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Journal of the Senate FIRST REGULAR SESSION NINETEENTH DAY—TUESDAY, FEBRUARY 10, 2015 The Senate met pursuant to adjournment. President Kinder in the Chair. Reverend Carl Gauck offered the following prayer: “...and what does the Lord require of you, but to do justice, and to love kindness and to walk humbly with your God?” (Micah 6:8b) Almighty God, You have given us Your word so we might know what You require of us this day. May Micah’s words stay with us throughout the year, if not remembered daily in our meditation. May we truly do here those things that You require and may our daily walk be our witness of obedience to Your command. 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. The following Senators were present during the day’s proceedings: Present—Senators Brown Chappelle-Nadal Cunningham Curls Dempsey Dixon Emery Hegeman Holsman Keaveny Kehoe Kraus LeVota Libla Munzlinger Nasheed Onder Parson Pearce Richard Riddle Romine Sater Schaaf Schaefer Schatz Schmitt Schupp Sifton Silvey Wallingford Walsh Wasson Wieland—34 Absent—Senators—None Absent with leave—Senators—None Vacancies—None The Lieutenant Governor was present. 307 308 Journal of the Senate CONCURRENT RESOLUTIONS Senator Hegeman offered the following concurrent resolution: SENATE CONCURRENT RESOLUTION NO. 17 Whereas, sports participation has become part of American life ingrained into the consciousness of society; and Whereas, sports officials act as on-field judges for their respective sports and as neutral participants who have no stake in the outcome of the game; and Whereas, it is critical that there are a sufficient number of qualified sports officials to enforce the rules of the game and judge potential disputes between participants on the field; and Whereas, many sports officials volunteer their time or receive only minimal compensation and participate out of a sheer love of the game and to teach children who play the game the valuable lessons that are learned through participating in sports, including sportsmanship, teamwork, and complying with the rules of the game to achieve a common goal; and Whereas, sports officials deserve our collective respect and must have our collective assistance in creating a safe and secure environment for our children to play; and Whereas, increasingly, sports officials are subjected to verbal and even physical assault by disgruntled fans as well as certain coaches and players; and Whereas, although education continues to be important, recent trends point out the need for strong sanctions against those who engage in bad behavior at sporting events; and Whereas, young people observe both the good and bad behavior of their sports heroes, other athletes, coaches, and fans and often emulate that behavior in either a positive or negative manner; and Whereas, players, coaches and fans should be deterred from assaulting officials by local authorities handing out more severe penalties to ensure that the fans, especially young children, realize that it is not acceptable to attack an official; and Whereas, as a society, we must act on the belief that respect for authority is critical to living, working, and playing together in a civil society governed by the rule of law: Now Therefore Be It Resolved that the members of the Missouri Senate, Ninety-eighth General Assembly, First Regular Session, the House of Representatives concurring therein, hereby call on all school districts, little league programs, high school, college, and recreational programs, along with law enforcement and prosecutors, to do all they can to put an end to the increased threats and assaults on sports officials and to prosecute such criminal acts to the full extent of the law; and Be It Further Resolved that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Department of Elementary and Secondary Education, the Department of Higher Education, the Attorney General, and the Department of Public Safety. Senator Schupp offered the following concurrent resolution: SENATE CONCURRENT RESOLUTION NO. 18 Whereas, Falun Dafa, also known as Falun Gong, is a Chinese practice of gentle exercise and meditation based on the universal principles of truthfulness, compassion, and forbearance; and Whereas, this practice, which transcends all cultural, social, economic, and national boundaries, has helped millions of practitioners in over 70 countries create and improve personal well-being and become more productive members of society; and Whereas, in 1999 the government of the People's Republic of China outlawed the practice of Falun Dafa in that nation and created a campaign of persecution and terror against its peaceful adherents; and Whereas, independent investigations confirmed that the Chinese regime commits forced organ harvesting on Falun Dafa prisoners of conscience that results in their