Journal of the House

First Regular Session, 91st General Assembly

SECOND DAY, Thursday, January 4, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God, we stand to join our hearts in prayer as we acknowledge our great need of Your guidance.

You know the clamor of voices in the ears of these men and women of the House. They face daily those seeking to exert influence upon them. Some seek to influence them for the good, others for narrow self-serving causes.

Grant to these called by our people, Your guidance and the gift of patience as they serve the interests of the people of Missouri, and to You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the first day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 8

and

House Resolution No. 9 - Representative Miller

House Resolution No. 10 - Representative Crump

SECOND READING OF HOUSE JOINT RESOLUTIONS

HJR 1 through HJR 8 were read the second time.

SECOND READING OF HOUSE BILLS

HB 26 through HB 40, HB 42, HB 43, HB 45 through HB 50, HB 52 through HB 158, and HB 160 through HB 253 were read the second time.

ESCORT COMMITTEES

The Speaker appointed the following committee to escort Lieutenant Governor Joe Maxwell and members of the Senate to the House Chamber: Representatives Foley, Hollingsworth, Ford, Fraser, Franklin, Curls, Schwab, Burton, Froelker and Long.

The Speaker appointed the following committee to escort Governor Roger Wilson to the dais: Representatives Graham, Harlan, Farnen, Riback Wilson (25), Seigfreid, Copenhaver, Scott, Linton, Kelley (47) and Ross.

Representative Crump moved that Rule 114 be suspended.

Which motion was adopted by the following vote:

JOINT SESSION

The hour of the Joint Session having arrived, the Senate in a body was admitted and Lieutenant Governor Maxwell, presiding, called the Joint Assembly to order.

The Secretary of the Senate called the roll, which showed a majority of the Senators present:

The Chief Clerk of the House called the roll, which showed a majority of the Representatives present:

The Doorkeeper announced the approach of the Honorable Roger Wilson. The Governor was duly escorted to the House Chamber and the Speaker's dais, where he addressed the members of the Joint Session.

I am going to have fun this morning. Whether you do or not is your business. I want to thank you. I want to thank everybody for the 24 wonderful years of public trust. It has been unbelievable. Let me assure you that nothing ever changes--I got 4 requests for appointments just on my way up the aisle.

To Governor-elect and our statewide office holders, it is a pleasure to be here with you. For all of us, our families -- yours and mine and our supporters, our friends and constituents -- this is an amazing thing that we get to do. It is just wonderful. My apologies for my family -- each of them had an assigned duty today and are not able to be here, but we have already talked about it and I received some adequate coaching on this presentation, so I hope it goes well. I also want to thank the people of the State of Missouri who are an amazing group. I have never seen strength exhibited like I did during the Flood of '93 or in the recent tragedy. There are a lot of people who make our job easier. I am going to list some and I am going to miss some and I really apologize. This is a neat environment and for all you new legislators, welcome. It will be a great experience and I think you will find my words are true -- you are going to enjoy your personal staff. They will keep more hide on you than you ever realized. I appreciate everybody in this Capitol -- the maintenance people that make sure you and I have a beautiful place to come to work everyday. Those that work hard and pay their taxes, educate our kids and take care of our mentally ill; the Capitol Police, the Print Shop, the people in the cafeteria, House and Senate and Legislative Research that we rely on so much; the Senior Staff of both Houses and in the Governor's Office; Enrolling and Engraving; and our Doorkeepers, Chief Clerk, Secretary of the Senate, Senate Administration -- they really keep us glued together and make us look better than we deserve together. You know it and I know it.

Everybody is special, but we have a group that is assembled for a special reason -- the Governor's Youth Leadership Conference. They are seated right up here. I would ask that you recognize them. I would ask that they stand. Take a good look because when we are sitting on a nursing home porch in our rockers, they will be running this state. They are going to take great care of us.

I want to thank the press and I know you think I am just sucking up to you for a future run but that is not the case. I do want to thank them because information is golden, it really is and you know that we can talk about disinformation or bad information, but everybody can share a little guilt, but I especially want to thank them for the decorum that they exhibited during the funeral of Governor Carnahan. We dealt with them and they were perfect. They did a wonderful job and I wish you would thank them for that. They are mad at me this morning because they asked for a copy of the speech and John Robinson had to finally tell them, "well Roger hasn't finished writing it yet, so you don't get it". That is the only reason you don't have one.

