Journal of the Senate

SECOND REGULAR SESSION

SECOND DAY--THURSDAY, JANUARY 8, 2004

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Those of steadfast mind you keep in peace - in peace because they trust you." (Isaiah 26:3)

Lord God, we know that those who have experienced Your love have learned to trust in You. Help us all to have such trust that we may know Your peace through these days of challenge and change, for Lord, we know, we will need it. 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 of the previous day was read and approved.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Gross offered Senate Resolution No. 1078, regarding Marcella W. Boerding, St. Charles, which was adopted.

Senator Coleman offered Senate Resolution No. 1079, regarding the Ninetieth Birthday of Vesta Pruitt, Saint Louis, which was adopted.

Senator Gibbons offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1080

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to have placed in the Post Office of the Senate, or delivered each day to such other address as may be designated, Missouri newspapers for each Senator and each elected officer of the Senate, such papers to be designated by the Senator or officer, and the expenses of same to be paid out of the contingent fund of the Senate.

INTRODUCTION OF BILLS

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

SB 1015-By Kennedy.

An Act to amend chapters 488 and 589, RSMo, by adding thereto two new sections relating to creation of the gang resistance education and training program and the show-me students with character initiative.

SB 1016-By Champion, Coleman and Steelman.

An Act to repeal sections 610.010, 610.020, 610.023, and 610.026, RSMo, and to enact in lieu thereof four new sections relating to electronic public meetings and records.

SB 1017-By Champion.

An Act to amend chapter 574, RSMo, by adding thereto one new section relating to obeying the lawful order of a law enforcement officer.

SB 1018-By Champion.

An Act to amend chapter 210, RSMo, by adding thereto one new section relating to children placed in the protective custody of the children's division.

SB 1019-By Steelman.

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to guardian ad litem fees.

SB 1020-By Steelman and Kinder.

An Act to repeal sections 610.010, 610.020, 610.021, 610.022, 610.026, 610.027, 610.029, 610.100, and 610.200, RSMo, and to enact in lieu thereof nine new sections relating to public records.

SB 1021-By Steelman.

An Act to repeal section 168.500, RSMo, and to enact in lieu thereof one new section relating to the career ladder placement of speech pathologists.

SB 1022-By Gross.

An Act to repeal section 660.520, RSMo, and to enact in lieu thereof one new section relating to child pornography.

SB 1023-By Griesheimer.

An Act to amend chapter 578, RSMo, by adding thereto one new section relating to the criminal use of audiovisual recording devices, with penalty provisions.

SB 1024-By Stoll.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to mechanical codes.

SB 1025-By Griesheimer and Steelman.

An Act to repeal section 392.200, RSMo, and to enact in lieu thereof one new section relating to telecommunications services.

CONCURRENT RESOLUTIONS

Senators Stoll, Nodler, Caskey and Scott offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 25

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, Second 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.

REFERRALS

President Pro Tem Kinder referred SCR 22, SCR 23 and SCR 24 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF SENATE BILLS

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

SB 700--Economic Development, Tourism and Local Government.

SB 701--Small Business, Insurance and Industrial Relations.

SB 703--Judiciary and Civil and Criminal Jurisprudence.

SB 704--Judiciary and Civil and Criminal Jurisprudence.

SB 705--Small Business, Insurance and Industrial Relations.

SB 706--Judiciary and Civil and Criminal Jurisprudence.

SB 707--Ways and Means.

SB 709--Ways and Means.

SB 710--Transportation.

SB 712--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 713--Judiciary and Civil and Criminal Jurisprudence.

SB 714--Pensions and General Laws.

SB 715--Economic Development, Tourism and Local Government.

SB 717--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 718--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 719--Small Business, Insurance and Industrial Relations.

SB 720--Ways and Means.

SB 721--Ways and Means.

SB 722--Small Business, Insurance and Industrial Relations.

SB 723--Education.

