Journal of the Senate

FIRST REGULAR SESSION


SIXTH DAY--THURSDAY, JANUARY 16, 1997


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we pray today for those who are unwanted and neglected, for those who feel helpless and lonely. Use us to reach out to them in love. Jesus said it was more blessed to give than to receive. Help us to be the providers and the givers. Show us how to reach out to those who need us. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal of the previous day was read and approved.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Clay--1
The Lieutenant Governor was present.

     

RESOLUTIONS

     Senator Yeckel offered Senate Resolution No. 29, regarding Dr. W. Gene Engelhardt, Affton, which was adopted.

     Senator Yeckel offered Senate Resolution No. 30, regarding Crestwood Plaza, St. Louis County, which was adopted.

     Senator Yeckel offered Senate Resolution No. 31, regarding Dr. James Allen Sandfort, which was adopted.

     Senator Howard offered Senate Resolution No. 32, regarding Jay Githens, Poplar Bluff, which was adopted.

     Senators Westfall and Graves offered Senate Resolution No. 33, regarding Lyle Noblitt, which was adopted.

     Senator McKenna offered Senate Resolution No. 34, regarding Mr. James D. Gadell, Jefferson County, which was adopted.

     Senator Quick offered the following resolution:

SENATE RESOLUTION NO. 35

     WHEREAS, the Administration Committee is required by law to establish the rates of pay each year; and

     WHEREAS, such rates of pay are to be the same as those established under the policies of the Personnel Division of the Office of Administration for comparable duties after examination of the rates of pay then in effect; and

     WHEREAS, the rates of pay established shall become effective in January.

     NOW, THEREFORE, BE IT RESOLVED by the Committee on Administration that the number, classification and rates of pay authorized for employees of the Senate shall include one department director, two deputy department directors, and six division level directors to be compensated according to Office of Administration guidelines for compensation of division directors; and the following authorized employees at rates of pay within the ranges hereby established:
MONTHLY
NO.CLASSIFICATIONSALARY RANGE
5Staff Attorney II2,495 - 3,637
1Research Analyst I2,212 - 3,201
1Research Analyst II2,495 - 3,637
2Research Analyst III3,201 - 4,728
1Investigator2,397 - 3,481
7Research Staff Secretary1,825 - 2,599
5Budget Research Analyst II2,495 - 3,637
4Assistant Secretary of Senate1,200 - 3,066
5.5Enrolling & Engrossing Clerk1,756 - 2,495
0.5Billroom Supervisor1,756 - 2,495
2Billroom Clerk850 - 1,622
3Public Information Specialist I1,756 - 2,495
1Public Information Specialist II1,892 - 2,710
1Public Information Specialist IV2,301 - 3,336
3Administrative Assistant1,200 - 4,913
1Executive Assistant1,530 - 4,805
1Telecommunications Coordinator1,500 - 3,201
3Accountant1,265 - 2,495
7Administrative Secretary1,310 - 3,186
8Clerical Assistant1,200 - 2,593
1Messenger950 - 1,853
1Data Control Coordinator1,968 - 2,820
3Programmer III2,397 - 3,481
1Systems Programmer II2,599 - 3,796
3Computer Operator III1,968 - 2,820
5Data Entry Operator III1,425 - 1,960
1Graphics Supervisor1,825 - 2,599
1Composing Equipment Operator I1,100 - 1,960
3Composing Equipment Operator III1,694 - 2,397
1Mailroom Supervisor1,825 - 2,599
2Duplicating Equipment Operator I1,328 - 1,783
2Duplicating Equipment Operator II1,477 - 2,036
1Duplicating Equipment Operator III1,633 - 2,301
2Duplicating Equipment Operator IV1,825 - 2,599
1Photographer1,200 - 2,940
0.25Physical Plant Supervisor1,830 - 3,579
1Maintenance Supervisor II1,825 - 2,599
1Carpenter II1,694 - 2,397
6.5Custodian II950 - 1,622
2Custodian III1,000 - 1,783
1Sergeant-at-Arms (elected)1,200 - 3,066
0.5Doorkeeper (elected)900 - 1,969
3Assistant Doorkeeper600 - 1,400
0.5Reading Clerk750 - 1,535
0.5Chaplain (elected)475 - 848

     BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to establish a formula setting forth the maximum amount which may be expended by each Senator for the employment of Administrative and Clerical Assistants. Each Senator will be notified of the funds available, and shall thereafter certify to the Senate Administrator the names and addresses of Administrative and Clerical Assistants. The compensation paid to the Senators' administrative and clerical assistants shall be within the limits of the categories set forth hereinabove.