I love the House and the Senate. I somewhat regret the fact that I didn't get to serve in the House because I certainly enjoyed enough of its raucous humor. A lot of it was at my expense, but I certainly enjoyed it and there is this energy over here that is amazing to watch and it is different from the Senate. I have had some wonderful friends in the House and I thank you so much for your friendship. I also appreciate the tough decisions that you have had to fight your way through and yes you will get some more this year. I regret that. I wish some of these things I or all of us collectively could have taken care of. Governor-Elect Holden has my best wishes and he will have my support. I will say it right now -- Bob Holden deserves everybody's support regardless of party lines. President George Bush deserves everybody's support regardless of party lines. We have got too much at stake whether it is opportunity or a threat to risk letting something important fall through the cracks because of a lack of civility or a mistaken importance of either pride or power. I hope that this General Assembly and this Governor will be able to work very well together.

For you young legislators, I have some warnings -- the minute you see a senior legislator stand up and start to tell about a conference committee that they were on about 20 years ago and get ready to quote, and every member of the conference committee is deceased -- just put your seatbelt on. You might want to revamp your approach if you get a consent bill killed. One of my favorite lines uttered in the Missouri Senate was "Senator, I will never lie to you on the floor". And another of my favorite lines was uttered by Senator Henry Melton. Senator Melton had worked and worked on a Social Services Bill to get it amended. He still didn't like it and probably wasn't going to vote for it. The sponsor who had suffered all of the amendments, finally said, "Senator isn't that good enough?" and he shrugged and said "bad breath is better than no breath at all".

You are going to suffer some embarrassments. That is why you are here, so just get used to it. This is a fishbowl. You are in the public eye and none of us are perfect. Let me share a couple of my embarrassing moments. One happened not too many years ago. I was down at the Capitol Plaza Hotel and I noticed several House members in the audience. So I started naming a few and I thought 'oh this is going to be kind of bad'. I got about 8 or 10 named and I said now have I missed anybody. About 18 hands went up. You can weather that stuff, as long as you have a sense of humor, you can stand your own frailties and I encourage you to think about that.

On government, I've always looked at it in a couple of ways, but one that's never changed is that we have some producers and we have users -- users by necessity, but nonetheless, users. The producers are our manufacturers -- our retailers, the people that we can reach through economic development, helping with tax credits or anything else.

Agriculture, you guys did some great things last year and I look forward to the funding of some innovative agricultural themes this year. That's going to help. If you really want to do something to help agriculture that's what you're going to do is make sure that funding gets in there. Because some of these new co-ops out here that are trying to help the family farms make it need our support. And, maybe it's not enough right now but, boy, it's a good start. So, you keep it up and you keep going there.

Tourism -- Senator Danny Staples will be introducing a Senate bill to enhance the tourism formula and I am making a personal request that you pass that legislation and that you enhance the formula. Because I have never seen a better marriage. What I've seen between the industry, the legislature, the public and the division of tourism -- it's just fantastic. You put them on a production basis a few years ago with House Bill 188, and they've done a marvelous job. And that board is one of the best boards in the state. So, if you would (not that Danny needs any help) give Danny all the help you can on that. I would hope that a House member on the Tourism Committee would introduce that too. It makes sense. It makes sense because when ag. produces, when tourism produces, when manufacturing and retailing produce -- then you can take care of mental health, school children, seniors, corrections. But, we've got to have them strong and I think you can do a few things this year that will really tweak that in a wonderful form.

