or the activities of such regulated campaign committees, which activities occurred prior to the effective date of this subsection.".

Senator Goode moved that the above amendment be adopted.

Senator Shields assumed the Chair.

At the request of Senator Steelman, SB 246, with SCS and SA 1 (pending), was placed on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 390--Pensions and General Laws.

SB 391--Aging, Families, Mental and Public Health.

SB 392--Commerce and the Environment.

SB 393--Aging, Families, Mental and Public Health.

SB 394--Judiciary and Civil and Criminal Jurisprudence.

SB 395--Judiciary and Civil and Criminal Jurisprudence.

SB 396--Ways and Means.

SB 397--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 399--Judiciary and Civil and Criminal Jurisprudence.

SB 401--Judiciary and Civil and Criminal Jurisprudence.

SB 402--Transportation.

SB 403--Transportation.

SB 404--Judiciary and Civil and Criminal Jurisprudence.

SB 405--Agriculture, Conservation, Parks and Natural Resources.

SB 406--Small Business, Insurance and Industrial Relations.

SB 407--Small Business, Insurance and Industrial Relations.

SB 408--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 409--Judiciary and Civil and Criminal Jurisprudence.

SB 410--Aging, Families, Mental and Public Health.

SB 411--Pensions and General Laws.

SB 412--Ways and Means.

SB 414--Pensions and General Laws.

SB 415--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 416--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 417--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 418--Judiciary and Civil and Criminal Jurisprudence.

SB 419--Transportation.

SB 420--Pensions and General Laws.

SB 421--Economic Development, Tourism and Local Government.

SB 422--Education.

SB 423--Transportation.

SB 424--Aging, Families, Mental and Public Health.

SB 425--Aging, Families, Mental and Public Health.

SB 426--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 427--Judiciary and Civil and Criminal Jurisprudence.

SB 428--Education.

SB 429--Financial and Governmental Origanization, Veterans' Affairs and Elections.

SB 430--Aging, Families, Mental and Public Health.

SB 431--Aging, Families, Mental and Public Health.

SB 436--Pensions and General Laws.

SJR 9--Financial and Governmental Organization, Veterans' Affairs and Elections.

SJR 10--Financial and Governmental Organization, Veterans' Affairs and Elections.

SJR 13--Financial and Governmental Organization, Veterans' Affairs and Elections.

REFERRALS

President Pro Tem Kinder referred SB 15 to the Committee on Governmental Accountability and Fiscal Oversight.

President Pro Tem Kinder referred SCR 5 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

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

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Daniel J. Abbott, 10125 Zenith Lovet St., St. Louis, St. Louis County, Missouri 63123, as a member of the Board of Boiler and Pressure Vessel Rules, for a term ending September 28, 2006, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Linda R. Bohrer, 423 Van Horn Road, Holts Summit, Callaway County, Missouri 65043, as a member of the Missouri Head Injury Advisory Council, for a term ending December 12, 2004, and until her successor is duly appointed and qualified; vice, Jim Casey, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Lethrone Johnson, 12 Kingsbury Place, St. Louis City, Missouri 63112, as a member of the Missouri Seed Capital Investment Board, for a term ending April 20, 2004, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Michael Leo Kehoe, Republican, 1618 Paddlewheel Circle, Jefferson City, Cole County, Missouri 65109, as a member of the Linn State Technical College Board of Regents, for a term ending December 29, 2007, and until his successor is duly appointed and qualified; vice, John Thorne, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Thomas J. Mathis III, 1235 County Road 411, Poplar Bluff, Butler County, Missouri 63901, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects, for a term ending September 28, 2006, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 7, 2003

TO THE SENATE OF THE 92nd 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:

Rolla Jay Plattner, Republican, Route 2, Box 109, Grand Pass, Saline County, Missouri 65339, as a member of the Missouri Agriculture and Small Business Development Authority, for a term ending June 30, 2006, and until his successor is duly appointed and qualified; vice, Nellie Clemens, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REPORTS OF STANDING COMMITTEES

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 63, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTIONS OF GUESTS

Senator Bartle introduced to the Senate, Steve and Tracy Simmons, their children, Taylor and Sierra; and Elena Astraityte, Lee's Summit.

Senator Yeckel introduced to the Senate, Thomas M. Sullivan, Washington, D.C.

On behalf of Senator Childers and herself, Senator Yeckel introduced to the Senate, Scott George, Mt. Vernon.

Senator Steelman introduced to the Senate, Cheryl Carrier, and her daughters, Chelsea and Lindsay; and Cheryl Brown and Vicki McCutcheon, Columbia.

Senator Griesheimer introduced to the Senate, Chris, Charles, and Marge Manhart, Union.

Senator Kennedy introduced to the Senate, Cynthia and Jessica Chase, Viburnum; and Viet Huynh, Vietnam.

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

SENATE CALENDAR

______

NINETEENTH DAY-TUESDAY, FEBRUARY 11, 2003

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/10

RESOLUTIONS

To be Referred

SCR 6-Stoll

Reported from Committee

SR 30-Shields, with SCS