     BE IT FURTHER RESOLVED that the Senate Administrator, with the approval of the Senate Administration Committee, shall have the authority to cooperate and coordinate with the House Administrator in the selection of employees, who shall be assigned to the garage, Joint Committee Staffs and the rotunda area, and who will be paid from the Joint House and Senate Contingent Fund, within the limits of the categories set out above.

     BE IT FURTHER RESOLVED that the Committee on Administration has the authority to reduce, combine or consolidate positions and salaries where necessary to meet changed conditions or circumstances which arise, and may enter into contracts with consultants, provided such consultant's contract fee does not exceed the salary for the comparable position, and such consultant shall count as an employee of the Senate.

     BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to adjust the foregoing pay ranges in July to reflect implementation of the state pay plan for FY 1998.

CONCURRENT RESOLUTIONS

     Senator Bentley offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 16

     WHEREAS, In November, 1994, Missouri voters approved section 3 of Article XIII of the Missouri Constitution as a constitutional amendment; and

     WHEREAS, Article XIII, Section 3 of the Missouri Constitution established the Missouri Citizen's Commission on Compensation for Elected Officials, charged with setting the amount of compensation paid to statewide elected officials, members of the General Assembly and judges. The Commission is ordered to file its recommendations for salaries for these public officials with the Secretary of State and the Revisor of Statutes by December 1, 1996, and every two years thereafter; and

     WHEREAS, on November 30, 1996, the Commission issued its 1996 Report and Compensation Schedule, which contains its salary recommendations; and

     WHEREAS, the Commission's recommendations range from 6% to 145%, even though the average annual inflation has been near three percent for several years; and

     WHEREAS, the Commission's recommendations increasing legislative salaries will result in more than a 30% increase in two years, placing Missouri legislators among the highest paid legislators of the sixteen states with sessions of comparable length; and

     WHEREAS, the salary increases allocated to Missouri's judges are so generous that Missouri judges will be among the highest paid judges in the nation under the Commission's recommendations; and

     WHEREAS, prior to the voters' approval of this amendment, it was the General Assembly's duty to set salaries; and

     WHEREAS, the General Assembly had exercised its duties of setting salaries reasonably and responsibly; and

     WHEREAS, Missouri voters approved of the creation of a Commission to make salary recommendations with the expectation that such recommendations would be equitable and reasonable; and

     WHEREAS, in an era of cutting excess government spending, the Commission's recommendations are excessively high and unreasonable; and

     WHEREAS, subsection 8 of section 3 of Article XIII of the Missouri Constitution grants power to the General Assembly to disapprove the salary recommendations of the Commission by concurrent resolution; provided however, that if no action is taken by February 1, 1997, the salary recommendations shall take effect; and

     WHEREAS, the General Assembly has the duty to reject such an unreasonable proposal. Failure of the General Assembly to disapprove the salary recommendations would be unethical;

     NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House concurring therein, that the recommendations of the Missouri Citizen's Commission on Compensation for Elected Officials be disapproved, pursuant to subsection 8 of section 3 of Article XIII of the Missouri Constitution; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Secretary of State.

INTRODUCTION OF BILLS

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

     SB 229--By Russell and Lybyer.

     An Act to repeal sections 167.031 and 167.051, RSMo 1994, and sections 167.161 and 167.171, RSMo Supp. 1996, relating to school attendance, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     SB 230--By Russell.

     An Act to repeal sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof thirty-three new sections relating to the same subject.

     SB 231--By Johnson.

     An Act to create chapter 324, RSMo, by enacting ten new sections relating to the regulation of the practice of medical nutrition therapy, with penalty provisions.

     SB 232--By Sims.

     An Act to repeal section 429.015, RSMo 1994, relating to certain design professionals, and to enact in lieu thereof two new sections relating to the same subject.

