Journal of the Senate

FIRST REGULAR SESSION

THIRTY-SECOND DAY—WEDNESDAY, MARCH 2, 2005

       The Senate met pursuant to adjournment.

       Senator Ridgeway in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “For you have not received the spirit of bondage, whereby we cry, Abba, Father.” (Romans 8:5) 

          Heavenly Father let us never be afraid to kneel before You and confess our need of Your help and forgiveness. In times of sorrow and hurts, troubles and heartaches and especially those times we have failed You, help us to remember that You are truly our Father and we are Your children. Let us with boldness and confidence ask as dear children to trust always in Your love and mercy and find grace in times of need. And may we love You with childlike affection all the days of our lives. 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.

       Senator Shields announced that photographers from Triumph Documentaries were given permission to take pictures in the Senate Chamber today.

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

       President Pro Tem Gibbons assumed the Chair.

RESOLUTIONS

       Senator Wheeler offered Senate Resolution No. 488, regarding the First Baptist Church, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 489, regarding the birth of Jacob Craig Wayne Frerking, Lee’s Summit, which was adopted.

       Senator Stouffer offered Senate Resolution No. 490, regarding the birth of Jordan Levi Kleiboeker, California, which was adopted.

       Senator Stouffer offered Senate Resolution No. 491, regarding the birth of Elizabeth Marie Ratliff, Lexington, which was adopted.

       Senator Stouffer offered Senate Resolution No. 492, regarding Justin Twenter, Pilot Grove, which was adopted.

       Senator Crowell offered Senate Resolution No. 493, regarding Kim Martin, Biehle, which was adopted.

REPORTS OF STANDING COMMITTEES

       Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SCS for SB 98, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SB 173; and SCS for SB 312, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

       The President Pro Tem announced that all other business would be suspended and SS for SCS for SB 98, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

BILLS DELIVERED TO THE GOVERNOR

       SS for SCS for SB 98, after having been duly signed by the Speaker of the House of Represen-tatives in open session, was delivered to the Governor by the Secretary of the Senate.

CONCURRENT RESOLUTIONS

       Senator Cauthorn moved that SCR 2 be taken up for adoption, which motion prevailed.

       On motion of Senator Cauthorn, SCR 2 was adopted by the following vote:

       Senator Crowell moved that SCR 3 be taken up for adoption, which motion prevailed.

       Senator Crowell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Concurrent Resolution No. 3, Page 1, Lines 18 and 19, by striking the words “February 14, 2005” and insert in lieu thereof the following: “February 14th”.

       Senator Crowell moved that the above amendment be adopted, which motion prevailed.

       President Kinder assumed the Chair.

       On motion of Senator Crowell, SCR 3, as amended, was adopted by the following vote:

SENATE BILLS FOR PERFECTION

       Senator Griesheimer moved that SB 179, with SCS (pending), be called from the Informal Calendar and again be taken up for perfection, which motion prevailed.

       SCS for SB 179 was again taken up.

       Senator Griesheimer offered SS for SCS for SB 179, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 179

       An Act to amend chapter 386, RSMo, by adding thereto one new section relating to cost recovery for utility companies.

       Senator Griesheimer moved that SS for SCS for SB 179 be adopted.

       Senator Ridgeway assumed the Chair.

       Senator Bray offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 179, Page 5, Section 386.266, Line 18, by inserting immediately after said line the following:

       “386.390. 1. Complaint may be made by the commission of its own motion, or by the public counsel or any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, alleging that a public utility’s rates are excessive, or otherwise setting forth any act or thing done or omitted to be done by any corporation, person or public utility, including any rule, regulation or charge heretofore established or fixed by or for any corporation, person or public utility, in violation, or claimed to be in violation, of any provision of law, or of any rule or order or decision of the commission[; provided, that no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water, sewer, or telephone corporation, unless the same be signed by the public counsel or the mayor or the president or chairman of the board of aldermen or a majority of the council, commission or other legislative body of any city, town, village or county, within which the alleged violation occurred, or not less than twenty-five consumers or purchasers, or prospective consumers or purchasers, of such gas, electricity, water, sewer or telephone service].

       2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided.

       3. The commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the public utility, corporation or person complained of.

       4. Service in all hearings, investigations and proceedings pending before the commission may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid.

       5. The commission shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the commission shall find that the public necessity requires that such hearing be held at an earlier date.

       6. If the complaint alleges that a public utility’s rates are excessive, the public utility shall, within thirty days or such lesser time as may be prescribed by the commission, file a bond or undertaking approved by the commission conditioned upon the refund in a manner prescribed by the commission of amounts collected after the date of filing of the petition in excess of rates and charges finally determined by the commission to be lawful, with interest thereon at the legal rate. If, upon hearing, the commission finds that the public utility’s rates are unlawful, the commission shall order a refund, with interest, at the legal rate of amounts collected after the date of filing of the petition that are determined to be in excess of the amounts which would have been collected under the rates finally approved. In any hearing upon a complaint brought under this subsection, the complainant or complainants shall have the obligation to present evidence to preliminarily support the alleged overcharge; provided, however, that the burden of proof to show that the existing rate or the rate complained against is just and reasonable at all times shall be upon the public utility.

       7. The commission shall issue a final order deciding any complaint pursuant to this section within eleven months of the filing of the complaint.”; and

       Further amend the title and enacting clause accordingly.

       Senator Bray moved that the above amendment be adopted.

       Senator Mayer assumed the Chair.

       At the request of Senator Griesheimer, SB 179, with SCS, SS for SCS and SA 1 (pending), was placed on the Informal Calendar.

REFERRALS

       President Pro Tem Gibbons referred SB 173 to the Committee on Governmental Accountability and Fiscal Oversight.

SECOND READING OF SENATE BILLS

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

       SB 424—Judiciary and Civil and Criminal Jurisprudence.

       SB 425—Judiciary and Civil and Criminal Jurisprudence.

       SB 426—Judiciary and Civil and Criminal Jurisprudence.

       SB 427—Transportation.

       SB 428—Small Business, Insurance and Industrial Relations.

       SB 429—Ways and Means.

       SB 430—Ways and Means.

       SB 431—Economic Development, Tourism and Local Government.

       SB 432—Agriculture, Conservation, Parks and Natural Resources.

       SB 433—Aging, Families, Mental and Public Health.

       SB 434—Governmental Accountability and Fiscal Oversight.

       SB 435—Judiciary and Civil and Criminal Jurisprudence.

       SB 436—Ways and Means.

       SB 437—Commerce, Energy and the Environment.

       SB 438—Judiciary and Civil and Criminal Jurisprudence.

       SB 439—Judiciary and Civil and Criminal Jurisprudence.

       SB 440—Ways and Means.

       SB 441—Transportation.

       SB 442—Judiciary and Civil and Criminal Jurisprudence.

       SB 443—Small Business, Insurance and Industrial Relations.

       SB 444—Small Business, Insurance and Industrial Relations.

       SB 445—Transportation.

       SB 446—Education.

       SB 447—Pensions, Veterans’ Affairs and General Laws.

       SB 448—Judiciary and Civil and Criminal Jurisprudence.

       SB 449—Pensions, Veterans’ Affairs and General Laws.

       SB 450—Economic Development, Tourism and Local Government.

       SB 451—Judiciary and Civil and Criminal Jurisprudence.

       SB 452—Financial and Governmental Organi-zations and Elections.

       SB 453—Economic Development, Tourism and Local Government.

       SB 454—Education.

       SB 455—Education.

       SB 456—Small Business, Insurance and Industrial Relations.

       SB 457—Aging, Families, Mental and Public Health.

       SB 458—Aging, Families, Mental and Public Health.

       SB 459—Small Business, Insurance and Industrial Relations.

       SB 460—Small Business, Insurance and Industrial Relations.

       SB 461—Judiciary and Civil and Criminal Jurisprudence.

       SB 462—Commerce, Energy and the Environment.

       SB 463—Pensions, Veterans’ Affairs and General Laws.

       SB 464—Ways and Means.

       SB 465—Transportation.

       SB 466—Pensions, Veterans’ Affairs and General Laws.

       SB 467—Agriculture, Conservation, Parks and Natural Resources.

       SB 468—Economic Development, Tourism and Local Government.

       SB 469—Economic Development, Tourism and Local Government.

       SB 470—Economic Development, Tourism and Local Government.

       SB 471—Transportation.

       SB 472—Financial and Governmental Organi-zations and Elections.

       SB 473—Education.

       SB 474—Governmental Accountability and Fiscal Oversight.

       SB 475—Education.

       SB 476—Financial and Governmental Organi-zations and Elections.

       SB 477—Ways and Means.

       SB 479—Financial and Governmental Organi-zations and Elections.

       SB 480—Education.

       SB 481—Education.

       SB 482—Agriculture, Conservation, Parks and Natural Resources.

       SB 483—Agriculture, Conservation, Parks and Natural Resources.

       SJR 20—Education.

REFERRALS

       President Pro Tem Gibbons referred SCR 7 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

       On motion of Senator Shields, the Senate recessed until 2:00 p.m.

RECESS

       The time of recess having expired, the Senate was called to order by Senator Koster.

RESOLUTIONS

       Senators Gross and Dolan offered Senate Resolution No. 494, regarding Larry Langewisch, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 495, regarding Al “Red” Oswald, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 496, regarding Mark Callier, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 497, regarding Madge Vanatta, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 498, regarding Michelle “Sis” Fanning, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 499, regarding David Dickherber, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 500, regarding Jerry Burges, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 501, regarding Gary Kinder, which was adopted.

       Senators Gross and Dolan offered Senate Resolution No. 502, regarding Frank Deniszozuk, which was adopted.

       Senator Gibbons offered Senate Resolution No. 503, regarding the Webster Groves Lions Club, which was adopted.

       Senator Gibbons offered Senate Resolution No. 504, regarding Wheeler Rand Compton, Kirkwood, which was adopted.

       Senator Gibbons offered Senate Resolution No. 505, regarding James Edward Bild, Crestwood, which was adopted.

       Senator Champion offered Senate Resolution No. 506, regarding Jim Vaughan, which was adopted.

       Senator Champion offered Senate Resolution No. 507, regarding Paul Mullins, which was adopted.

       Senator Champion offered Senate Resolution No. 508, regarding Gail Fredrick, which was adopted.

       Senator Champion offered Senate Resolution No. 509, regarding the One Hundredth Birthday of Opha Pansy Denney, Springfield, which was adopted.

       Senator Griesheimer offered Senate Resolution No. 510, regarding the Fiftieth Birthday of Perry Lee Moore, Hardin, Illinois, which was adopted.

REPORTS OF STANDING COMMITTEES

       Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SCS for SB 210, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

SENATE BILLS FOR PERFECTION

       Senator Griesheimer moved that SB 179, with SCS, SS for SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       Senator Dougherty was recognized to interrogate Senator Griesheimer.

       Senator Bray rose to inquire of Senator Griesheimer, noting that under the provisions of SR 65, she as sponsor of the pending amendment should have been recognized first when the bill was brought before the body.

       SA 1 was again taken up.

       Senator Bray requested a roll call vote be taken on the adoption of SA 1 and was joined in her request by Senators Coleman, Days, Kennedy and Wilson.

       SA 1 failed of adoption by the following vote:

       Senator Kennedy offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 179, Page 5, Section 386.266, Line 18, by inserting after all of said line the following:

       “Section 1. Any utility proposing to construct a power plant in the state of Missouri shall employ only residents of the state in the construction of the power plant.”; and

       Further amend the title and enacting clause accordingly.

       Senator Kennedy moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Days, Graham and Green.

       SA 2 failed of adoption by the following vote:

       Senator Shields offered SA 3, which was read:

SENATE AMENDMENT NO. 3

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 179, Page 5, Section 386.266, Line 18 of said page, by inserting after all of said line the following:

       “13. The public service commission shall appoint a task force, consisting of all interested parties, to study and make recommendations on the cost recovery and implementation of conservation and weatherization programs for electrical and gas corporations.”.

       Senator Shields moved that the above amendment be adopted, which motion prevailed.

       Senator Bray offered SA 4, which was read:

SENATE AMENDMENT NO. 4

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 179, Page 3, Section 386.266, Line 15, by deleting the word and number “and 2” and inserting in lieu thereof “, 2 and 3”.

       Senator Bray moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Days, Green, Kennedy and Wilson.

       SA 4 failed of adoption by the following vote:

       Senator Griesheimer moved that SS for SCS for SB 179, as amended, be adopted, which motion prevailed.

       On motion of Senator Griesheimer, SS for SCS for SB 179, as amended, was declared perfected and ordered printed.

RESOLUTIONS

       Senator Callahan offered Senate Resolution No. 511, regarding the One Hundred Second Birthday of Lorene Fick, Independence, which was adopted.

COMMUNICATIONS

       President Pro Tem Gibbons submitted the following:

March 1, 2005

Senator Michael Gibbons

Senate Pro Tem

State Capitol Building

Jefferson City, MO 65101

Dear Senator Gibbons:

This is to notify you of my resignation from the Second State Capitol Commission effective immediately.

I have enjoyed my time on the committee and appreciate the opportunity to have served.

If you have any questions, please feel free to contact me.

                           Sincerely,

                           /s/ Carl M. Vogel

                           CARL M. VOGEL

                                                       INTRODUCTIONS OF GUESTS

       Senator Bartle introduced to the Senate, Rebecca Pollock and Brenda Dumler, Lee’