House Journal - Day 004

[CORRECTED]

Journal of the House

Second Regular Session, 90th General Assembly

FOURTH DAY, Tuesday, January 11, 2000

Speaker Gaw in the Chair.

Prayer by Reverend Rudy Beard.

Our Kind and Gracious God, keep us all working at the questions of life and justice that are before our state.

Bless the men and women of this House. May they represent Your truth in their actions.

They are dealing with tough issues. They are facing tough questions. They are being pulled by tough forces.

Grant to them the gift of discerning hearts and minds, so they may act wisely and to know Your peace; and to You be glory and honor, forever. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Page for the Day, to serve without compensation: Max Colburn.

The Journal of the third day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 23 - Representative Bartelsmeyer

House Resolution No. 24 - Representative McLuckie

House Resolution No. 25 - Representative Patek

House Resolution No. 26 - Representative McClelland

House Resolution No. 27 and House Resolution No. 28 - Representative Hagan-Harrell

House Resolution No. 29 - Representative Ross

House Resolution No. 30 - Representative Green

SECOND READING OF HOUSE BILLS

HB 1374 through HB 1382 were read the second time.

MESSAGE FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following committee to act with a like committee from the House pursuant to HCR 1. Senators: Schneider, Caskey, Howard, Maxwell, Wiggins, Jacob, Ehlmann, Kenney, Kinder and Klarich.

Representative Crump moved that Rule 114 be suspended.

Which motion was adopted by the following vote:

AYES: 156

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boucher Boykins Bray 84 Britt

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Enz Evans Farnen Fitzwater Foley

Ford Foster Franklin Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Linton Lograsso Long Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna Merideth Miller

Monaco Murphy Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Ridgeway Riley Rizzo

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Stokan Summers Surface

Thompson 72 Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker

NOES: 002

Bennett Elliott

PRESENT: 000

ABSENT WITH LEAVE: 005

Kasten McLuckie Robirds Smith Thompson 37

JOINT SESSION

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

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

AYES: 32

Bland Caskey Childers Clay DePasco

Ehlmann Flotron Goode Graves House

Howard Jacob Johnson Kenney Kinder

Klarich Mathewson Maxwell Mueller Quick

Roharbach Russell Schneider Scott Sims

Singleton Staples Steelman Stoll Westfall

Wiggins Yeckel

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 001

Bentley

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

AYES: 155

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher Boykins Bray 84

Britt Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Crawford Crump

Curls Davis 122 Davis 63 Days Dolan

Dougherty Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Froelker Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gunn Hagan-Harrell Hampton Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Linton Long Loudon Luetkemeyer

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna Merideth Miller Monaco

Murphy Murray Myers Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Phillips Pouche Pryor Purgason

Ransdall Reid Reinhart Relford Reynolds

Richardson Ridgeway Riley Rizzo Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Skaggs Stokan Summers Surface Thompson 72

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 008

Gross Hanaway Kasten Lograsso McLuckie

Robirds Smith Thompson 37

The Doorkeeper announced the approach of the Chief Justice of the Supreme Court, The Honorable William Ray Price, Jr. The Chief Justice was duly escorted to the House Chamber and the Speaker's dais, where he delivered the following message to the Assembly in Joint Session.

STATE OF THE JUDICIARY ADDRESS

Chief Justice William Ray Price, Jr.

January 11, 2000

Mr. Speaker... Mr. President... Members of the General Assembly,

On behalf of the judges of the state of Missouri, it is a pleasure and an honor to deliver this 27^th State of the Judiciary address. As we stand on the threshold of the twenty-first century, it is appropriate for us not only to speak of today's issues, but to consider our past and the future, as well.

We have come a long way from the time of pioneers in long boats and covered wagons. What was a wilderness purchased from France in 1803 is now the thriving heartland of America. What was a land of lawlessness is now a state in which the fair and equal application of law prevails.