     SB 233--By Sims.

     An Act to repeal section 171.031, RSMo 1994, relating to school term starting dates, and to enact in lieu thereof one new section relating to the same subject.

     SB 234--By Howard and Singleton.

     An Act to repeal sections 334.031, 334.100 and 334.715, RSMo 1994, and sections 334.040, 334.046 and 334.735, RSMo Supp. 1996, relating to the licensing, registration and disciplinary procedures of physicians and surgeons, athletic trainers and physician attendants and to enact in lieu thereof six new sections relating to the same subject.

     SB 235--By Westfall.

     An Act to repeal section 575.010, RSMo 1994, relating to offenses against the administration of justice, and to enact three new sections relating to the same subject, with penalty provisions.

     SB 236--By Westfall.

     An Act to amend chapter 566, RSMo, relating to sexual offenses, by adding thereto one new section relating to the same subject, with penalty provisions.

     SB 237--By Westfall and Lybyer.

     An Act to repeal sections 196.931, 196.933, 196.935, 196.937, 196.941, 196.943, 196.945, 196.947, 196.949, 196.951, 196.953, 196.955, 196.957 and 196.959, RSMo 1994, and section 196.939, RSMo Supp. 1996, relating to the state milk board, and to enact in lieu thereof fourteen new sections relating to the same subject.

     SB 238--By Westfall.

     An Act to repeal section 302.321, RSMo Supp. 1996, relating to driving a motor vehicle without a license, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

     SB 239--By Maxwell.

     An Act to repeal sections 105.470, 105.959 and 105.961, RSMo 1994, and sections 105.955 and 130.046, RSMo Supp. 1996, relating to certain public officials, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Ronald G. Brashears, as a member of the Missouri Training and Employment Council;

     Also,

     Yolanda M. Watkins, as a Student Representative to the Linn State Technical College Board of Regents;

     Also,

     Deirdre K. Hirner, as a member of the Missouri State Public Employees' Deferred Compensation Commission;

     Also,

     Gerald L. Kampeter, as a member of the Missouri Head Injury Advisory Council;

     Also,

     Willard C. Reine, as a member of the Administrative Hearing Commission;

     Also,

     John D. Wild, as a member of the Missouri Public Entity Risk Management Fund Board of Trustees;

     Also,

     Charles P. Swisher, CHE, Richard C. Dunn, Thomas Eugene Whelan and Linda D. Ward, as members of the Children's Trust Fund Board;

     Also,

     Peter M. Schloss and Susan S. Lamb, as members of the Child Abuse and Neglect Review Board;

     Also,

     John M. Boyer, Mary C. Hagerty and Roddy J. Rogers, as members of the Missouri Dam and Reservoir Safety Council;

     Also,

     Laura E. Roy and Carolyn Davis Newport, as members of the Missouri Family Trust Fund Board of Trustees;

     Also,

     Jayne Voss and Reid L. Bronson as members of the St. Charles County Convention and Sports Facilities Authority;

     Also,

     Carolyn Davis Newport, as a member of the Missouri Family Trust Fund Board of Trustees;

     Also,

     Ted A. Smith, as a member of the Land Reclamation Commission;

     Also,

     Robert G. Wade and Gerard J. Harms, Sr., as members of the Missouri State Board for Architects, Professional Engineers and Land Surveyors;

     Also,

     Dixie H. Kohn and Stephen Maxey, as members of the Missouri Community Service Commission;

     Also,

     Benita Y. Williams and Barbara J. Ormsbee, as members of the Missouri Women's Council.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

     Senator Quick moved that the Senate recess to repair to the House of Representatives to receive a message from the Chief Justice of the Supreme Court, the Honorable John C. Holstein, which motion prevailed.

JOINT SESSION

     The Joint Session was called to order by President Wilson.