I sent all of you a letter on Aging. I don't know if you've gotten it yet -- I don't know if you've read it yet. But, obviously I believe very strongly that aging has had some problems in the past and I think we ought to address them. And I had some choices; I could have just done some housekeeping and gone on. But, I'm not going to look back on my career and think -- Rog, you were there for two and one-half months -- why didn't you do something about it? So, I'm asking you to help me move the Division of Aging from Social Services (which is overcrowded) to the Department of Health, which has some very nice horizontal connections in it. And, let's help both departments. Give Social Services some breathing room and give Aging some more attention at the Governor's table. Because, I truly believe in about six to eight years, when baby-boomers become senior-boomers, you and I could have a problem very similar to what we have now with highways, that we're going to wrestle with and bring to the ground somehow. But, I don't want another one coming right behind it just as soon as you get that done. Let's give ourselves a chance for some elevation of senior issues, and get those things debated, get them heard at the budget level and the Governor's table level, so that they don't sneak up on us in a few years. If you need a little more proof of the pudding, for those of you that are new, we've had 14 directors in 20 years. That's an abysmal record. That's no concentration. That's no consistency and we need to change it. It wasn't written there. I just thought that all up on my own.

I would like to see a few efficiencies in the budget too. I've heard that the hiring freeze is me trying to make sure that Bob's got some slots to fill. (See, I listen to the radio, Merrill -- and I love you.) But, I'm telling you; you have a little bit different budget to deal with this year. And, after you've wrestled with it for a couple of months you're going to realize that. And, it's not going to be as much fun as some of the other years have. But, it's something I noticed when I was appropriations chairman and I think we ought to re-institute it every now and then. My proposal today would be to reduce the FTE number, starting today, by 500 people. That's not big -- out of 60,000 -- but it's significant. And, I'll tell you right now, I'm probably taking the easiest 500 and Governor Holden is going to be left with some tougher decisions. So, don't think it's all done even if we get this done. It will free up some money, and, yes, we're having trouble with revenues meeting expectations. Hopefully, that's going to improve and we'll keep a closer eye on it. But, I think this kind of flexibility is important for budgetary reasons. But, I also think that the people that ought to control how many places sit vacant, or how many people you actually allow to a department, are the people that receive the votes. Whether it's in the executive branch or the legislative branch, and I don't think the padding (and I'm not demeaning any department heads) needs to be there. I think you are the ones that need to assign those resources. And, so, when these 500 are cut (and by the way, those are vacancies) I told you they were the easiest ones. I would like you to take some of that money and plow it back into a few of those departments because the reason for some of those vacancies is because the pay is so low, and the work is so hard with direct services (whether mentally ill or others) that we just can't keep people hired. So, if we really want to serve the people that we're actually talking about serving, then let's get serious about it and let's try to get people on hand to help take care of them. And, if we have to raise a few salaries then I think we ought to do it.

While I'm on state workers -- I have a real strong feeling that they/we all have an obligation -- if we actually think we can run a democracy -- if we're not good, we better get good. And that goes for everybody (myself included) to the newest employee of the state. And I think we've had a pretty good attitude for the last eight years in trying to bring people out and do that. I hope that can continue because it's going to be very important for this next administration. I also want to say that a lot of state employees have jobs that you and I would not take. We wouldn't have them -- we wouldn't even apply for them. I don't think it's fair to use them as punching bags when they are out there working in the Biggs Unit, when they're out there on a highway (and the highest mortality rate in state government is highway workers out there). I know it's easy to kick around, let's just don't do it -- let's just don't do it. If you really want to build a team spirit, you have to lift people up. And you have to tell them when they come into those appropriation hearings, or when they come into your senate and house hearings you have to ask them legitimate questions about "how are you going to get it done?". And, we always do that, but I also know we also take some "pot shots", and, yes, I'm guilty. Let's slow it down, let's give them a chance and let's encourage them. Because I've seen some great work out of them, I've seen them do some great things and I think they deserve better than some of what they've gotten in the past and for that I apologize.

Now, this is a little fun thing I want to do. And it only cost about $30 million. Back in 1918 when the Capitol was complete there's a drawing of a riverfront entrance, and it's gorgeous. As a matter of fact, Senators already have a copy of that, along with some supporting documents on their desk that they'll receive when they get back. And, as soon as this speech is over each of you will receive a packet. But, a river museum will do several things that I would like to encourage you to do. It would provide more office space close to the Capitol. Possibly with an entrance that you don't have to go outdoors to use. It would provide more parking. It would provide a place for school children to come in and be weather-covered on Amtrak. It would provide a place for us to memorialize Lewis and Clark, which is coming up in 2003. And, it you would grant me this, I would request that a portion of that space be taken up for a memorial to Governor Carnahan. It is beautiful, and it is expensive, and I really feel guilty about coming to you and talking about money when I don't have the source in hand. All I can tell you is I will try to help. It's something that's worthy. It's something that our constituents would enjoy. It's a way you can help tourism. But, more importantly, it's something that will make us more efficient and make Missouri prouder of their seat of government. I hope you enjoy looking at that package. It enthused me the first time I saw it and I hope it enthuses you.