As a people seeking justice we have made great progress over the years. In 1820, when Missouri's first Supreme Court was established, slavery was legal and women were not allowed to vote. In the mid-1800's the state was divided by a civil war and fear for life and property was the rule not the exception. Today the full protection of the law extends to all people regardless of religion, race, or gender and our courts enjoy the service of increasing numbers of African-American, Hispanic, and women judges. Although we still have a long way to go, this is a tremendous accomplishment in which we can all share joy and pride.

Another significant accomplishment for Missouri over the past century was the adoption in 1940 of the Missouri Plan for the appointment of judges. The Plan minimizes the harmful influence of partisan politics on judges while still holding judges accountable to the people. The wisdom of this plan is attested to by thirty-six states and the District of Columbia which have modeled their own plans after it. Missouri was the leader of our nation in this important step.

In just this past decade, our courts have continued to strive for improvement. As judges, we imposed time standards on ourselves and participated in a program of judicial transfers to more promptly resolve our cases. The courts were opened to electronic media. Family and drug courts were established. We began the statewide automation of our courts. The first woman and the first African-American were appointed to the Missouri Supreme Court. But, throughout all of this change, our focus has remained steadfast upon resolving the disputes of our citizens. Justice is our first priority. The delivery of justice in a timely and efficient manner.

It is difficult to measure the quality of justice. Often that measurement is shaped by the eye of the beholder, relative to his or her particular interest. But, I can tell you without hesitation that we are resolving the cases that come to us as promptly and efficiently as possible.

Unlike other states, we have no great delays in providing court dates for trials. This past year 962,986 cases were filed in our circuit courts. That is up from the year before and an increase of almost 20% from 1993. Our caseload is steadily increasing. But, the vast majority of cases in Missouri are resolved in less than two years and many within one year. Here are the hard numbers:

80% of circuit court civil cases are disposed within 18 months

90% of domestic relations cases are disposed within 1 year

97% of associate civil cases are complete in 1 year, and 89% are complete within 6 months

87% of circuit court felony cases are completed within 8 months.

Two key factors helped us achieve these results. First, in 1993, we adopted "time standards" to provide guidelines within which litigants could expect to have their cases heard. These standards encourage judges to keep track of how long a case has been pending and to resolve cases promptly.

Second, we pursued a more aggressive program of judicial transfers. We asked sitting judges and senior judges to increase their assistance to circuits with heavy dockets. Since 1994, judges have worked over 40,200 days and handled over 10,700 cases on judicial transfer.

Although both of these programs were controversial at first, they worked. Again the numbers tell the story.

In 1993, the first year time standards took effect, more cases were disposed of than were filed, something that had not happened in recent history prior to that time.

Since 1993 although case filings have increased by nearly 20%, the number of pending cases increased only 12.2%.

Since 1997, in each and every one of the five case categories, the time necessary to process cases has decreased.

Of course, none of this could have happened without the hard work and dedication of the men and women who are judges in Missouri. And, it could not have happened without your support and cooperation in providing necessary funding. We recognize that you have provided us with scarce resources and we are proud that despite an increasing workload our portion of the state's budget is less than 1% of total state expenditures.

As you begin this legislative session, there are a number of issues that are important to the judiciary: the proper role for judicial commissioners, the method of appointment of circuit court clerks, increased compensation for jurors, family court enhancements and criminal justice reforms. All received considerable attention last year and all will be debated again this year. I do not have time during these remarks to address each of those issues because there are two other issues I need to discuss in detail.

The first is our joint effort to create a statewide system of court automation. This has been an ambitious and difficult undertaking, but it is absolutely necessary if we are to provide timely and efficient service in the years to come. Our court system must keep up with the rest of Missouri.

When we began this project five years ago many county courts had no automation. Courts in our larger counties that had automated systems could not be linked to the rest of the state and some suffered potentially fatal Y2K problems. With your assistance, a committee was formed and began to design a single integrated system that would meet the needs of all of the courts of this state. The goals for the new computer system were increased efficiency, improved public access, and better management.