     On roll call the following Senators were present:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsSingleton--2
Absent with leave--Senators--Clay--1

     On roll call the following Representatives were present:
Present--Representatives
AkinAlterAuerBacker
BallardBarnett (4)Barry (100)Bartelsmeyer
BauerBennett (15)BerkstresserBland
BonnerBrayBroachCampbell
CarterChrismerCierpiotClayton
CopelandCrawfordCrumpDaniels (41)
Davis (63)Davis (122)DolanDonovan
DoughertyElliottEnzFarmer
FarnenFitzwaterFoleyFord
FosterFranklinFrittsFroelker
GaskillGastonGibbonsGoward
Graham (24)Graham (106)GratzGreen
GriesheimerGrossGunnHagan-Harrell
HallHartzler (123)Hartzler (124)Heckemeyer
HegemanHendricksonHickeyHohulin
HolandHollingsworthHoppeHosmer
HowertonJohnsonKastenKelley (47)
KennedyKisselLakinLawson
LeakeLeganLevinLiese
LintonLograssoLongLoudon
LuetkenhausLumpeMarbleMay (108)
Mays (50)McLuckieMillerMonaco
MurrayNaegerNordwaldO'Connor
O'TooleOverschmidtParkerPatek
PouchePryorRansdallReinhart
RelfordReynoldsRichardsonRidgeway
RizzoRobirdsRossSallee
ScheveSchillingSchwabScott
SeigfreidShearSheldon (104)Shelton (57)
ShieldsSkaggsSmithSteen
StokanStollStrokerSummers
TateThomason (163)Thompson (37)Townley
TreadwayTroupeVanZandtVogel
WannenmacherWigginsWilliams (121)Williams (159)
WilsonMr. Speaker--138
Absent and Absent with Leave--Representatives
BoatrightBoucherBurtonChampion
CooperDaniel (42)DaysEdwards-Pavia
EvansHandHarlanKauffman
Kelly (27)KollerKreiderMcBride
McClellandMurphyOstmannPurgason
SecrestSurfaceWooten--23
Vacancies--2

     The Joint Committee appointed to wait upon the Chief Justice of the Supreme Court, John C. Holstein, escorted the Chief Justice to the dais where he delivered the State of the Judiciary Address to the Joint Assembly:

State of the Judiciary Address to a Joint Session of

the Missouri General Assembly

Hon. John C. Holstein, Chief Justice

Supreme Court of Missouri

January 16, 1997

Mr. President, Mr. Speaker, Members of the General Assembly, Ladies and Gentlemen:

The millennium is upon us. The last time we entered a new millennium, there were ominous predictions of wars of Armageddon, pestilence, and death. And with good reason. If you were to look at the world a thousand years ago, it was not a very happy place to live. Most children didn t live to reach school age. And, of course, there were no schools as we know them. Such reading and writing as existed was done in monasteries in a language that was used by no one in daily conversation. Such laws as existed were written in Latin and were edicts of a king rather than the deliberate acts of a popularly elected legislative body. One significant difference between the law then and the law now is the ability to communicate the law to every citizen. No one could have predicted in the year 997 the means of communication that would be invented. It began with the printing press and extended through the microchip. But all this information is here, and we in government must learn to harness it and use it.

A thousand years ago, the people believed that trial by fire or trial by water were valid methods of determining the truth. It would be a couple of centuries before the guarantee of a right to a jury trial would find its way into our common law system. It would not be until this country was founded that the right to a jury trial would be permanently placed in state and federal constitutions. The jury trial has served us well. It is a marriage of the best of our legal system and of democracy. It was born in England, but it grew to maturity here. Modern constitutions have given the promise of other rights that we all hold dear when we find ourselves in court; the right to counsel, a fair and speedy hearing before an impartial judge, and equality for every citizen in the courts. While our court system is populated by humans and is capable of making mistakes, it also has the wonderful ability to correct mistakes. I hope the members of this body would approach any change in our state court system with a healthy degree of skepticism. But there are areas of our law where change is essential.

As I noted last year, for more than twenty years, the chief justice of the Missouri Supreme Court has been invited to speak to the General Assembly. We are grateful for that opportunity. One of my predecessors, when he was chief justice, Robert Donnelly, spent most of his time speaking of the tension that had developed between the state and federal courts regarding federal intervention in state cases. He pointed out that individual federal trial judges were, in effect, overruling decisions of the Missouri Supreme Court, particularly in criminal cases. He suggested that there may be little reason for state courts to review post-conviction claims in capital cases. Chief Justice Donnelly s frustration was not ignored. But it took more than 15 years for his message to sink in.

