Journal of the Senate

FIRST REGULAR SESSION

THIRTY-FIFTH DAY—TUESDAY, MARCH 8, 2005

       The Senate met pursuant to adjournment.

       Senator Scott in the Chair.

       Reverend Carl Gauck offered the following prayer:

          About prayer, Evelyn Underhill wrote: “In it the soul feeds upon God. Draws new vitality from the source of all life. The citizen who is so strengthened is worth more to this state than the one whose roots do not strike deep into eternity.”

          Gracious God, as we are at the mid point of our work here help us to spend some time in silence with You, our God. Let our “roots strike deep” into You so we too may be of greater worth to this State and the people we serve. And may we gain strength for the many tasks still ahead of 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 of the previous day was read and approved.

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

RESOLUTIONS

       Senator Vogel offered Senate Resolution No. 577, regarding Richard Walkenbach, Jefferson City, which was adopted.

       Senator Vogel offered Senate Resolution No. 578, regarding the Ninetieth Birthday of Lois Wittrock, Gravois Mills, which was adopted.

       Senator Crowell offered Senate Resolution No. 579, regarding Corrections Officer II Brian Davis, Fredericktown, which was adopted.

       Senator Crowell offered Senate Resolution No. 580, regarding Corrections Officer I Randy Firebaugh, Fredericktown, which was adopted.

CONCURRENT RESOLUTIONS

       Senators Bray, Dougherty, Wheeler, Green, Coleman, Days, Wilson, Graham, Kennedy and Callahan offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 9

          WHEREAS, the State of Missouri recognizes that over 1,033,886 residents of all ages in this state receive guaranteed Social Security benefits which allow them to live without sinking into poverty or suffering from a diminished quality of life because of retirement, disability, or the death of a parent or spouse; and

          WHEREAS, Social Security protects Missourians by providing guaranteed benefits not only for retirees, but also for 184,858 disabled workers and their families, as well as for almost 90,000 children in our state; and

          WHEREAS, Social Security is particularly critical to the 420,699 Missouri women who receive benefits since women typically live longer, earn less money, and generally spend less time in the labor force due to child care responsibilities; and

          WHEREAS, Social Security is a progressive program that continues to pay guaranteed benefits for the duration of the recipients' lifetimes, that is indexed for inflation, that functions with extreme efficiency, and that currently operates with a surplus; and

          WHEREAS, the nonpartisan Congressional Budget Office (CBO) predicts that there will be no shortfall until 2052, when Social Security will be able to pay only 80% of recipients' benefits due to insufficient revenue from payroll tax; and

          WHEREAS, in the past, the Social Security Trust Fund has encountered similar challenges, including larger projected shortfalls during the 1980's, which were resolved without privatization schemes and without reducing guaranteed benefits for the elderly, disabled, and children; and

          WHEREAS, the Bush Administration's proposals to partially privatize Social Security through the creation of private accounts cannot guarantee returns that equal or exceed recipients' guaranteed benefits through the current Social Security system; and

          WHEREAS, the creation of such a private accounts system would entail a massive cost to our country, adding an estimated $2 trillion to our national deficit which would take an estimated 60 years to pay back; and

          WHEREAS, future Social Security recipients would also pay a much higher cost for private accounts than for the guaranteed benefits current recipients receive since the current system spends just 0.6 cents of every dollar on administrative costs while a private accounts system would waste at least 5 cents of every dollar; and

          WHEREAS, under President Bush's proposal, guaranteed Social Security protections to the elderly, disabled, survivors, and children will gradually erode for future generations driving millions of Americans into poverty and destroying the most successful social insurance program ever created in the United States:

          NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby call upon the Missouri Congressional Delegation to recognize the unique features of Social Security: guaranteed benefits, protection from market fluctuations, inflation indexing, lifelong protection in case of disability, death of a spouse or parent, and insufficient retirement income, progressive benefits that are linked to earnings and that cannot lose value over the recipient's lifetime; and

          BE IT FURTHER RESOLVED that the Missouri General Assembly calls upon the Missouri Congressional Delegation to oppose restructuring the Social Security Trust Fund to create private accounts that reduce guaranteed benefits for hundreds of thousands of Missourians, especially women and children who will be disproportionately affected and who depend on Social Security for their survival and well-being; and

          BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for President George W. Bush, the members of the Missouri Congressional Delegation, and Governor Matt Blunt.

