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House Journal - January 25, 1996

House Journal

Second Regular Session, 88th General Assembly

FIFTEENTH DAY, Thursday, January 25, 1996

Speaker Gaw in the Chair.

Prayer by Rev. Cheryl L. Tatham.

Gracious God, continue in these busy days of deliberation and decisions, to give guidance to the leaders in this House. To Speaker Gaw as he provides a new eye to the business of the House and to others whose leadership has been called upon.

When we falter in our journey, O Lord, failing to trust your guidance and closing our eyes to what we know is right and just, forgive us and return us again to the paths you would have us follow. Keep us steadfast in the tasks of the day and comfort us when our spirits and energies falter. Amen.

The Pledge of Allegiance to the flag was recited.

Moment of Silence

Representative Backer requested that the House stand at ease for a moment of silence in the memory of Christa McAuliffe and the Challenger Crew. As you remember, Ms. McAuliffe was a crew member on the shuttle Challenger. Although it seems like yesterday, the shuttle tragedy occurred on January 28, 1986. This moment of silence is part of a world-wide moment of remembrance project started by Shelia Perry of Bloomfield, MO and was brought to our attention by the Representative from the Williams (159) district.

Speaker Gaw appointed the following to act as Honorary Page for the Day, to serve without compensation: Maren Gehrts.

The Journal of the fourteenth day was approved as corrected.

                           RESOLUTIONS

Representatives Gross and Bennett offered House Resolution No. 139, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Gross and Bennett offered House Resolution No. 140, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Gross and Bennett offered House Resolution No. 141, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Ostmann and Gross offered House Resolution No. 142, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Clayton offered House Resolution No. 143, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Clayton offered House Resolution No. 144, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Gratz and Vogel offered House Resolution No. 145, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Foster offered House Resolution No. 146, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Leake offered House Resolution No. 147, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Mitchell offered House Resolution No. 148, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Sears and Summers offered House Resolution No. 149, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Sears and Summers offered House Resolution No. 150, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Barnes offered House Resolution No. 151, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Marshall (26) offered House Resolution No. 152, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Morgan offered House Resolution No. 153, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Hosmer offered House Resolution No. 154, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Griffin addressed the House.

House Members, Staff, Friends, and Honored Guests:

Life is a series of journeys--never smooth, but always eventful.

Today, I prepare to take a new one.

I intend to take this journey as I have approached every opportunity in my life--moving toward a new destination rather than away from an old one.

And I look forward to the exciting challenges ahead.

Yet, as is often the case with travelers, I take this opportunity to look back for just a few moments and marvel at how far we have come together.

I say "we" because I have been one of those fortunate travelers who has never had to walk alone.

Some of us in this chamber may have walked only a few steps together and others countless miles. But I hope whatever the length of time, you have gained the healthy respect for my ideas that I have gained for yours.

In my 26 years as a member of this body, we have accomplished much. We have made the legislative process more efficient and effective. We have expanded the budget process to give more legislators a larger voice in the way we spend state resources. By opening up the committee process and working hard to tell our story to Missourians, we have given our citizens the chance for greater input and kept the public better informed on the issues. We have made many important contributions to the welfare of Missouri.

Our Outstanding Schools Act and before that, the Excellence in Education Act have invested our state resources right where they should be--in creating better educational opportunities for all our children. We have increased access to health care for thousands of needy Missourians and school children. We have led the nation in landmark legislation to fight AIDS.

Our tougher crime laws for adults and juveniles, campaign finance improvements, stronger ethics laws for public officials, welfare reform, and Linked Deposit Loan Program are only a few of the tremendous achievements we have experienced over our years together.

Through your generous contributions, we have been able to greatly expand the Hall of Famous Missourians in the Third Floor Rotunda. These 16 bronze busts of famous Missourians will be here long after all of us to inform and inspire the quarter-of-a-million people that visit this building each year. But none of these and the many other accomplishments too numerous to name would have been possible without the total commitment and dedication of so many talented and wonderful people.

Starting right at the top and encompassing every support person in this body, we have the finest and hardest working legislative staff you will find anywhere, and once more I ask you to applaud their efforts. In my 15 years as Speaker, I was extremely fortunate to have many terrific and loyal people working for me--people like Gayle, Mark, and Sue. I have been blessed with a loving wife and two children who have stood beside me always. And I have had the good fortune to work and make lifelong friendships with many of you and many more before you.

