Journal of the Senate

SECOND REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 8, 2004


The Senate met pursuant to adjournment.

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:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
Absent with leave--Senators
Dolan Dougherty--2


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

______



THIRD DAY-MONDAY, JANUARY 12, 2004

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 702-Russell

SB 708-Mathewson

SB 711-Goode

SB 716-Childers

SB 729-Steelman

SB 746-Dougherty, et al

SB 751-Coleman

SB 753-Coleman

SB 774-Wheeler

SB 787-Childers

SB 788-Childers

SB 790-Yeckel

SB 801-Gross

SB 803-Gross

SB 804-Foster

SB 805-Loudon

SB 806-Loudon

SB 807-Loudon

SB 808-Klindt

SB 809-Klindt

SB 810-Klindt

SB 811-Cauthorn

SB 812-Cauthorn

SB 813-Cauthorn

SB 814-Dougherty, et al

SB 815-Dougherty and Kennedy

SB 816-Dougherty, et al

SB 817-Kennedy and Griesheimer

SB 818-Coleman

SB 819-Coleman

SB 820-Coleman

SB 821-Shields

SB 822-Shields and Yeckel

SB 823-Shields

SB 824-Griesheimer

SB 825-Griesheimer

SB 826-Bartle

SB 827-Bartle

SB 828-Bartle

SB 829-Bray

SB 830-Bray

SB 831-Bray

SB 832-Wheeler

SB 833-Russell

SB 834-Russell

SB 835-Caskey

SB 836-Caskey

SB 837-Caskey

SB 838-Goode, et al

SB 839-Goode

SB 840-Goode

SB 841-Childers

SB 842-Childers

SB 843-Childers

SB 844-Yeckel

SB 845-Yeckel

SB 846-Yeckel

SB 847-Bland

SB 848-Bland

SB 849-Bland

SB 850-Steelman

SB 851-Gross

SB 852-Gross

SB 853-Gross

SB 854-Loudon

SB 855-Loudon

SB 856-Loudon

SB 857-Klindt

SB 858-Klindt

SB 859-Klindt

SB 860-Cauthorn

SB 861-Cauthorn

SB 862-Cauthorn

SB 863-Dougherty

SB 864-Dougherty

SB 865-Dougherty and Kennedy

SB 866-Coleman

SB 867-Coleman

SB 868-Shields

SB 869-Shields

SB 870-Bartle

SB 871-Bray

SB 872-Bray

SB 873-Bray

SB 874-Caskey

SB 875-Caskey and Childers

SB 876-Goode

SB 877-Goode and Days

SB 878-Goode, et al

SB 879-Bland

SB 880-Bland

SB 881-Bland

SB 882-Klindt

SB 883-Klindt

SB 884-Klindt

SB 885-Cauthorn

SB 886-Cauthorn and Klindt

SB 887-Goode

SB 888-Goode

SB 889-Goode

SB 890-Bland

SB 891-Bland

SB 892-Bland

SB 893-Goode

SB 894-Goode

SB 895-Goode

SB 896-Bland

SB 897-Bland

SB 898-Bland

SB 899-Goode

SB 900-Goode

SB 901-Goode

SB 902-Bland

SB 903-Bland

SB 904-Gross and Nodler

SB 905-Foster

SB 906-Foster

SB 907-Klindt

SB 908-Cauthorn

SB 909-Bartle

SB 910-Bland

SB 911-Bland

SB 912-Dougherty and Days

SB 913-Dougherty and Bray

SB 914-Dougherty and Russell

SB 915-Dougherty, et al

SB 916-Dougherty

SB 917-Dougherty and Bray

SB 918-Dougherty, et al

SB 919-Gibbons and Stoll

SB 920-Caskey

SB 921-Caskey

SB 922-Coleman

SB 923-Goode

SB 924-Bland

SB 925-Bland

SB 926-Loudon

SB 927-Loudon

SB 928-Loudon

SB 929-Wheeler

SB 930-Loudon

SB 931-Loudon

SB 932-Loudon

SB 933-Yeckel, et al

SB 934-Bland

SB 935-Gibbons

SB 937-Gross

SB 938-Gross

SB 939-Coleman

SB 940-Coleman

SB 941-Coleman

SB 942-Nodler

SB 943-Goode and Gross

SB 944-Goode

SB 945-Gibbons

SB 946-Bray, et al

SB 947-Russell

SB 948-Steelman

SB 949-Steelman

SB 950-Griesheimer

SB 951-Griesheimer

SB 952-Wheeler

SB 953-Caskey

SB 954-Foster

SB 955-Scott

SB 956-Scott

SB 957-Scott

SB 958-Scott

SB 959-Childers

SB 960-Gibbons

SB 961-Champion

SB 962-Clemens

SB 963-Shields

SB 964-Shields

SB 965-Shields

SB 966-Shields

SB 967-Shields

SB 968-Shields

SB 969-Shields

SB 970-Childers

SB 971-Stoll

SB 972-Stoll

SB 973-Stoll

SB 974-Dougherty

SB 975-Dougherty

SB 976-Stoll

SB 977-Stoll

SB 978-Stoll

SB 979-Stoll

SB 980-Bartle

SB 981-Vogel

SB 982-Coleman

SB 983-Quick

SB 984-Foster

SB 985-Foster

SB 986-Cauthorn

SB 987-Quick

SB 988-Steelman

SB 989-Gross, et al

SB 990-Loudon

SB 991-Dougherty

SB 992-Cauthorn

SB 993-Cauthorn

SB 994-Coleman

SB 995-Coleman

SB 996-Shields

SB 997-Shields

SB 998-Shields

SB 999-Griesheimer

SB 1000-Bartle

SB 1001-Wheeler

SB 1002-Bray

SB 1003-Gibbons, et al

SB 1004-Shields

SB 1005-Shields and Stoll

SB 1006-Goode, et al

SB 1007-Goode and

Mathewson

SB 1008-Goode

SB 1009-Griesheimer

SB 1010-Dougherty, et al

SB 1011-Dougherty

SB 1012-Caskey

SB 1013-Stoll

SB 1014-Yeckel

SB 1015-Kennedy

SB 1016-Champion

SB 1017-Champion

SB 1018-Champion

SB 1019-Steelman

SB 1020-Steelman and Kinder

SB 1021-Steelman

SB 1022-Gross

SB 1023-Griesheimer

SB 1024-Stoll

SB 1025-Griesheimer and Steelman

SJR 24-Caskey

SJR 25-Yeckel

SJR 26-Yeckel

SJR 27-Jacob

SJR 28-Jacob

SJR 29-Steelman, et al

SJR 30-Gross

SJR 31-Loudon

SJR 32-Cauthorn

SJR 33-Coleman

SJR 34-Bartle

SJR 35-Bland

SJR 36-Foster

SJR 37-Scott

SJR 38-Scott

SJR 39-Foster

SJR 40-Stoll



RESOLUTIONS



HCR 1-Crowell (Gibbons)

HCR 2-Crowell (Gibbons)

HCR 3-Crowell (Gibbons)



To be Referred



SCR 25-Stoll, et al