In recent habeas corpus reform by Congress, strict limitations were placed on the power of federal courts to review state convictions. However, to obtain the benefit of those limitations on federal habeas corpus review, the state had to reaffirm its obligation to ensure adequate representation of defendants in capital cases.

The Missouri Supreme Court, in an effort to ensure that such federal review and its accompanying delay is minimized, adopted a rule effective on July 1, 1997. It requires that public defenders designated to represent indigent defendants in post-conviction capital cases must meet minimum experience requirements. Unquestionably, there will be a cost associated with this. Some view this as a shifting of responsibility by the federal government to the states. The fact is, it is the state that makes the determination that it will seek the death penalty and, therefore, it is only appropriate that the state pay its costs. I see the federal habeas corpus reform not so much as Congress instructing the state on how defendants in capital cases should be represented but, rather, a recognition of the state s inherent responsibility to ensure adequate representation of every indigent defendant that is called to account in its courts. The public defender must have the resources to hire and retain experienced attorneys. These resources must include reasonable salaries, office facilities and support staff. I would urge both the Governor and you as you consider the budget request of the public defender commission to take into account its needs for adequate office space and staff salaries. These are essential to secure the promise that effective and experienced attorneys will be representing indigent defendants in criminal cases.

Last year, you will recall I told you that I had recently appointed a committee to study court security in Missouri. The committee, headed by Chief Judge Robert Ulrich of the Missouri Court of Appeals, Western District, reported back late this summer. One of the recommendations in the report was that the responsibility of the marshals for security of the Supreme Court and Court of Appeals buildings and judges should be spelled out in the statutes. We will be seeking legislation this year to make clear that the marshals and security officers have the necessary authority and the responsibility to provide such security. Other steps are being taken to heighten the awareness of local circuit courts, courthouses, and sheriffs regarding evolving security issues. We will be seeking authority to employ a court security specialist to provide advice and assistance to local circuit courts in these matters.

To ensure equal justice under law demands access by all, even the poor. In the past, it has been a combination of free work by lawyers plus federal funding and private contributions that have ensured that the poorest people in Missouri are able to access Missouri s courts.

Lawyers are doing their fair share. In fact, some are doing more than their fair share in representing the poor. In Missouri, there are 3,000 lawyers who regularly take cases without fee from six legal services offices located in the state. That accounts for more than 15% of the legal aid services cases in Missouri. In addition, there are thousands of attorneys who represent their clients for little or no fee, but receive no recognition for it in the statistics of the legal services agencies. I know of no profession that does more to help the poor than do these attorneys. The Missouri Bar Board of Governors is taking steps to encourage increased private contributions and lawyer participation in legal services. This is a story that the news media simply does not cover.

Even though lawyers are providing enormous amounts of money and energy to this cause, I challenged them to do more at the annual meeting of The Missouri Bar. I am today asking the state of Missouri to do more. Federal funds are drying up. But this is a state justice system, and the state has the responsibility to keep that system open to all who need access. As you did last year for the first time, I would ask that you continue to provide funding for legal services so that the poorest among us will have access to our system of justice. Indeed, unless the very poorest do have access to our court system, it is difficult to consider it fully a system of justice.

In most areas, the growth in case loads has been modest. But the caseloads continue to grow at an alarming rate in the area of family law. More than 14,000 more domestic relations cases were filed in 1996 than in 1992. Through transfer projects, we have been able to move judges to where the caseloads exist in order to maximize the number of cases that can be disposed of by our courts. In general, we either transfer judges or rely on senior judges to handle these growing caseloads. In particular, during FY96, 34 retired judges accepted assignment to serve as senior judges. Those judges provided the courts with 455 weeks of judicial service. Senior judges have proved most valuable where vacancies had occurred due to retirement or illness, or caseloads demanded attention. These judges have kept dockets current until a replacement was appointed or in order to keep the court current. In effect, our senior judges have provided us nearly 10 judges in the fiscal year 1995-96. I want to thank the General Assembly for fully funding the senior judge program, and I would ask you to continue to fully compensate these judges for their work. They are doing an outstanding job.