SB 724--Education.

SB 725--Judiciary and Civil and Criminal Jurisprudence.

SB 726--Judiciary and Civil and Criminal Jurisprudence.

SB 727--Judiciary and Civil and Criminal Jurisprudence.

SB 728--Ways and Means.

SB 730--Ways and Means.

SB 731--Transportation.

SB 732--Agriculture, Conservation, Parks and Natural Resources.

SB 733--Education.

SB 734--Small Business, Insurance and Industrial Relations.

SB 735--Agriculture, Conservation, Parks and Natural Resources.

SB 736--Small Business, Insurance and Industrial Relations.

SB 737--Small Business, Insurance and Industrial Relations.

SB 738--Judiciary and Civil and Criminal Jurisprudence.

SB 739--Agriculture, Conservation, Parks and Natural Resources.

SB 740--Agriculture, Conservation, Parks and Natural Resources.

SB 741--Agriculture, Conservation, Parks and Natural Resources.

SB 742--Small Business, Insurance and Industrial Relations.

SB 743--Small Business, Insurance and Industrial Relations.

SB 744--Transportation.

SB 745--Aging, Families, Mental and Public Health.

SB 747--Small Business, Insurance and Industrial Relations.

SB 748--Transportation.

SB 749--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 750--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 752--Judiciary and Civil and Criminal Jurisprudence.

SB 754--Ways and Means.

SB 755--Pensions and General Laws.

SB 756--Ways and Means.

SB 757--Transportation.

SB 758--Economic Development, Tourism and Local Government.

SB 759--Commerce and the Environment.

SB 760--Transportation.

SB 761--Pensions and General Laws.

SB 762--Aging, Families, Mental and Public Health.

SB 763--Aging, Families, Mental and Public Health.

SB 764--Education.

SB 765--Judiciary and Civil and Criminal Jurisprudence.

SB 766--Transportation.

SB 767--Transportation.

SB 768--Education.

SB 769--Economic Development, Tourism and Local Government.

SB 770--Transportation.

SB 771--Transportation.

SB 772--Transportation.

SB 773--Small Business, Insurance and Industrial Relations.

SB 775--Aging, Families, Mental and Public Health.

SB 776--Aging, Families, Mental and Public Health.

SB 777--Ways and Means.

SB 778--Ways and Means.

SB 779--Commerce and the Environment.

SB 780--Education.

SB 781--Judiciary and Civil and Criminal Jurisprudence.

SB 782--Economic Development, Tourism and Local Government.

SB 783--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 784--Economic Development, Tourism and Local Government.

SB 785--Agriculture, Conservation, Parks and Natural Resources.

SB 786--Commerce and the Environment.

SB 789--Economic Development, Tourism and Local Government.

SB 791--Ways and Means.

SB 792--Ways and Means.

SB 793--Judiciary and Civil and Criminal Jurisprudence.

SB 794--Ways and Means.

SB 795--Small Business, Insurance and Industrial Relations.

SB 796--Education.

SB 797--Ways and Means.

SB 798--Transportation.

SB 799--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 800--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 802--Judiciary and Civil and Criminal Jurisprudence.

COMMUNICATIONS

President Pro Tem Kinder submitted the following hearing schedule:

INTRODUCTIONS OF GUESTS

Senator Champion introduced to the Senate, Joshua Babb, Neosho.

Senator Clemens introduced to the Senate, Brad Risby, Springfield; and Gus Wagner, Villa Ridge.

Senator Yeckel introduced to the Senate, Jessica Jones, Kirksville.

Senator Caskey introduced to the Senate, Anjee Wilson, Holt's Summit.

On motion of Senator Gibbons, the Senate adjourned until 4:00 p.m., Monday, January 12, 2004.

SENATE CALENDAR

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THIRD DAY-MONDAY, JANUARY 12, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

RESOLUTIONS

To be Referred

SCR 25-Stoll, et al