When we completed our recent election for new House leadership, I expressed to the media that perhaps the most outstanding achievement I have witnessed in all the years I have been Speaker was the caucus process and the orderly transfer of power that we experienced. Only in a democracy such as ours does this process and smooth transition occur. Certainly, I have always been proud to be a Democrat, but I was never prouder to be one than during our caucus process.

We saw people put aside personal concerns and differences to do what was right for the people of the state of Missouri, and I believe our outstanding new leadership team truly reflects the diversity which has made this state a great one.

I will never forget the thrill of seeing Democrats, some of who have little in common in geography, background, and views, talking together, thinking things through together, and ultimately coming into this chamber smiling together because they knew they had done something good--something decent--something remarkable.

I am pleased to leave this chamber secure in the knowledge that our new Speaker, Steve Gaw, will do an excellent job. I don't know if Steve remembers the first time we met, but I do.

On May 5, 1992, we were doing a bust dedication in the Hall of Famous Missourians for Omar Bradley, who comes from Moberly. For the ceremony, we had heard about this talented singer from Moberly named Steve Gaw who could sing the national anthem. Steve very graciously agreed to perform and what a stirring rendition it was. So, as I saw him take the gavel last week, I could only think about what a rare gift we have in this wonderful government we call a democracy. We live in a state where one day, a young man is a citizen's voice in the Rotunda and the next, he is the voice of the House.

Mr. Speaker, I wish you and the rest of the new House leadership well. And I certainly want to extend my best wishes to those veterans in leadership as they continue the work their colleagues have selected them to do. I know that all of you will perform your duties admirably.

I wish I could leave all of you with some magic wisdom to prepare you for the joys and trials which lie ahead. But the lessons I have learned here are simple. Number One: your word is your bond--to your colleagues, to the media, to your constituents. If you do not have that, you have nothing. Second, worry is a waste of time and effort. Don't expend energy on things you are unable to change. Concentrate on the areas where you can make a difference. Number Three: you have an obligation not only to the people of your district, but to the best interests of the state as a whole. When these coincide, your choice is easy. When they do not, that is when you earn your paycheck and the sacred trust you have been given. And that sacred trust is only betrayed if you approach your role in a partisan way.

Save the politics for the campaign. Once you are here, you represent all the people--even the ones who didn't vote for you. Concentrate on the issues, not the ideologies. Approach those difficult decisions with all your concentration, all your courage, all your experience, and all your leadership. Do what will ultimately be the right thing for all concerned.

And my final lesson here has been that life is not always fair, and truth unfolds in its own time. But being tested only makes us stronger, and ultimately the truth will emerge. So, as I prepare to take this journey from public service back to private citizen, I realize how much I leave here.

But all of that pales in comparison to what I have to keep. Good friends--and I had no idea how many until this last year. More than any one person has any right to expect. Good memories. We have experienced much together, both professionally and personally. We can take great satisfaction in all the improvements we have made for the citizens we serve-- improvements in the quality of life which will survive us for decades to come. And good wishes.

You, the members and the staff of this body, are part of a noble endeavor. You have the will, the public responsibility, and the talent to do what is right for the people of the state of Missouri. I have every confidence that you will.

May God guide and protect you, the citizens of our great state, and this sacred body that I have loved and served to the best of my ability--the Missouri House of Representatives.

                       COURTESY RESOLUTIONS

House Resolution Nos. 114 through 138 were taken up.

On motion of Representative Backer, House Resolution Nos. 114 through 138 were adopted.

             SECOND READING OF HOUSE JOINT RESOLUTION

HJR 48 was read the second time.

                  SECOND READING OF HOUSE BILLS

HB 1272 through HB 1304 were read the second time.

                         COMMITTEE REPORT

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Backer reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1047, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

                   THIRD READING OF HOUSE BILL

HB 1047, relating to speed limits, was taken up by Representative Thomason (163).