At the 1996 meeting of the Judicial Conference, it was recommended that our circuit court clerks all be appointed. First, let me say that in my personal contact with elected circuit clerks, most, if not all elected circuit clerks are doing an excellent job. However, the position is critical to the operation of the circuit courts. There is no reason that good circuit clerks should not have the same job security as is held by deputy circuit clerks. As all of you are keenly aware, it takes an inordinate amount of time, money and energy outside the courthouse to run for elective office. That is time taken away from managing the millions of dollars, the records, and hundreds of personnel who work for the courts. The number of cases, the amount of money and the complexity of our courts require the constant attention of those in a managerial position. By making the clerks responsible to the judges who, in turn, are responsible to the people for running the courts, we will assure a close working relationship and, I believe, a more efficient operation of the circuit courts. I commend the proposal of the Judicial Conference to you for your consideration.

Being a court clerk is no longer the uncomplicated job of keeping the files. Today clerks assist claimants in filling out small claims petitions, prepare adult abuse pleadings and give advice to potential litigants. They handle millions of dollars in child support collections. These are tasks that clerks ten years ago would not be asked to do. Clerks must know the fundamentals of using spreadsheets, databases and word processing in the new electronic world. These clerks are in need of training to keep up with the increasing sophistication that is occurring in the court operations. With computerization we must take steps to keep clerks in touch with the new technology now being placed in the courts across the state. We are asking the General Assembly to appropriate funds to provide training to the more than 1,800 clerical staff in the circuit courts. We need to establish a permanent inservice professional training program for clerks equivalent in amount and quality to that provided for other state employees.

The vision of the Missouri court automation project is service, justice and access. Last year, I mentioned the electronic library on compact disks made available to all judges. During the past year, we have adopted a computer network architecture plan which established standards for the wiring, software and hardware for the new automated system. Pilot courts are being assessed and brought into alignment with those equipment standards.

We now have a statewide electronic mail communication system. We are making better use of the internet. As I reported last year, cases of the Missouri Supreme Court are now in full text on the internet. Last month, the cases of the Missouri Court of Appeals, Eastern District, were placed on the internet. We anticipate that the other two districts of the court of appeals and several circuit courts will also have information available on line in the very near future.

As the circuit courts come onto the internet, they will be able to give detailed information not only to lawyers but to all citizens about dockets, where to file small claims or an adult abuse action, telephone numbers to call to obtain legal assistance, and even forms for simple claims that may be prosecuted without an attorney.

During this summer and fall, we have begun procurement of a case management system, a system that will apply to all divisions of all courts across the state. There are 27 pilot project sites, but there are two that will be the primary test sites, Montgomery County and Jackson County. It is our belief that if we can make the case management system work in both of those counties, it will work in every county of the state. The case management system is the critical centerpiece of court automation. With the case management system and the legislation you passed last year, we will be able to ensure accurate, uniform assessment and collection of costs. Internal and external electronic audits will be possible. Fast and accurate electronic transfer of funds from local courts to the agency entitled to those funds will become possible. The case management system extends to every aspect of every case, from civil to criminal, from juvenile to probate, from small claims to appeals. Once complete, it will give people outside the courts, including executive agencies, law enforcement, attorneys, news media and ordinary citizens access to information. It is an ambitious project. No state has successfully accomplished a statewide, all- encompassing case management system. Some have tried and failed. We ve learned from those failures. We have moved cautiously. We ve had a number of intermediate successes. All that is missing is the necessary funding to move forward into the last five years of the project.

As most of you are aware, the name of our court automation project was EC/2004, referring to the fact that we believed from the beginning that it was a ten-year project. However, the startup funding through court costs was only provided for five years.

The successes already mentioned have proven that we have developed an electronic court system that has the capacity to connect all courts in the state with each other and all lawyers with the courts. Indeed, all citizens of the state are now connected with the judicial branch of government through the internet and electronic mail. In order to complete the mission which the courts have been given, and for this valuable project to continue, it is now necessary that we extend the funding to the year 2004, as originally envisioned.

We are asking that the court costs of $7.00 per case be extended to the year 2004. In addition, we will be working to develop a long-term, stable method to ensure the revenue to maintain the system and ensure staff training for those who will be operating the system.