Implementing this new technology, as might be expected, has not been cheap or easy, but we have made significant progress. Today we have an information system that allows communication among all of the judicial circuits in the state. One hundred percent of appellate and circuit court judges, as well as nearly ninety percent of associate circuit judges and circuit clerks have access to the system. Case management software is working in divisions of the Barton, Boone, Cole, Franklin, Jackson, Montgomery, Platte, St. Charles, Taney and Warren county courts as well as in all three districts of the Court of Appeals and in the Supreme Court. At the end of Fiscal year 2000, 31% of the state's caseload will be managed by this software, serving 41% of the state's population. We particularly thank the court staffs, lawyers and citizens of Montgomery and Jackson counties for serving as pilot sites. They suffered the inevitable wrinkles that needed to be discovered before they could be ironed out.

At this time forty-two courts are requesting implementation of the case management system. The speed with which we will be able to grant these requests and time within which we will be able to complete our state wide objectives will depend upon the amount of funding you provide.

Last year you provided $6.1 million of funding. With this money case management software has been installed in seven courts with Y2K problems and in seven additional courts as well. By the end of the year we hope to complete installation of case management software in twenty-three courts.

This session we are requesting funds to install the case management software in another twenty to forty courts and to continue development of the system. We understand that this will be a tight budget year and additional resources for any project will be limited. We want you to understand that we are thankful for the support you have given us for this project. We will do the best we can to continue this vital work throughout the state as quickly as funding allows.

Drug courts are another priority of the judiciary. Seven years ago the first drug court was established in Jackson County. Two years ago a task force of the judicial conference recommended and you passed a bill authorizing drug courts statewide. Today twenty-two drug courts are in operation in Missouri with another seventeen in planning stages.

The benefits of drug courts are clear. Instead of sending a non-violent drug offender to prison, he or she is provided treatment under judicial supervision. Cost savings are substantial and the likelihood of rehabilitation is greatly increased. Statewide we have had 869 individuals graduate from drug court with only 34 being rearrested or convicted for new crimes. This represents roughly a 4% recidivism rate compared with a rate of 45%, or greater, for drug offenders who have not graduated from drug court. Drug courts are the right and the efficient thing to do.

Drug courts also have a place outside of the adult criminal system. Jackson and Newton counties are initiating family drug courts. Juvenile drug courts have been established in Newton and Scott counties and Saint Louis City. A number of other counties are planning for juvenile and family drug courts as well.

The primary cost of drug courts is providing treatment and supervision to the participating individuals. Presently, the funding for this treatment is spread among a number of state agencies and is not formally coordinated. Most of the treatment money is channeled through the Department of Corrections and can only be used for adult felony offenders. This money is not available for family drug courts or the treatment of juveniles. We should have a system that is more flexible to the needs of Missouri. A mother struggling to keep, or regain, custody of her children or a troubled juvenile trying to stay in school needs and deserves treatment just as much as an adult charged with a felony.

To solve this problem the Judicial Conference is asking that you establish a drug court commission to coordinate and to administer all moneys allocated to drug courts. The commission would include members of the various state agencies involved in drug treatment issues, the Department of Corrections, the Department of Social Services, the Department of Public Safety, the Department of Mental Health, and the courts. The commission would coordinate all state funding for drug courts, whether adult, family, or juvenile. This will allow for the full utilization of treatment moneys where they are most needed and establish a central source for evaluation and management of drug court programs state wide. I urge you to seriously consider this proposal.

Finally, just a brief thought about the future. If we have learned anything from the past, it is that the foundation for the future is change. Change in technology, change in issues and interests, change in leaders. To serve the people of Missouri well, we in state government will have to identify and resolve the changing problems of each new day under ever-increasing public pressure and with ever- increasing speed. But if we are to serve the people of Missouri well, we will also have to resolve the problems of each new day in accordance with the virtues of our past. Between 1922 and 1924, 14 of those virtues were carved into the walls of this very chamber; knowledge, liberty, equality, law, justice, fraternity, education, progress, honor, truth, virtue, temperance, enterprise, and charity. If we remain true to these virtues, regardless of what problems lay ahead, the state of Missouri can look forward to a future even greater than its past.

Thank You.

The Joint Session was dissolved by the Lieutenant Governor.

Speaker Gaw resumed the Chair.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 5, introduced by Representative Dougherty, urging the United States Congress to amend the Employee Retirement Income Act of 1974 (ERISA).