On motion of Representative Thomason (163), HB 1047 was read the third time and passed by the following vote:

AYES: 135

Akin             Alter            Auer             Backer           Barnett 4
Bartelsmeyer     Bennett 15       Boatright        Boucher          Bray
Broach           Brown            Burton           Carter           Champion
Childers         Chrismer         Cierpiot         Clayton          Cooper
Copeland         Crum 112         Crump 152        Daniel 42        Daniels 41
Davis            Donovan          Dougherty        Edwards-Pavia    Elliott
Enz              Evans            Farmer           Farnen           Fiebelman
Fitzwater        Foley            Foster           Franklin         Gaskill
Goward           Graham           Gratz            Green            Griffin
Gross            Gunn             Hagan-Harrell    Harlan           Hartzler 123
Hartzler 124     Heckemeyer       Hegeman          Hickey           Hohulin
Hoppe            Howerton         Jacob            Kasten           Kelley 47
Kissell          Koller           Kreider          Lakin            Leake
Legan            Levin            Liese            Linton           Lograsso
Long             Loudon           Luetkenhaus      Lumpe            Marble
Marshall 26      Marshall 133     May 108          Mays 50          McBride
Mitchell         Montgomery       Murray 69        Murray 135       Naeger
Nordwald         O'Connor         O'Neill          O'Toole          Oetting
Ostmann          Overschmidt      Pauley           Pouche           Prost
Pryor            Reynolds         Richardson       Ridgeway         Rizzo
Robirds          Ross             Sallee           Schilling        Schwab
Scott            Sears 1          Secrest          Shear 83         Sheldon 104
Shields          Smith            Sombart          Steen            Stokan
Stoll            Summers          Surface          Tate             Thomason 163
Thompson 37      Treadway         Troupe           Van Zandt        Vogel
Wannenmacher     Ward             Whiteside        Wieland          Wiggins
Williams 121     Williams 159     Witt             Wooten           Mr. Speaker

NOES: 018

Ballard          Bland            Bonner           Canuteson        Days
Froelker         Garnett          Gibbons          Griesheimer      Hand
Hendrickson      Hosmer           Kauffman         Keeven           Kelly 27
McClelland       Murphy           Scheve

PRESENT: 000

ABSENT WITH LEAVE: 009

Barnes           Ford             Hall             Klumb            McLuckie
Morgan           Ribaudo          Shelton 57       Skaggs

VACANCY: 001

Speaker Gaw declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 139

Akin             Alter            Auer             Backer           Ballard
Barnett 4        Bartelsmeyer     Bennett 15       Boatright        Boucher
Bray             Broach           Brown            Burton           Canuteson
Carter           Champion         Childers         Chrismer         Cierpiot
Clayton          Cooper           Copeland         Crum 112         Crump 152
Daniel 42        Daniels 41       Davis            Donovan          Dougherty
Edwards-Pavia    Elliott          Enz              Evans            Farmer
Farnen           Fiebelman        Fitzwater        Foley            Foster
Franklin         Froelker         Gaskill          Gibbons          Goward
Graham           Gratz            Green            Griesheimer      Griffin
Gross            Gunn             Harlan           Hartzler 123     Hartzler 124
Heckemeyer       Hegeman          Hickey           Hoppe            Howerton
Jacob            Kasten           Keeven           Kelley 47        Kelly 27
Kissell          Koller           Kreider          Lakin            Leake
Legan            Levin            Liese            Linton           Lograsso
Long             Loudon           Luetkenhaus      Lumpe            Marble
Marshall 26      Marshall 133     May 108          Mays 50          McBride
Mitchell         Montgomery       Murray 69        Murray 135       Naeger
Nordwald         O'Connor         O'Neill          O'Toole          Oetting
Ostmann          Overschmidt      Pauley           Pouche           Prost
Pryor            Reynolds         Richardson       Ridgeway         Rizzo
Robirds          Ross             Sallee           Schilling        Schwab
Scott            Sears 1          Secrest          Shear 83         Sheldon 104
Shields          Smith            Sombart          Stokan           Stoll
Summers          Surface          Tate             Thomason 163     Thompson 37
Treadway         Troupe           Van Zandt        Vogel            Wannenmacher
Ward             Whiteside        Wieland          Wiggins          Williams 121
Williams 159     Witt             Wooten           Mr. Speaker

NOES: 012

Bland            Days             Garnett          Hand             Hendrickson
Hohulin          Hosmer           Kauffman         McClelland       Murphy
Scheve           Steen

PRESENT: 000

ABSENT WITH LEAVE: 011

Barnes           Bonner           Ford             Hagan-Harrell    Hall
Klumb            McLuckie         Morgan           Ribaudo          Shelton 57

Skaggs

VACANCY: 001

   On motion of Representative Luetkenhaus, title to the bill was agreed to.

Representative Liese moved that the vote by which the bill passed be reconsidered.

Representative Fiebelman moved that motion lay on the table.

The latter motion prevailed.