You have a working judiciary. I am very proud to be a part of it. The most obvious evidence of that work is in case disposition rates. Since adopting case disposition time standards in 1994, the time between filing and disposing of felony complaints has dropped 36%. For misdemeanor informations, the time for disposing of cases has dropped 45%. In the area of domestic relations, the time for disposing of cases, statewide, has dropped 32%. Again, I think our judges and the lawyers who try cases before them are to be complimented on the way they move cases. It has also required the efforts of every clerk in the state to maintain this kind of growth. Whatever may be happening in other states, I m pleased to report to the legislature that in Missouri there are no case overloads in any circuit.

As some of you know, I have an office which stands opposite the capitol, in the red brick building. In a few weeks, I ll look across the lawn in front of the capitol and I ll see the tulips and daffodils begin to push up through the earth. The grass will again turn green. The trees will begin to bud. Dozens of yellow buses will begin to appear in the driveway in front of the capitol building. Out of those buses will come thousands of young people. Among them are tomorrow s voters, representatives, senators and chief justices. They re usually boisterous, and some of them are even unruly. At times they ll clog the hallways and make it difficult for us to move from one place to another here in the capitol building or over in the supreme court building.

Yet one of the great pleasures of my work has been to visit with some of these young people. I try to explain to them something about the building and give them a sense of Missouri history and a broad idea of what the courts do. Then I usually open it up for questions.

Last year, I was set back on my heels by a question of a fifth grader. He asked why these buildings are so fancy. I had to think a minute. Why do we have the ornate buildings, the high ceilings, the marble pillars and the words of great thinkers and spiritual leaders chiseled in the walls? Why do we have the inlaid wood and the beautiful works of art both in and outside the buildings? As I thought about that question, the answer came to me. The buildings remind those of us who work here that we re only here temporarily. The buildings and the values chiseled into the walls were put here years before we came, and will be here years after we re gone. We re merely the caretakers of a dream. Our purpose is to pass on the dream, established by others and inculcated in us, to another generation.

The words we use today are new: electronic courts, judicial resource allocation, case disposition standards. Next year, there will be a new chief justice with new ideas and renewed enthusiasm for the work. It s our form of term limits. But for our state courts, the dream remains constant: to provide a just and speedy disposition of every case on its merits and to make that system of justice accessible to all citizens of Missouri. We pledge to join hands with you to make this dream a reality.

Thank you again for allowing the chief justice to share these thoughts with you.

     On motion of Senator Quick, the Joint Session was dissolved and the Senators returned to the Chamber where they were called to order by President Wilson.

INTRODUCTION OF BILLS

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

     SB 240--By Lybyer.

     An Act to repeal section 33.120, RSMo 1994, relating to claims and warrants, and to enact in lieu thereof one new section relating to the same subject.

     SB 241--By Bentley, Wiggins and Singleton.

     An Act to repeal section 137.555, RSMo 1994, relating to funds for county roads and bridges, and to enact in lieu thereof one new section relating to the same subject.

     SB 242--By Caskey.

     An Act to amend chapter 181, RSMo, by adding thereto one new section relating to the establishment of the Wolfner library trust fund.

     SB 243--By Caskey.

     An Act to repeal section 435.465, RSMo Supp. 1996, relating to requirements for arbitration agreements, and to enact in lieu thereof one new section relating to the same subject.

     SB 244--By DePasco.

     An Act to repeal section 567.020, RSMo 1994, relating to prostitution, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     SB 245--By DePasco.

     An Act to amend chapter 643, RSMo, by adding thereto one new section relating to expedited permit review.

     SB 246--By Wiggins and Howard.

     An Act to repeal sections 337.606, 337.612, 337.618, 337.621, 337.630 and 337.633, RSMo 1994, and sections 337.603, 337.615 and 337.627, RSMo Supp. 1996, relating to the state committee for social workers, and to enact in lieu thereof ten new sections relating to the same subject.

     SB 247--By House, Wiggins, Ehlmann, Sims, Kenney, Bentley, Westfall, Childers, Klarich, Rohrbach, Scott, Kinder, Graves, Clay, Schneider, Flotron, Curls, Russell, McKenna, Singleton, Yeckel, DePasco and Mueller.

