Journal of the House

VETO SESSION

Second Regular Session, 91st General Assembly

FIRST DAY, Wednesday, September 11, 2002

Speaker Kreider in the Chair.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

On motion of Representative Crump, the House recessed until 1:15 p.m. to allow the House Members to attend the September 11^th Remembrance Ceremony.

The hour of recess having expired, the House was called to order by Speaker Kreider.

Prayer by Reverend Rudy Beard.

God of our Parents, we come before You with the memories that are ours, the troubling theme of terror in our land and in Your world. Yet gloom is not our mood. Defeat and despair are not the words for this hour.

Rather, in this hour of remembrance we are thankful, thankful for a strong nation. We are thankful for those who labor for our safety; all who wear the uniform of our nation, our state and our communities. We commend to Your Eternal care all those whose life was taken by terror and violence one year ago.

This day we ask Your blessings upon the Speaker and the men and women of this House. As these men and women fulfill their office, give them the grace of character; character that will lead them to speak and act in ways which honor our principles of Godliness, truth, justice and mercy.

And to You be glory and honor now and forever. Amen.

The Pledge of Allegiance to the flag was recited.

SPEAKER ADDRESSES THE HOUSE

One year ago today, events a thousand miles away, would forever change the way we look at ourselves, the world we live in and everything we hold dear--our freedoms, our democracy, and our way of life.

A cowardly enemy, filled with evil, carried out the vilest act of terrorism ever committed on American soil--taking wives, husbands, parents, sons, daughters and even entire families from us.

I remember standing here last year wondering what it all meant, trying to understand how anyone could harbor so much hatred, but even more so wondering what the impact would be to the people of our great nation.

I'm sure all of you remember where you were on that fateful day. We were all here in a Special Session working to address issues important to our senior citizens, farmers and working families of this great state.

On that day the importance of those issues were dwarfed by the magnitude of those two jets crashing into the twin towers in New York and into the Pentagon and in Pennsylvania.

While we watched tragedy unfold before our very eyes, and felt the need to be at home with our loved ones, this body did something no other legislature in the country did.

It stood firm--our democracy would not waiver.

Even in the face of an unknown enemy, even in the shadow of an uncertain future, we carried out our duty as representatives of the people of the great state of Missouri, we put the people's interests first.

The Missouri House of Representatives decided to send a message--terrorism will never be rewarded in our democracy.

You rose to the challenge and passed a comprehensive prescription drug package keeping a commitment to our seniors, modifying the state's livestock price discrimination law and approving another tax cut for working families.

At the time it was impossible to know if our choice to stay was the correct one, but today it is obvious it was the right thing to do. And I can truly say I have never been more proud to be a member of the Missouri House of Representatives.

Some think that we, as Americans, should spend this September 11th--a day of remembrance--in the company of family and friends. But here we are again, in this chamber going about the people's business.

I consider myself among family and friends this afternoon. We have faced many trials and challenges together, including the uncertainty we all shared one year ago today.

I am proud of this nation, I am proud of our great state and I am proud of this institution. We have a lot to be proud of, a nation that has become even more united in the face of adversity.

The strength and resolve of the American spirit has shined through every moment of every day brighter than ever.

Now, ethnic, cultural and political differences no longer matter--all that matters is that we are all Americans united.

And, as Americans we will ensure that those 3,241 Patriots did not die in vain.

May God bless all of you, and may God bless America.

RESOLUTION

Representative Crump offered House Resolution No. 1.

HOUSE RESOLUTION NO. 1

BE IT RESOLVED, that the Chief Clerk of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, inform the Governor and the Senate that the House is duly convened and is now in session in the 2002 Constitutional Veto Session and ready for consideration of business.

On motion of Representative Crump, Rule 63 was suspended and House Resolution No. 1 was adopted by the following vote:

MESSAGES FROM THE GOVERNOR

EXECUTIVE OFFICE

State of Missouri

Jefferson City, MO 65101

June 26, 2002

____________________________________

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1108 entitled:

"AN ACT"

To appropriate money for the expenses, grants, refunds, and distributions of the

Department of Public Safety, and the several divisions and programs thereof to

be expended only as provided in Article IV, Section 28 of the Constitution of

Missouri, and to transfer money among certain funds for the period beginning

July 1, 2002 and ending June 30, 2003.