                     MESSAGE FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 671, entitled:

To repeal section 246.070, RSMo 1994, relating to flood relief, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Emergency Clause Adopted.

In which the concurrence of the House is respectfully requested.

              INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and 1,000 copies ordered printed:

HJR 49, introduced by Representative Tate, relating to water control bonds.

                   INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and 1,000 copies ordered printed:

HB 1305 , introduced by Representative Gratz, relating to weeds.

HB 1306, introduced by Representatives Treadway and Nordwald, relating to the division of professional registration.

HB 1307, introduced by Representative Hohulin, relating to certain violations of criminal laws.

HB 1308, introduced by Representative Hohulin, relating to certain violations of criminal laws.

HB 1309, introduced by Representative Tate, relating to abandoned property.

HB 1310, introduced by Representative Tate, relating to interdistrict school transfers.

HB 1311, introduced by Representative Elliott, relating to the regulation of telecommunications.

HB 1312, introduced by Representative Tate, relating to water control.

HB 1313, introduced by Representative O'Neill, et al, relating to unemployment security.

HB 1314, introduced by Representative Hartzler (124), et al, relating to criminal procedures.

HB 1315, introduced by Representative Schwab, relating to motor vehicle operator licenses.

HB 1316, introduced by Representative Thompson (37), et al, relating to liquor.

HB 1317, introduced by Representatives Dougherty and Days, et al, relating to insurance coverage for cancer prevention.

HB 1318, introduced by Representative Howerton, et al, relating to the department of natural resources.

HB 1319, introduced by Representative Tate, relating to underground storage tanks.

HB 1320, introduced by Representatives O'Connor, et al, relating to abortions.

HB 1321, introduced by Representative Hohulin, relating to domestic relations.

HB 1322, introduced by Representative Naeger, et al, relating to certain health care benefits.

HB 1323, introduced by Representative Naeger, relating to health insurance.

HB 1324, introduced by Representative Bland, et al, relating to scholarships.

HB 1325, introduced by Representatives Wiggins and Gaw, et al, relating to county zoning for limited purposes.

HB 1326, introduced by Representatives Prost and Williams (159), et al, relating to health maintenance organizations.

HB 1327, introduced by Representative Jacob, relating to certain residential care facilities.

HB 1328, introduced by Representative Long, et al, relating to campaign finances.

HB 1329, introduced by Representative Cierpiot, et al, relating to the licensing of physicians and surgeons.

HB 1330, introduced by Representative Hosmer, relating to certain political party committees.

HB 1331, introduced by Representative Schilling, relating to murder.

                        COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Sam Leake appointed a member of Appropriations-Education and Public Safety Committee.

Representative Steve McLuckie no longer a member of Appropriations-Education and Public Safety Committee.

Representative Dorathea Davis appointed a member of Judiciary and Ethics Committee, but no longer a member of the Education - Elementary and Secondary Committee.

Representative Backer appointed Chair of the Rules, Joint Rules and Bills Perfected and Printed Committee.

Representative Crump appointed Vice-Chair of the Rules, Joint Rules and Bills Perfected and Printed Committee.

                            AJOURNMENT

On motion of Representative Backer, the House adjourned until 4:00 p.m., Monday, January 29, 1996.

CORRECTION TO THE HOUSE JOURNAL

Correct House Journal, Fourteenth Day, Wednesday, January 25, 1996, Page 26, roll call, by showing Representative Broach voting "no" rather than "absent with leave".

                      COMMITTEE MEETINGS

AGRICULTURE

Wednesday, January 31, 1996, 3:00 pm. Hearing Rooms 3 & 4.

To be considered - HB 797, HB 1120, HB 1175

APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY

Monday, January 29, 1996, 1:00 pm. Hearing Room 7. HB 1012 Judiciary,

Public Defender; HB 1003 Higher Education Amended Corrected Notice

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Monday, January 29, 1996, 1:00 pm. Hearing Room 9. HB 1005 Office of

Administration; HB 1001 Public Debt

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Tuesday, January 30, 1996. Hearing Room 9 fifteen minutes after adjournment.

HB 1004 Dept. of Revenue

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Wednesday, January 31, 1996. Hearing Room 9 fifteen minutes after adjournment.

HB 1004 Dept. of Hwys. & Transportation, HB 1012 General Assembly

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Thursday, February 1, 1996. Hearing Room 9 fifteen minutes after adjournment.

HB 1012 General Assembly