All right, now is the time on the program for a couple of rants. I've noticed that in my speech pattern. And, there are certain things that I really don't have a solution for exactly, but they really burn me up so I want to get everybody thinking about them. Griping has become a national past time. That's the kind of thing we can fall into. Why has it become a national past time? Because we've got it so good. How many people in here have lived in a house without electricity? How many people in here have lived in a house without indoor plumbing? Do we have it good? Yeah, we have it good -- we have it great. So, what have we done with our spare time? We fill it with a little griping. Let's change it and let Missouri be the point of impact. Let's really let that happen. Okay, I'm feeling better -- that's good.

Educational peeves -- I don't want teachers blamed for educational problems that have nothing to do with them. A fifty-percent divorce rate and a drug problem are not caused by teachers. They are absolutely our front line on trying to fight a lot of that. Let's try to give them some real help. We've passed laws to punish people that misbehave around the school but I think we're going to have to figure out (even with the safe schools act) how is it that you and I show our support of those teachers? And, you know what, that's not where the real responsibility lies. Pat and I tell the teachers of our children that they're right. And, even if they're wrong, our children have the obligation to be smart enough to figure out how to get along in that classroom so 28 other people's education isn't interrupted. And, until we start giving them that kind of support then let's don't look at teaching or the administration or the legislature. This is something that is the job of 5.4 million people. And if we can handle the Carnahan tragedy and if we can handle the flood of '93, then shame on us for not being able to handle this. Okay, this guy's writing is terrible.

On higher education -- taxpayers, legislators, governors, are working their heads off to try to fully fund higher education. Look what you've done with the A+ program, look what you've done with bright flight. Look what you've done in community colleges. You talk about neat, I didn't think that was possible when I came here in '79. You have done some remarkable things and we can do some more. And, I want you to keep trying. But, I do want to correct the thought process too. I've spoken on several university campuses and I've always dropped this bomb there but I want to drop it here today publicly, too. I've asked a lot of people -- how many people are getting public assistance with your education? Well, unless they have a student loan or are getting a scholarship or something they don't raise their hand. There is a misunderstanding -- there is a misunderstanding. I've had to tell college group after college group after college group that you go out there and thank the person that's running the convenience store that may only have an eighth-grade education because they go to work every day and help pay for your education. And, we've lost the message someplace and it's got to get back. A lot of people think tuition is going through the roof. Not that we have an ungrateful group of students -- this group is capable of running the world. But, you know what, there's too few thank you's in this word especially to unrecognized taxpayers and voters. And that's one way to do it. I think a college student ought to walk out and tell that person thank you -- just ad hoc -- it would be fun. Now, you've been nice oh, don't forget, Schneider for judge.

Let me thank you for all of the hospitality and kindness that you've extended to me and my family over all these years. And, if you really want to thank me you just take good care of your family. That would be a great thank you. And, take care of this big family that we've got that have selected and sent you here. I've said it before, the flood of '93 just showed me something that totally amazed me. It was unbelievable to see the amount of strength that this state had. And, the respect and strength that I saw during Governor Carnahan's funeral. And, even now, Bob can feel it and I can feel it -- we can all feel it. There is a respect and reverence here that I hope that we can maintain because it's really going to be good for us. It's going to help us maintain the civility that we need. But, I also observed something that just amazed, because I'm ashamed to say it, even to my 52^nd year I took it for granted. What we were thrown into was an unbelievable circumstance. And, the thing that caught all of us, and part of the strength of our state, was our Constitution. I'd always had an admiration and respect for it, but I'd never had an understanding of how it could perform. You and I are of a generation that has now seen it perform. So, protect it, improve it if we can, but I think you can rest easy at night -- this 200 years of democracy that we've lived through has us so well protected. And, all we have to do it protect it. Thank you and goodbye.

The Joint Session was dissolved by Lieutenant Governor Maxwell.