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 57, introduced by Representative Farnen, relating to regular appearances of the governor before the house of representatives.

INTRODUCTION OF HOUSE BILLS

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

HB 1383, introduced by Representative Bray, relating to employee rights.

HB 1384, introduced by Representative Bray, relating to certain civil actions for discrimination.

HB 1385, introduced by Representatives Foley and Levin, relating to restitution to victims of the Nazi holocaust.

HB 1386, introduced by Representatives Britt, Farnen, Gaw, Kreider, Crump, Days, Murray, Hosmer, Williams (159), Backer, Bray and Hoppe, et al, relating to financial exploitation of the elderly or disabled.

HB 1387, introduced by Representative Lakin, relating to child passenger restraint systems.

HB 1388, introduced by Representatives May (108) and O'Toole, relating to removal of a corporate trustee.

HB 1389, introduced by Representative Blunt, relating to income taxation.

HB 1390, introduced by Representative Blunt, relating to income taxation.

HB 1391, introduced by Representative Kreider, relating to building codes in certain counties.

HB 1392, introduced by Representatives Kreider and Reid, relating to health insurance for the working poor.

HB 1393, introduced by Representatives Scheve, Days, Barry, Dougherty and Carter, et al, relating to a newborn visitation program.

HB 1394, introduced by Representatives Murray, Troupe, Foley, Leake, Chrismer, Gaw, Skaggs, Hickey and Carter, et al, relating to a temporary exemption from state and local sales and use tax on retail sales of clothing before the start of the school year.

HB 1395, introduced by Representatives Robirds, Kreider and Graham (24), et al, relating to noxious weeds.

HB 1396, introduced by Representative Farnen, relating to certain representatives on college and university boards.

HB 1397, introduced by Representative Skaggs, relating to capital improvement reserve funds in third class cities.

HB 1398, introduced by Representatives Relford, Barnett, Smith and Seigfreid, et al, relating to aiding the escape of a prisoner.

HB 1399, introduced by Representative Seigfreid, relating to a civil air patrol license plate.

HB 1400, introduced by Representative Fitzwater, relating to assistance to the elderly and disabled.

HB 1401, introduced by Representatives Ladd Stokan and Kelley (47), relating to tax relief for shared care.

HB 1402, introduced by Representatives Townley, Gratz, Sallee, Berkstresser, Reinhart, Hegeman, Froelker and Williams (121), et al, relating to property rights.

HB 1403, introduced by Representatives Hosmer, Parker, Smith, Harlan, Monaco, Clayton, Britt, May (108) and Kreider, relating to circuit courts.

HB 1404, introduced by Representatives Hosmer, Wagner, Britt and Parker, relating to sentencing.

HB 1405, introduced by Representatives Scheve and McClelland, relating to funding for early childhood screenings.

HB 1406, introduced by Representatives Scheve and McClelland, relating to funding for parents as teachers programs.

HB 1407, introduced by Representatives Scheve and McClelland, relating to school-term calendars.

HB 1408, introduced by Representatives Scheve and McClelland, relating to reciprocal certification of teachers from other states.

HB 1409, introduced by Representatives Scheve and McClelland, relating to alternative education programs.

HB 1410, introduced by Representatives Scheve and McClelland, relating to the duty to report certain criminal acts by students to school districts.

HB 1411, introduced by Representatives Ladd Stokan, Graham (24), Howerton, Hartzler (124) and Boucher, relating to assistive technology.

HB 1412, introduced by Representatives Graham (106), Farnen, McClelland and Hosmer, relating to Missouri lifelong learning month.

HB 1413, introduced by Representative Treadway, relating to dental hygienists.

HB 1414, introduced by Representative O'Toole, relating to underground facility safety and damage prevention.

HB 1415, introduced by Representatives Mays (50), Burton, Hegeman, Leake and Griesheimer, et al, relating to taxation and fees for energy services.

HB 1416, introduced by Representatives Green and Rizzo, relating to regulation of business opportunities.