     An Act to amend chapter 135, RSMo, relating to a tax credit for certain charitable contributions, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

     SB 248--By Schneider.

     An Act to repeal sections 217.730, 302.225, 374.715, 429.470, 429.490, 476.010, 476.050, 476.055, 509.030, 511.500, 513.045, 543.335, 545.040, 545.050, 545.060, 545.070, 545.240, 545.270, RSMo 1994, sections 217.305, 302.020, 302.341, 488.015, 488.020, 512.050, 559.027, 559.029 and 577.051, RSMo Supp. 1996, sections 57.290, 429.090, 429.120, 452.345, 479.260 and 511.510, as both versions of such sections appear in RSMo Supp. 1996, and section 595.045, RSMo Supp. 1996, contained in house committee substitute for senate bill 769, truly agreed to and finally passed by the second regular session of the eighty-eighth general assembly, relating to courts, and to enact in lieu thereof thirty-six new sections relating to the same subject, with an emergency clause.

     SB 249--By Flotron.

     An Act to amend chapter 516, RSMo, by adding thereto one new section relating to statutes of limitations.

     Senator Staples assumed the Chair.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 1.

MISCELLANEOUS

     President Pro Tem McKenna submitted the following hearing schedule revision:

"2:00 p.m. - Monday - Financial & Governmental Organization - SL (Maxwell)".

REFERRALS

     President Pro Tem McKenna referred SCR 16 to the Committee on Rules, Joint Rules and Resolutions.

INTRODUCTION OF BILLS

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

     SB 250--By Curls.

     An Act to repeal section 375.786, RSMo 1994, relating to certificates of authority to transact insurance, and to enact in lieu thereof one new section relating to the same subject.

     SB 251--By Curls.

     An Act relating to expungement of certain criminal records, with penalty provisions.

     SB 252--By Curls.

     An Act to repeal section 374.770, RSMo 1994, relating to bail bond forfeitures, and to enact in lieu thereof seventeen new sections for the purpose of licensing bounty hunters.

RESOLUTIONS

     Senator Quick offered Senate Resolution No. 36, regarding John David Woods, Lawson, which was adopted.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

MISSOURI SENATE

January 13, 1997

Senator Sidney Johnson

State Capitol Building Room 332

Jefferson City, MO 65101

Dear Senator Johnson

Please be advised that I have appointed you as a member of the Tourism Commission, (Section 620.455, RSMo) throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Roseann Bentley

State Capitol Building Room 421

Jefferson City, MO 65101

Dear Senator Bentley:

Please be advised that I have appointed you as a member of the Tourism Commission, (Section 620.455, RSMo) throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator John Scott

State Capitol Building Room 416

Jefferson City, MO 65101

Dear Senator Scott:

Please be advised that I have appointed you as a member of the Joint Committee on Public Employee Retirement (Chapter 21.560 through 21.564, RSMo).

If I can be of any further assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Harold Caskey

State Capitol Building Room 320

Jefferson City, MO 65101

Dear Senator Caskey:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Ronnie DePasco

State Capitol Building Room 321

Jefferson City, MO 65101

Dear Senator DePasco:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Francis Flotron

State Capitol Building Room 331

Jefferson City, MO 65101

Dear Senator Flotron:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Jerry Howard

State Capitol Building Room 428A

Jefferson City, MO 65101

Dear Senator Howard:

Please be advised that I have appointed you as a member of the Joint Committee on Administrative Rules (Chapter 536, RSMo).

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Walt Mueller

State Capitol Building Room 330

Jefferson City, MO 65101

Dear Senator Mueller:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator Larry Rohrbach

State Capitol Building Room 433

Jefferson City, MO 65101

Dear Senator Rohrbach:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 13, 1997

Senator John Russell

State Capitol Building Room 419

Jefferson City, MO 65101

Dear Senator Russell:

Please be advised that I have appointed you as a member of the Joint Committee on Legislative Research (Article III, Section 35 of the Missouri Constitution, and Chapter 23, RsMO). Senator Wiggins will be the Chairman of the Joint Committee throughout the 89th General Assembly.

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, January 20, 1997.