Speaker Kreider resumed the Chair.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 9, introduced by Representatives Linton and Lograsso, relating to the state board of education.

INTRODUCTION OF HOUSE BILLS

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

HB 254, introduced by Representative Kelly (27), relating to delivery of prisoners.

HB 255, introduced by Representative Kelly (27), for the sole purpose of increasing access to birth records by adopted adults.

HB 256, introduced by Representative Bonner, relating to disclosure of prior methamphetamine activities on certain real property.

HB 257, introduced by Representative Wagner, relating to public retirement systems.

HB 258, introduced by Representatives Koller, Clayton, Hampton and Relford, relating to certain weapons offenses.

HB 259, introduced by Representatives Koller and Hampton, relating to restrictions on reintroducing wild elk.

HB 260, introduced by Representatives Kennedy, Haywood and Dougherty, relating to compensation and employment benefits of police officers in certain cities.

HB 261, introduced by Representative Linton, et al, relating to promotion of children's reading skills.

HB 262, introduced by Representative Linton, et al, relating to certain public school records.

HB 263, introduced by Representative Linton, et al, relating to required consent for student psychological testing in certain cases.

HB 264, introduced by Representative Linton, et al, relating to the power of local school boards to allow the posting of certain historical documents regardless of religious content.

HB 265, introduced by Representative Hosmer, relating to death penalty.

HB 266, introduced by Representative Treadway, relating to real estate agents and brokers.

HB 267, introduced by Representative Treadway, relating to licensure of design professionals.

HB 268, introduced by Representatives Legan and Kelly (27), et al, relating to the enforcement of age restrictions on the sale of tobacco products.

HB 269, introduced by Representative Legan, relating to the repossession of motor vehicles on behalf of a financial institution.

HB 270, introduced by Representatives Legan, Champion, Boucher, Smith and Farnen, relating to votes taken at public governmental bodies meetings.

HB 271, introduced by Representatives Fraser, Merideth, Berkowitz, Davis and Hagan-Harrell, et al, relating to retention and recruitment of teachers.

HB 272, introduced by Representative Froelker, relating to court pleadings and forms.

HB 273, introduced by Representative Fraser, et al, relating to membership on the state board of education.

HB 274, introduced by Representative Shields, relating to inclement weather exceptions for mandatory days of school attendance.

HB 275, introduced by Representatives Relford, Seigfreid and Davis, relating to a MO-AG Businesses license plate.

HB 276, introduced by Representatives Relford, Seigfreid and Merideth, relating to records kept by the state highway patrol.

HB 277, introduced by Representatives Myers, Black, King, Luetkemeyer and Legan, relating to crimes.

HB 278, introduced by Representatives Myers, Black, King, Luetkemeyer and Legan, relating to drug regulations.

HB 279, introduced by Representatives Shoemyer, Copenhaver, Jolly, Farnen, Clayton and Wiggins, relating to supplemental newborn screening.

HB 280, introduced by Representative Hoppe, relating to the provision of medical transportation services.

HB 281, introduced by Representative Walton, relating to elections.

HB 282, introduced by Representative Walton, relating to elections.

HB 283, introduced by Representative Ward, authorizing the governor to convey certain property in St. Francois County which is part of the Southeast Missouri Mental Health Center to the American Legion.

HB 284, introduced by Representative Hosmer, relating to criminal procedure involving mentally retarded individuals.

HB 285, introduced by Representatives Riback Wilson (25), Johnson (61), Farnen, Ostmann, Campbell, Bray and Coleman, et al, relating to Missouri centers of excellence in women's health.

HB 286, introduced by Representative Smith, relating to refunds of incorrectly collected sales tax to original purchasers.

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 adopted HCR 1.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the following Senators have been appointed to act with a like committee from the House pursuant to HCR 1. Senators: Carter, DePasco, House, Klarich, Rohrbach, Russell, Sims, Stoll, Westfall and Wiggins.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 6:00 p.m., Sunday, January 7, 2001.

HOUSE CALENDAR

THIRD DAY, SUNDAY, JANUARY 7, 2001

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 9

HOUSE BILLS FOR SECOND READING

HB 254 through HB 286

Missouri House of Representatives