HB 1417, introduced by Representatives Dougherty, Riback Wilson (25) and Lakin, et al, relating to the division of family services.

HB 1418, introduced by Representatives Dougherty and Carter, et al, relating to health insurance coverage.

HB 1419, introduced by Representatives Dougherty, Clayton and Hartzler (124), et al, relating to unclaimed lottery prizes .

HB 1420, introduced by Representative Dougherty, et al, relating to the enactment of the children's product safety act.

HB 1421, introduced by Representative Dougherty, et al, relating to relocation.

HB 1422, introduced by Representatives Dougherty, Selby, Luetkenhaus and Boucher, et al, relating to lead abatement.

HB 1423, introduced by Representative Dougherty, et al, relating to property tax collection.

HB 1424, introduced by Representative Dougherty, et al, relating to lead abatement projects.

HB 1425, introduced by Representatives Dougherty and Lakin, et al, relating to political subdivisions.

HB 1426, introduced by Representatives Shields, Patek, Scott, Naeger, McClelland, Gibbons and Pryor, et al, relating to the Kansas City education renewal commission.

HB 1427, introduced by Representative Hosmer, relating to the protection of certain children.

HB 1428, introduced by Representatives Hickey, Secrest, McLuckie, Wagner, Reynolds, Green, Davis (63), Bonner and O'Connor, et al, relating to a permanent memorial for workers killed or injured on the job.

HB 1429, introduced by Representatives Schwab and Kasten, relating to Missouri veterans' homes.

HB 1430, introduced by Representative Schwab, relating to the consumer telephone privacy act.

HB 1431, introduced by Representatives Treadway, Hegeman, Foley and Holand, et al, relating to physician assistants.

HB 1432, introduced by Representatives Relford, Richardson and Naeger, relating to license plates.

HB 1433, introduced by Representatives Hollingsworth, Gaw, Fitzwater and Gambaro, et al, relating to sale of tobacco products.

HB 1434, introduced by Representative Skaggs, relating to regulation of amusement rides.

HB 1435, introduced by Representative Skaggs, relating to boxing and wrestling.

HB 1436, introduced by Representative Patek, relating to the gaming commission fund.

HB 1437, introduced by Representative Hickey, relating to sales tax.

HB 1438, introduced by Representatives McLuckie, Fraser, Bray, Shelton, Hilgemann, Harlan, Riback Wilson (25), Days, Williams (121) and Davis (63), et al, relating to human rights.

HB 1439, introduced by Representatives Rizzo and Ross, relating to disposal restrictions and recycling of certain items.

COMMITTEE CHANGES

The Speaker submitted the following committee changes:

Representative Boykins is no longer a member of the Appropriations - Health and Mental Health Committee.

Representative Carter is no longer a member of the Fiscal Review Committee.

Representative Carter is no longer a member of the Banks and Financial Institutions Committee.

Representative Thompson (72) has been appointed Vice-Chair of the Fiscal Review Committee.

Representative Wilson (42) has been appointed a member of the Ways and Means Committee.

Representative Riley has been appointed a member of the Banks and Financial Institutions Committee.

Representative Gambaro has been appointed a member of the Appropriations - Social Services and Corrections Committee.

WITHDRAWAL OF HOUSE BILLS

January 11, 2000

The Honorable Steve Gaw

Speaker

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Speaker:

I respectfully request that HB 1164 and HB 1385 be withdrawn due to technical complications. I will be filing a new bill relating to the same subject matter.

Thank you.

Sincerely,

/s/ James M. Foley

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, January 12, 2000.

CORRECTION TO THE HOUSE JOURNAL

Correct House Journal, Third Day, Monday, January 10, 2000, pages 37 and 38, roll call, by showing Representative Dolan voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRI-BUSINESS

Wednesday, January 12, 2000, 3:00 pm. Hearing Room 7.

Informational meeting.

AGRICULTURE

Wednesday, January 12, 2000, 3:00 pm. Hearing Room 7.

Informational meeting.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 12, 2000. Hearing Room 7 upon morning adjournment.

Organizational meeting. Presentation on SAM II/BRASS.