Section 8.170

I hereby veto $84,550 federal funds for the Missouri State Water Patrol for a new lieutenant colonel position. Adding a position from federal funds would result in fewer federal funds being available for ongoing, operating expenses. Given the scarcity of general revenue funds statewide-and the critical importance of maintaining Water Patrol operations-such a redirection of federal funds would be unwise at this time.

Personal Service by $84,550 from $281,949 to $197,399

From $1,718,677 to $1,634,127 in total from Federal Funds

From $6,421,940 to $6,337,390 in total for the section.

On June 26, 2002, I approved said Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1108, except for those items specifically vetoed and not approved.

Respectfully submitted,

/s/ Bob Holden

Governor

____________________________________

June 26, 2002

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1111 entitled.

"AN ACT"

To appropriate money for the expenses, grants, and distributions of the Department

of Social Services and the several divisions and programs thereof to be expended only

as provided in Article IV, Section 28 of the Constitution of Missouri, for the period

beginning July 1, 2002 and ending June 30, 2003.

Section 11.085

I hereby veto $62,353 general revenue and $28,673 federal funds for two supervisors and associated expense and equipment related to presumptive eligibility. These positions are not necessary to the program and were not recommended in the Executive Budget.

Personal Service by $47,462 from $11,043,984 to $10,996,522 from General Revenue Fund.

Expense and Equipment by $14,891 from $4,580,152 to $4,565,261 from General Revenue Fund.

From $15,624,136 to $15,561,783 in total from General Revenue.

Personal Service by $21,826 from $28,645,833 to $28,624,007 from Federal Funds.

Expense and Equipment by $6,847 from $9,230,888 to $9,224,041 from Federal Funds.

From $37,876,721 to $37,848,048 in total from Federal Funds.

From $164,342,136 to $164,251,110 in total for the section.

On June 26, 2002, I approved said Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1111, except for those items specifically vetoed and not approved.

Respectfully submitted,

/s/ Bob Holden

Governor

____________________________________

June 26, 2002

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1112 entitled:

"AN ACT"

To appropriate money for the expenses, grants, refunds, and distributions of the

Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State,

State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys

and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the

State Public Defender, and the several divisions and programs thereof, and for the

payment of salaries and mileage of members of the State Senate and the House of

Representatives and contingent expenses of the General Assembly, including salaries

and expenses of elective and appointive officers and necessary capital improvements

expenditures; for salaries and expenses of members and employees and other

necessary operating expenses of the Missouri Commission on Interstate Cooperation,

the Committee on Legislative Research, various joint committees, for the expenses of

the interim committees established by the General Assembly, and to transfer money

among certain funds, to be expended only as provided in Article IV, Section 28 of the

Constitution of Missouri, for the period beginning July 1, 2002 and ending June 30,

2003.

Section 12.005

I hereby veto $181,815 for the Governor's Office. This veto is necessary to correct a bill drafting error.

Personal Service and/or Expense and Equipment by $181,815 from $2,185,981 to $2,004,166.

On June 26, 2002, I approved said Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1112, except for those items specifically vetoed and not approved.

Respectfully submitted,

/s/ Bob Holden

Governor

____________________________________

July 12, 2002

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Senate Committee Substitute for House Bill No. 1495, entitled:

"AN ACT"

To repeal section 130.016, RSMo, relating to elections, and to enact in lieu

thereof one new section relating to the same subject.

I disapprove of Senate Committee Substitute for House Bill No. 1495. My reasons for disapproval are as follows:

This bill attempts to raise the single contributor limit within section 130.016, RSMo,

to reflect the current contribution limits allowed under section 130.032, RSMo.

The bill does not, however, consistently raise the limits. Rather, they are raised from

$250.00 to $300.00 in some sentences and not raised at all in others. In addition,

the bill does not amend other current sections of law that suggest that the single

contributor limit is still $250.00. I have been advised by the Missouri Ethics Commission

that these technical inconsistencies will make it impossible to effectuate the

General Assembly's intent in passing the bill. I am compelled, therefore, to veto

this bill on technical grounds.

For all of the above-stated reasons for disapproval, I am returning Senate Committee Substitute for House Bill No. 1495 without my approval.

