LAST-MINUTE FILIBUSTER ADDS TO THE FRUSTRATION

JEFFERSON CITY - After losing nearly nine hours of work time in the Senate due to a filibuster on the education tax package, members of the Missouri General Assembly will be trying to make up for lost time today. Adjournment is scheduled for 6 p.m.

Nearly all major issues - including the education tax package, workers comp, health care, and economic development - entered the final day of the session with floor action still required in at least one chamber.

After Sen. Fred Dyer, R-St. Charles, ended the filibuster at about 7:30 p.m., clearing the way for a vote on the education bill, the Senate began taking up a variety of bills to help get caught up. Because of the delay in Senate action, the House decided against having a planned night session.

Rep. Larry Thomason, D-Kennett, was critical of the senators for using stall tactics.

Said Thomason: "No citizen of the state is being served when a couple of maverick-minded senators prevent any issue from being voted on simply because their idea won't prevail."

But Sen. Peter Kinder, R-Cape Girardeau, said Dyer and Sen. Mike Reid, R-Hazelwood, were well within the rules of the Senate when they conducted the filibuster. "I am concerned about other issues, but the Senate has a long tradition of unending debate," said Kinder.

"There are senior Democrats in this chamber who would vote not to end the debate because tradition is that important to them."

Kinder, who voted against the education bill, said his fundamental concerns were not addressed by proponents of the bill and took the floor to urge his colleagues to wait and take the bill up in a special session.

The freshman senator pointed out that the court ruling which declared the present school foundation formula unconstitutional has not yet been acted on by the supreme court, and he complained that Gov. Mel Carnahan did not even present his plan to the legislature to deal with the problem until April 8 - 14 weeks into the session.

In addition, Kinder is concerned that passing a large tax increase for elementary and secondary education could eliminate the likelihood of there being increased funding available for higher education in the next few years.

Said Kinder: "This issue is important enough for us to come back in special session; we should come back and give it full and undivided attention."

He added, "I don't endorse the filibuster, but I understand the frustration that is coming on this issue."

Sen. Jerry Howard, D-Dexter, voted for the education bill, while Sen. Danny Staples, D-Eminence, voted for the conference committee report, but minutes later went "no" on final passage.

Kinder also expressed concern that the workers' comp bill voted out of conference will not properly deal with the problem. "I don't even know if the bill is worth passing," he said. "We passed an excellent bill in the Senate, but the trial attorneys got hold of it in the House and ate it up."

Legislators who the day before had predicted great things for the 1993 session, were much more guarded in their comments after work ground to a halt in the Senate.

"Where we were heading to perhaps our best session in years, we are now faced with trying to make up six or seven hours," said Senate President James Mathewson Thursday night. "I'm not sure if we can do that."

"The bad part about this filibuster is that we are killing legislation that people have worked long and hard for and that is important to the people of this state," said Mathewson. "But, I still believe this session is going to be a success."

Rep. Dennis Ziegenhorn. D-Sikeston, is concerned about good bills the filibuster may have killed.

"It is not totally fair for the bill to have two people tie it up like this," said Ziegenhorn. "The shame of it is while it is, is that a lot of good legislation is being killed with this procedure."

Rep. Marilyn Williams, D-Dudley, said she is concerned about how major legislation is normally left until the end, and with the filibuster, the major bills are in danger of not passing.

"I have seen so many pieces of bad legislation pass through at the last minute, and it is disappointing to see so much good stuff held up at the end," said Williams.

Rep. David Schwab, R-Jackson, shares her frustration about the tendency of lawmakers to deal with big issues at the end.

"It has always been frustrating to me now we've had all this time to deal with all these issues and we wait until the final days," said Schwab. "This is a good reason to do things earlier in the session and not put it off."

In the case of the education bill, Schwab said there likely would not have been a filibuster had the Democratic leadership in the House allowed members more time to consider possible revisions in the bill that would have made it more acceptable. Schwab said the approach was mainly one of take it or leave it.

Rep. Mark Richardson, R-Poplar Bluff, admitted the filibuster left the House with little to do Thursday but "work on Senate bills which in all likelihood will never become law. The day was basically wasted as far as effective legislation.

"There is a great deal of growing anxiety as the hours move on and issues like health care, workers comp, education and other issues we have worked on are still tied up. At the very least, it (filibuster) has effectively killed several pieces of legislation."

But Richardson pointed out the Democratic leaders in the Senate have enough votes to end a filibuster if they felt it was important enough to get to other issues.

"There is just as much blame that could be placed on the Democrats who control the body as the 2-3 senators who opposed the education bill this way," said Richardson. "Or, the bill could have been immediately laid aside, and the only result would have been a special session to deal with the issue. We can get a much better, fairer, responsible bill it this is dealt with in a special session."