deaths; and Whereas, this persecution campaign against practitioners of Falun Dafa denies the basic human rights of freedom of belief, assembly and expression: Now Therefore Be It Resolved that the members of the Missouri Senate, Ninety-eighth General Assembly, First Regular Session, the House of Representatives concurring therein, hereby declare our support for the Falun Dafa movement and its followers and urge the United States government to demonstrate its support for freedom of expression to practice Falun Dafa; and Be It Further Resolved that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional delegation. Nineteenth Day—Tuesday, February 10, 2015 309 INTRODUCTION OF BILLS The following Bills were read the 1st time and ordered printed: SB 424–By Pearce. An Act to repeal section 160.031 as enacted by house bill no. 1689, ninety-seventh general assembly, second regular session, RSMo, and to enact in lieu thereof one new section relating to state funding for elementary and secondary education, with an emergency clause. SB 425–By Libla. An Act to repeal sections 211.183, 211.442, 211.444, and 453.040, RSMo, and to enact in lieu thereof five new sections relating to parental rights and adoption. SB 426–By Parson. An Act to repeal section 630.140, RSMo, and to enact in lieu thereof one new section relating to community mental health liaisons. SENATE BILLS FOR PERFECTION Senator Schmitt moved that SB 5, with SCS, be taken up for perfection, which motion prevailed. SCS for SB 5, entitled: SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 5 An Act to repeal section 302.341, RSMo, and to enact in lieu thereof one new section relating to the distribution of revenues from traffic violations, with an existing penalty provision. Was taken up. Senator Schmitt moved that SCS for SB 5 be adopted. Senator Schmitt offered SS for SCS for SB 5, entitled: SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 5 An Act to repeal section 302.341, RSMo, and to enact in lieu thereof one new section relating to the distribution of revenues from traffic violations, with an existing penalty provision. Senator Schmitt moved that SS for SCS for SB 5 be adopted. Senator Dixon assumed the Chair. Senator Chappelle-Nadal offered SA 1: SENATE AMENDMENT NO. 1 Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 5, Page 1, Section 302.341, Line 11 of said page, by inserting immediately after “funds,” the following: “funds expended by a political subdivision for technological assistance in collecting, storing, and disseminating criminal 310 Journal of the Senate history record information and facilitating criminal identification activities for the purpose of sharing criminal justice-related information among political subdivisions,”. Senator Chappelle-Nadal moved that the above amendment be adopted, which motion prevailed. Senator Schaaf offered SA 2: SENATE AMENDMENT NO. 2 Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 5, Page 1, In the Title, Lines 3-4, by striking “the distribution of revenues from traffic violations” and inserting in lieu thereof the following: “court costs”; and Further amend said bill, page 7, section 302.341, line 21, by inserting immediately after said line the following: “488.5320. 1. Sheriffs, county marshals or other officers shall be allowed a charge for their services rendered in criminal cases and in all proceedings for contempt or attachment, as required by law, the sum of seventy-five dollars for each felony case or contempt or attachment proceeding, ten dollars for each misdemeanor case, and six dollars for each infraction, including cases disposed of by a violations bureau established pursuant to law or supreme court rule. Such charges shall be charged and collected in the manner provided by sections 488.010 to 488.020 and shall be payable to the county treasury; except that, those charges from cases disposed of by a violations bureau shall be distributed as follows: one-half of the charges collected shall be forwarded and deposited to the credit of the MODEX fund established in subsection [6] 5 of this section for the operational cost of the Missouri data exchange (MODEX) system, and one-half of the charges collected shall be deposited to the credit of the inmate security fund, established in section 488.5026, of the county or municipal political subdivision from which the citation originated. If the county or municipal political subdivision has not established an inmate security fund, all of the funds shall be deposited in the MODEX fund. 2. [Notwithstanding subsection 1 of this section to the contrary, sheriffs, county marshals, or other officers in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants or in any city not within a county shall not be allowed a charge for their services rendered in cases disposed of by a violations bureau established pursuant to law or supreme court rule.