       Senator Scott offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 10

          WHEREAS, the inconsistent wireless telecommunication service throughout rural areas of the state provides for an erratic coverage area for rural customers; and

          WHEREAS, to make available more dependable wireless telecommunication service to rural customers of this state, telecommunication service providers must have access to support aimed at providing such service to higher cost areas; and

          WHEREAS, to enable wireless telecommunication providers to invest in infrastructure to better serve the rural customers of this state, the Missouri legislature seeks to more easily certify telecommunication service providers as eligible telecommunication carriers thereby subjecting those service providers to the universal service fund:

          NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the public service commission to adopt rules governing the application process by which telecommunication providers can be certified as "eligible telecommunications carriers" and who, in turn, can be subject to universal service fund support. The rules adopted by the Commission shall utilize the minimum requirements for eligibility adopted and published by the Federal Communications Commission, consistent with the recommendations of the Federal-State Joint Board on Universal Service for eligibility; and

          BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the members of the Public Service Commission.

CONFERENCE COMMITTEE

APPOINTMENTS

       President Pro Tem Gibbons appointed the following conference committee to act with a like committee from the House on HCS for SS for SCS for SBs 1 and 130, as amended: Senators Loudon, Gibbons, Crowell, Callahan and Green.

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 were referred SCS for SBs 221, 250 and 256; SB 88; and SS for SCS for SB 32, 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.

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

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 423, 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 279, 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 422, 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 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 68, 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 Klindt moved that SB 237, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 237, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 237

       An Act to repeal sections 386.020, 392.200, 392.245, and 392.500, RSMo, and to enact in lieu thereof four new sections relating to telecommunications companies.

       Was taken up.

       Senator Klindt moved that SCS for SB 237 be adopted.

       Senator Klindt offered SS for SCS for SB 237, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 237

       An Act to repeal sections 386.020, 392.200, 392.245, and 392.500, RSMo, and to enact in lieu thereof four new sections relating to telecommunications companies.

       Senator Klindt moved that SS for SCS for SB 237 be adopted.

       Senator Klindt offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 237, Page 28, Section 392.245, Lines 5-17 of said page by striking all of said lines and inserting in lieu thereof the following:

       “(2) Any entity providing local voice service in whole or in part over telecommunications facilities or other facilities in which it or one of its affiliates have an ownership interest shall be considered as a basic local telecommunications service provider regardless of whether such entity is subject to regulation by the commission. A provider of local voice service that requires the use of a third party, unaffiliated Internet network for the origination of local voice service shall not be considered a basic local telecommunications service provider;”.

       Senator Klindt moved that the above amendment be adopted.

       Senator Griesheimer offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 237, Page 28, Section 392.245.5(2), Lines 5-17 by deleting such section and replacing in lieu thereof the following:

       “(2) Any entity providing local voice service in whole or in part by using its own telecommunications facilities or other facilities or the telecommunications facilities or other facilities of a third party, including those of the incumbent local exchange telecommunications company, shall be considered as a basic local telecommunications service provider for the purpose of this subsection only, regardless of whether the service provided by such entity is subject to regulation by the commission. Provided, however, that an entity shall not be considered to be a basic local telecommunications provider to the extent that it is providing local voice service only through an unaffiliated third party’s broadband Internet service or dial-up Internet service. For purposes of this subsection only, a broadband Internet service is defined as an Internet service that connects a customer’s premises to an ISP at speeds exceeding two hundred kilobits per second in at least one direction;”.

       Senator Griesheimer moved that the above substitute amendment be adopted.

       At the request of Senator Klindt, SB 237, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REFERRALS

       President Pro Tem Gibbons referred SS for SCS for SB 32; and SCS for SBs 221, 250 and 256 to the Committee on Governmental Accountability and Fiscal Oversight.

       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 Bartle.

RESOLUTIONS

       Senator Graham offered Senate Resolution No. 581, regarding the Central Missouri Eagles Youth Hockey Teams, which was adopted.

       Senator Kennedy offered Senate Resolution No. 582, regarding Michelle Kolar, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 583, regarding Tim Helvey, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 584, regarding Bess Langsdorf, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 585, regarding Calvin Rudsinski, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 586, regarding Jim Price, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 587, regarding Laura Grayson, St. Louis, which was adopted.

       Senator Stouffer offered Senate Resolution No. 588, regarding Ami Beck, which was adopted.