Respectfully submitted,

/s/ Bob Holden

Governor

____________________________________

July 12, 2002

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Substitute for House Bill No. 1748, entitled:

"AN ACT"

To repeal sections 247.030, 247.031, 247.040, 247.217, 247.220, 393.705,

393.847, 640.100, 640.620, 644.016, 644.036, 644.051 and 644.052, RSMo,

and to enact in lieu thereof twenty-one new sections relating to water resources.

I disapprove of Conference Committee Substitute for Senate Substitute for House Bill No. 1748. My reasons for disapproval are as follows:

This bill is similar but not identical to Conference Committee Substitute for

Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills 984 and 985

(hereinafter SB 984), which was also approved by the General Assembly during the

2002 session and signed into law on July 11, 2002.

One provision in both bills is section 640.825, which addresses the burden of proof

in appeals from decisions of the Department of Natural Resources (hereinafter DNR)

and the various commissions housed in that department. This section in both bills

places the burden of proof in appeals from certain decisions made by DNR and its

commissions on DNR or the commission. This section also places the burden of proof

on an applicant who appeals a denial of a permit, license, or registration. The bills

differ, however, in that this bill contains a clause within section 640.825 that SB 984

does not contain, which clause mandates that when a third party appeals the issuance

of a permit, license, or registration, or any term or condition thereof, the burden of proof

is on that third party.

This clause places an undue burden on the participating public when it appeals

the terms and conditions of a permit because it treats the third party appellant

differently than the applicant appellant. An applicant who appeals DNR's decision

or a term or condition thereof does not carry the burden of proof, whereas a third

party appealing such a decision does bear the burden. This change in policy may

have the effect of discouraging the public participation that benefits our environment

by ensuring that the decisions of DNR are submitted to public scrutiny. In sum, I

disagree that the third party participants should be placed at such a disadvantage

relative to other appellants.

For all of the above-stated reasons for disapproval, I am returning Conference Committee Substitute for Senate Substitute for House Bill No. 1748 without my approval.

Respectfully submitted,

/s/ Bob Holden

Governor

____________________________________

July 12, 2002

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Senate Committee Substitute for House Bill No. 1789, entitled:

"AN ACT"

To repeal sections 301.129, 301.131 and 301.453, RSMo, relating to special license plates,

and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

I disapprove of Senate Committee Substitute for House Bill No. 1789. My reasons for disapproval are as follows:

This bill amends section 301.129, RSMo, in an effort to reestablish an advisory committee

for the Department of Revenue to develop designs for a future re-issuance of Missouri's

license plates. Considering the current difficult fiscal environment, I do not believe it

is appropriate to anticipate a re-issuance of license plates. The last re-issuance of license

plates was done recently, in 1997. Cost estimates of a future re-issuance, furthermore,

suggest that it would cost in excess of $15 million to replace Missouri license plates. Missouri

citizens must be assured that state resources are being expended on our state's top priorities

such as education, health care, safe roads and bridges, and essential services. By vetoing

this bill, almost every other provision of which is contained in either Senate Bill No. 798

or House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1093,

both of which were passed by the General Assembly during the 2002 legislative session and

signed into law on July 3, 2002, we give the citizens of this state that assurance.

For all of the above-stated reasons for disapproval, I am returning Senate Committee Substitute for House Bill No. 1789 without my approval.

Respectfully submitted,

/s/ Bob Holden

Governor

HOUSE BILLS VETOED FROM THE

SECOND REGULAR SESSION

Speaker Kreider read the following House Bills vetoed from the Second Regular Session: CCS SCS HCS HB 1108, CCS SCS HCS HB 1111, CCS SCS HCS HB 1112, SCS HB 1495, CCS SS HB 1748 and SCS HB 1789.

MESSAGES 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 SR 1.

SENATE RESOLUTION NO. 1

BE IT RESOLVED by the Senate that the Secretary of Senate inform the House of Representatives that the Senate is duly convened and is now in session as provided by Section 32, Article III of the Constitution and is ready for the consideration of its business.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SR 3.

SENATE RESOLUTION NO. 3

BE IT RESOLVED by the Senate that the Secretary of Senate inform the House of Representatives that the Senate, having been duly convened as provided by Section 32, Article III of the Constitution, made no motion to override the Governor's vetoes of House Committee Substitute for Senate Bill No. 961; House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1070; House Committee Substitute for Senate Bill No. 749 and House Committee Substitute for Senate Committee Substitute for Senate Bill No. 980 when the bills were so called by the President.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, September 12, 2002.

Missouri House of Representatives