       Senator Stouffer offered Senate Resolution No. 589, regarding the death of Francis Edward Ritzinger, which was adopted.

       Senator Stouffer offered Senate Resolution No. 590, regarding the death of Norbert B. Martin, which was adopted.

       Senator Stouffer offered Senate Resolution No. 591, regarding the death of Edward Harrison Loesing, which was adopted.

       Senator Stouffer offered Senate Resolution No. 592, regarding the death of Melvin H. Kalthoff, which was adopted.

       Senator Stouffer offered Senate Resolution No. 593, regarding the death of Leo Vernon Thompson, which was adopted.

       Senator Stouffer offered Senate Resolution No. 594, regarding the death of Robert LaMont Shultz, which was adopted.

       Senator Stouffer offered Senate Resolution No. 595, regarding the death of Earl Bernard Stockhorst, which was adopted.

       Senator Stouffer offered Senate Resolution No. 596, regarding the birth of Cecilia Leann Pummill, Sweet Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 597, regarding the birth of Jacob Keith Porterfield, Boonville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 598, regarding the birth of Katelyn Marie Smith and Madison Ann Smith, Boonville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 599, regarding the birth of Kendall Bryce Haston, Keytesville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 600, regarding the birth of Preslee Jo Sunderland, Fayette, which was adopted.

       Senator Stouffer offered Senate Resolution No. 601, regarding the birth of Lydia Kay Eaton, Harrisburg, which was adopted.

       Senator Stouffer offered Senate Resolution No. 602, regarding the birth of Logan Wayne Hackman, Macon, which was adopted.

       Senator Stouffer offered Senate Resolution No. 603, regarding the birth of Matthew Joseph Bell-Ross, which was adopted.

       Senator Gibbons offered Senate Resolution No. 604, regarding Spence Jackson, which was adopted.

       Senator Gibbons offered Senate Resolution No. 605, regarding Betty Hatch, California, which was adopted.

THIRD READING OF SENATE BILLS

       SB 173, introduced by Senator Scott, entitled:

       An Act to repeal section 178.930, RSMo, and to enact in lieu thereof one new section relating to sheltered workshop payments.

       Was taken up.

       On motion of Senator Scott, SB 173 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Scott, title to the bill was agreed to.

       Senator Scott moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SS for SCS for SB 179, introduced by Senator Griesheimer, 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.

       Was taken up.

       Senator Ridgeway assumed the Chair.

       On motion of Senator Griesheimer, SS for SCS for SB 179 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Griesheimer, title to the bill was agreed to.

       Senator Griesheimer moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 222, with SCS, introduced by Senator Callahan, entitled:

       An Act to amend chapter 196, RSMo, by adding thereto one new section relating to which tobacco products can be lawfully sold in Missouri.

       Was called from the Consent Calendar and taken up.

       SCS for SB 222, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 222

       An Act to amend chapter 149, RSMo, by adding thereto one new section relating to which tobacco products can be lawfully sold in Missouri.

       Was taken up.

       Senator Shields assumed the Chair.

       Senator Callahan moved that SCS for SB 222 be adopted, which motion prevailed.

       On motion of Senator Callahan, SCS for SB 222 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Callahan, title to the bill was agreed to.

       Senator Callahan moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       SB 257, introduced by Senator Koster, entitled:

       An Act to repeal section 115.019, RSMo, and to enact in lieu thereof one new section relating to the board of election commissioners.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Koster, SB 257 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Koster, title to the bill was agreed to.

       Senator Koster moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       SB 258, with SCS, introduced by Senator Koster, entitled:

       An Act to repeal section 205.010, RSMo, and to enact in lieu thereof one new section relating to county health centers.

       Was called from the Consent Calendar and taken up.

       SCS for SB 258, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 258

       An Act to repeal section 205.010, RSMo, and to enact in lieu thereof one new section relating to county health centers.

       Was taken up.

       Senator Koster moved that SCS for SB 258 be adopted, which motion prevailed.

       On motion of Senator Koster, SCS for SB 258 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Koster, title to the bill was agreed to.

       Senator Koster moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       SB 259, introduced by Senator Koster, entitled:

       An Act to repeal section 64.215, RSMo, and to enact in lieu thereof one new section relating to county planning boards.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Koster, SB 259 was read the 3rd time and passed by the following vote: