Second Regular Session, 90th General Assembly
FIFTEENTH DAY, Monday, January 31, 2000
Speaker Gaw in the Chair.
Prayer by Father David Buescher.
Heavenly Father, You can help bring unity from diversity, concord from discord, integrity from unreliability.
Today this House gathers together at the beginning of a new month. Rekindle the hope we have that our work here may serve the people of this great state. May our every effort today begin in You and move toward You as the final target. Finally, as we have enjoyed the victory of our state's Super Bowl giants, the St. Louis Rams, may we all move closer to final victory in You, heavenly God, our mercy, our purpose, our goal, now and forever. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Paul Flo, Brian Kasmarzik, Jessica Merseal, Michele Loveless, Kevin Baisch, Ashley Smith, Natasha Blanks, Adam Dolan, Natalie Pigg, Melanie McKalip, Matt Pope, Sean Thost, Koty Hammond, Janel Malan, Jake Huskey, Ryan Solomon and Meagan Shanks.
The Journal of the fourteenth day was approved as printed by the following vote:
AYES: 140
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher Bray 84 Britt
Burton Campbell Champion Chrismer Cierpiot
Clayton Crawford Crump Curls Davis 122
Davis 63 Days Dougherty Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Howerton
Kelley 47 Kelly 27 Kennedy Kissell Klindt
Koller Kreider Lakin Lawson Leake
Legan Linton Long Luetkemeyer Luetkenhaus
Marble Mays 50 McBride McClelland McLuckie
Merideth Miller Monaco Murphy Murray
Myers Nordwald O'Connor Ostmann Overschmidt
Parker Patek Phillips Pouche Purgason
Ransdall Reid Reinhart Relford Reynolds
Richardson Ridgeway Riley Rizzo Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Skaggs Smith Stokan Summers Surface
Thompson Townley Treadway Troupe Tudor
Van Zandt Vogel Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 003
Hanaway Lograsso Wright
PRESENT: 000
ABSENT WITH LEAVE: 019
Boykins Carter Dolan Elliott Enz
Gibbons Hoppe Hosmer Kasten King
Levin Liese Loudon May 108 McKenna
Naeger O'Toole Pryor Robirds
VACANCIES: 001
RESOLUTION
Representatives Williams (121) and Sallee offered House Resolution No. 169.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 157 through House Resolution No. 160 - Representative Williams (159)
House Resolution No. 161 - Representative Gaw
House Resolution No. 162 - Representative Patek
House Resolution No. 163 - Representative McLuckie
House Resolution No. 164 through House Resolution No. 167 - Representative Pouche
House Resolution No. 168 - Representative Harlan
House Resolution No. 170 - Representatives Lawson and Kelly (27)
SECOND READING OF HOUSE CONCURRENT RESOLUTION
HCR 14 was read the second time.
SECOND READING OF HOUSE JOINT RESOLUTION
HJR 64 was read the second time.
SECOND READING OF HOUSE BILLS
HB 1779 through HB 1827 were read the second time.
HOUSE ELECTION CONTESTS
House Election Contest No. 1
August 30, 1999
The Honorable Steve Gaw
Speaker of the House
Missouri House of Representatives
State Capitol, Room 308A
Jefferson City, Missouri 65105
Rebecca McDowell Cook Jeremiah W. Nixon Rev. Earl Abel, Pastor
Secretary of State Attorney General Palestine Missionary
600 West Main Street P.O. Box 899 Baptist Church of Jesus
Jefferson City, Mo. Jefferson City, Mo. Christ
Kansas City, Missouri
Good Morning,
The Missouri Election Laws 115.563 and 115.565, provide for filing a verified petition based on irregularities that occurred in a election. Subject to 115.637, section 3; Class Four election offenses were committed. False ballots were mailed to voters and the names of candidates were arranged in a way other than that authorized by law.
Documentary evidence is attached to the petition and testimonial evidence is available to offer procedural advice concerning the violations and specific irregularities regarding the Special Election held August 3, 1999.
Please reply, I remain
Sincerely,
/s/ Elvis Sonny Gibson
PETITION
Missouri Election Laws
115.563 - 115.565
TO: Speaker of the House of Representatives
The Kansas City Board of Election Commissioners, under the rules of the Missouri Election Laws in force during the Special Election for the 41st District seat held on August 3, 1999, under the authority of the Secretary of State, pursuant to Chapter 115 and Selected Constitutional Provisions; has caused the Special Election to be incorrigible due to unsavory practices in the Election Process. The practices were not Mistake of Fact. The effect of these practices effected the Absentee Voter and the absentee ballot determined by the combination of causes in the intent to mislead the Absentee Voter and irregularities that occurred in the election that contest the qualification of the candidate. This is an estoppel plea of the election violations according to the Missouri Election Law.
Class Four Offense 115.637
(1) False official absentee ballots mailed to the voter,
(2) Ballots mailed to the absentee voter absent of the candidates,
(3) Candidates names/numeral order unauthorized by law.
Irregularities
* Judges marking ballots at the polling location to indicate the ward and precinct on the day of the election.
* Two candidates in the election with the same ballot number (14).
* 41st District Candidates given wrong ballot numbers and listed by name in incorrect order
Elvis Sonny Gibson 15
Mark A. Hawthorne 16
Bobbie J. Campbell 17
* Certification of the ballot by the Secretary of State was mailed to Kansas City Board of Election Commissioners on June 22, 1999
Melba J. Curls 14
Bobbie J. Campbell 15
Elvis Sonny Gibson 16
Mark A. Hawthorne 17
* The false ballots were mailed to the Absentee Voter on July 1st.
* The unopposed candidate of the 42nd District (#14), the opposed candidate of the 41st District (#14) shared the same number. The use of duplicate punch numbers is conduct which is prejudicial on the rights of opposed candidates, and deception to induce the voter to surrender their rights to vote for the candidate of their choice.
/s/ Elvis Sonny Gibson
House Election Contest No. 2
September 15, 1999
The Honorable Steve Gaw
Speaker of the House
Missouri House of Representatives
State Capitol, Room 308A
Jefferson City, MO 65105
The filing of this petition is on behalf of the voters of Kansas City, Missouri, who would like to have an honest and fair election, and who have lost faith in our voting system. The Kansas City Board of Elections under the rules of Missouri Elections Laws (Chapter 115) in force during the August 3, 1999 Special Election, has caused the Special Election to be incorrigible due to unsavory practices. These practices effected the absentee and Election day ballots with the intent to mislead the voters and leave sufficient opportunity for election fraud to occur. The effect of these irregularities may have tainted the election and the count for the candidates and the issues.
We, The Reform Party, petition to contest the results of the August 3, 1999 Special Election under Missouri Laws 115.239, 115.245, 115.287, 115.289, 115.297, 115.423, 115.451, and 115.637.
115.239: Placement of party candidates on ballots. (See examples.)
115.245: Exact wording of the question certified by Secretary of State to appear on ballot. All questions to require a "YES" or "NO" response.
1. The attached photocopy of question #2 is in clear violation of this law.
115.287: Absentee Ballot, how delivered.
1. Statements by absentee voters from senior citizens building.
a. Received and returned ballots to apartment manager.
b. Some did not vote.
c. Received ballot from young man who returned later to pick them up.
115.289: Confidentiality of applications for absentee ballots, list available to authorized persons - free.
1. Ms. Sharon Turner refused on both September 8, 1999 and September 10, 1999 to give the list of applications mailed to absentee voters.
115.297: Precinct registers to show ballots received. Judges to be notified of late absentee ballots received.
1. Poll Judges were unable to determine who had voted absentee or what should be done if an absentee voter should revote without their knowledge.
2. Absentee voters shown in poll books was stamped:
"Absentee ballots mailed to:".
115.423: Ballot box, procedure for handling.
1. Witnesses observed ballot boxes were not sealed or locked when delivered for counting at Election Board on August 3, 1999.
115.451: Judges may read and record votes before polls close, when-
1. The law requires ballot boxes containing the voted ballots to be taken to a private area within the polling place.
2. The Kansas City Election Board has approximately six (6) satellite stations, at different locations than the polling places, with their own employees. Information from some poll judges who had delivered the sealed boxes to the satellite stations, stated that the boxes were unlocked and the votes counted by machines. This practice could easily be suspect.
115.637: Class Four election offenses. See #2, 3 and 7. (See attachments).
2. Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;
3. Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;
7. On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 1200 - Critical Issues
HB 1742 - Transportation
REFERRAL OF ELECTION CONTESTS
The following Election Contests were referred to the Committee indicated:
HEC 1 - Elections
HEC 2 - Elections
COMMITTEE REPORTS
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1506, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.
Committee on Children, Youth and Families, Chairman Dougherty reporting:
Mr. Speaker: Your Committee on Children, Youth and Families, to which was referred HB 1216, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Civil and Administrative Law, Chairman Smith reporting:
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1097, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1208, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1215 and HB 1240, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Commerce, Chairman Rizzo reporting:
Mr. Speaker: Your Committee on Commerce, to which was referred HB 1305, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Criminal Law, Chairman Hosmer reporting:
Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1404 and HB 1262, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Education - Elementary and Secondary, Chairman Fitzwater reporting:
Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which was referred HB 1076, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Fiscal Review, Chairman Backer reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1074, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Governmental Organization and Review, Chairman Murray reporting:
Mr. Speaker: Your Committee on Governmental Organization and Review, to which was referred HB 1084, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Governmental Organization and Review, to which was referred HB 1376, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 1828, introduced by Representatives Gross and Ladd Stokan, relating to mattresses.
HB 1829, introduced by Representatives Levin, Pouche, Gross, Reid and Hendrickson, et al, relating to income taxation.
HB 1830, introduced by Representatives Levin, Pouche, Gross and Hendrickson, et al, relating to tax relief.
HB 1831, introduced by Representatives Levin, Pouche, Gross and Hendrickson, et al, relating to income taxation.
HB 1832, introduced by Representatives Levin and Pouche, et al, relating to tax relief for the elderly.
HB 1833, introduced by Representatives Levin, Pouche and Reid, et al, relating to individual income tax.
HB 1834, introduced by Representatives Levin, Pouche, Gross and Hendrickson, et al, relating to sales tax relief.
HB 1835, introduced by Representatives Levin, Harlan, Hohulin, Linton, Hosmer, Kelly (27), Akin, Dougherty, Reid, Smith, Days, Enz, Bartelsmeyer and Schilling, et al, relating to personal information.
HB 1836, introduced by Representative Patek, relating to county prosecutors.
HB 1837, introduced by Representative Patek, relating to relocation of a child.
HB 1838, introduced by Representative Hollingsworth, relating to the regulations of traffic.
HB 1839, introduced by Representatives Backer, Kissell, Days, Wilson (42), Scheve, Gaw, Kreider and Crump, et al, relating to unlawful drug transactions with a child.
HB 1840, introduced by Representative Froelker, relating to continuation of spousal insurance coverage.
HB 1841, introduced by Representatives Kreider and Robirds, relating to noxious weeds.
HB 1842, introduced by Representatives Burton, Mays (50) and Hegeman, relating to retail electric choices.
HB 1843, introduced by Representative George, et al, relating to election of marshals in cities which contract for police service.
HB 1844, introduced by Representative Kelly (27), relating to house arrestees.
HB 1845, introduced by Representatives Campbell and Van Zandt, relating to higher education sponsors of charter schools.
HB 1846, introduced by Representative Skaggs, relating to the qualifications of police officers in certain cities.
HB 1847, introduced by Representative Skaggs, relating to certain state retirement systems.
WITHDRAWAL OF HOUSE BILLS
January 31, 2000
The Honorable Steve Gaw
Speaker of the House
State Capitol
Room 308
Jefferson City, MO 65101
Dear Speaker of the House,
This letter is requesting for House Bill 1731 be withdrawn.
Thank you for your assistance.
Sincerely,
/s/ Jewell D. H. Patek
___________________________________
January 31, 2000
Speaker Steve Gaw
House Post Office
Capitol Bldg.
Jefferson City, MO 65101
Dear Mr. Speaker:
I respectfully request that House Bill 1724 be withdrawn.
Thank you for your consideration in this matter.
Sincerely,
/s/ Henry Rizzo
State Representative
District 40
The following members' presence was noted: Dolan and Naeger.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, February 1, 2000.
COMMITTEE MEETINGS
AGRICULTURE
Wednesday, February 2, 2000, 3:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1402
APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY
Tuesday, February 1, 2000. Hearing Room 1 upon adjournment.
Dept. of Elementary and Secondary Education, Public testimony - DESE.
APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY
Wednesday, February 2, 2000. Hearing Room 1 upon adjournment.
Dept. of Public Safety. Public testimony Public Safety, Judiciary and Public Defender.
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, February 1, 2000. Hearing Room 7 upon adjournment.
Public Debt, Office of Administration.
APPROPRIATIONS - GENERAL ADMINISTRATION
Wednesday, February 2, 2000. Hearing Room 7 upon adjournment.
General Assembly, St. Louis Sports Authority.
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Tuesday, February 1, 2000. Hearing Room 3 upon adjournment.
Dept. of Social Services. Public testimony for Pharmacy Medicaid Budget.
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Wednesday, February 2, 2000. Hearing Room 3 upon adjournment.
Dept. of Social Services.
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Thursday, February 3, 2000. Hearing Room 3 upon adjournment.
Dept. of Social Services.
BUDGET
Tuesday, February 1, 2000, 8:30 am. Hearing Room 3.
Possible Executive Session. CANCELLED.
To be considered - HB 1114
CHILDREN, YOUTH AND FAMILIES
Wednesday, February 2, 2000, 7:30 pm. Hearing Room 6.
Possible Executive Session.
To be considered - HB 1319, HB 1324, HB 1393, HB 1425
CIVIL AND ADMINISTRATIVE LAW
Wednesday, February 2, 2000, 3:00 pm. Hearing Room 1.
To be considered - HB 1472, HB 1481, HB 1509, HB 1544, HB 1546
CONSUMER PROTECTION AND HOUSING
Tuesday, February 1, 2000, 8:00 pm. Hearing Room 1.
Executive Session. To be considered - HB 1430, HB 1434, HB 1455
CORRECTIONAL AND STATE INSTITUTIONS
Tuesday, February 1, 2000, 8:00 pm. Hearing Room 7.
Executive Session. To be considered - HB 1185, HB 1460
EDUCATION - ELEMENTARY AND SECONDARY
Tuesday, February 1, 2000, 3:00 pm. Hearing Room 3.
To be considered - HB 1073, HB 1183, HB 1221, HB 1361
EDUCATION - HIGHER
Wednesday, February 2, 2000, 3:00 pm. Hearing Room 5.
To be considered - HB 1486, Executive Session - HB 1161,
Executive Session - HB 1179, Executive Session - HB 1335,
Executive Session - HB 1396
FEDERAL - STATE RELATIONS AND VETERANS AFFAIRS
Wednesday, February 2, 2000. Side gallery upon morning adjournment.
Executive Session.
INSURANCE
Tuesday, February 1, 2000, 8:00 am. Hearing Room 5. AMENDED NOTICE.
To be considered - HB 1148, HB 1292, HB 1595, HCR 10
INTERIM JOINT COMMITTEE ON IMMIGRATION
Wednesday, February 2, 2000, 1:30 pm. Hearing Room 6.
Presentation by Institute for International Studies regarding web site
"Missouri Multicultural Network".
LABOR
Tuesday, February 1, 2000, 5:30 pm. Hearing Room 3. Executive Session.
To be considered - HB 1067, HB 1369, HB 1383, HB 1428
LEGISLATIVE RESEARCH, OVERSIGHT SUBCOMMITTEE
Tuesday, February 1, 2000, 9:00 am. Senate Committee Room 1.
Challenge fiscal notes: HB 1395, SB 721
Presentation on Oversight Reports.
Executive Session on Oversight Reports Presented 1-20-00.
LOCAL GOVERNMENT AND RELATED MATTERS
Tuesday, February 1, 2000, 3:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1081, HB 1196, HB 1303, HB 1372, HB 1433,
HB 1652, HB 1699
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, February 2, 2000, 9:00 am. Hearing Room 6.
Executive Session may follow.
To be considered - HB 1368, HB 1452
MISSOURI TOBACCO SETTLEMENT
Wednesday, February 2, 2000, 9:00 am. Hearing Room 3.
To be considered - Executive Session - HJR 61
MOTOR VEHICLE AND TRAFFIC REGULATIONS
Tuesday, February 1, 2000, 3:00 pm. Hearing Room 1.
To be considered - HB 1184, HB 1210, HB 1219, HB 1315
MUNICIPAL CORPORATIONS
Wednesday, February 2, 2000, 3:00 pm. Hearing Room 4.
To be considered - HB 1290, HB 1338
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, February 2, 2000, 5:00 pm. Hearing Room 3.
To be considered - HB 1242, HB 1431, HB 1458, HB 1473, HB 1476
PUBLIC HEALTH
Tuesday, February 1, 2000, 3:00 pm. Hearing Room 4.
Executive Session to follow. AMENDED NOTICE.
To be considered - HB 1085, HB 1568, HB 1574, HB 1640, HCR 6
PUBLIC SAFETY AND LAW ENFORCEMENT
Tuesday, February 1, 2000, 8:30 am. Hearing Room 6.
To be considered - HB 1468, HB 1484, HB 1505
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, February 8, 2000, 8:00 pm. Hearing Room 6.
To be considered - HB 1400, HB 1450
SUBCOMMITTEE FOR CHILD SUPPORT ENFORCEMENT
Tuesday, February 1, 2000, 8:30 am. Room 313-2.
Subcommittee meeting.
SUBCOMMITTEE ON APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES
Tuesday, February 1, 2000, 8:00 am. Hearing Room 4.
Continuing report from Dept. of Natural Resources.
SUBCOMMITTEE ON MEDICAL SERVICES - APPROPRIATIONS SOCIAL SERVICES
Tuesday, February 1, 2000, 8:00 am. Room B-20.
Appropriations Conference Room. Medical Service Appropriation.
SUBCOMMITTEE ON ORGAN DONATION
Tuesday, February 1, 2000, 8:00 am. Hearing Room 7.
To be considered - HB 1178
SUBCOMMITTEE ON TELEMARKETING - CONSUMER PROTECTION AND HOUSING
Tuesday, February 1, 2000, 3:00 pm. Rep. Jim Kreider's Office, Room 301.
AMENDED NOTICE.
TRANSPORTATION
Tuesday, February 1, 2000. Side gallery upon morning adjournment.
To be considered - Executive Session - HB 1363
UTILITIES REGULATION
Thursday, February 3, 2000, 8:15 am. Hearing Room 6.
Executive Session may follow.
To be considered - HB 1325, HB 1415, HJR 53
WAYS AND MEANS
Tuesday, February 1, 2000, 3:00 pm. Hearing Room 6.
Executive Session to follow.
To be considered - HB 1156, HB 1176, HB 1214, HB 1231, HB 1295, HB 1298,
HB 1329, HB 1333, HB 1346, HB 1360, HB 1380, HB 1423, HB 1437, HB 1453,
HJR 48, HJR 49, HJR 50
HOUSE CALENDAR
SIXTEENTH DAY, TUESDAY, FEBRUARY 1, 2000
HOUSE BILLS FOR SECOND READING
HB 1828 through HB 1847
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 43 - Barry
HOUSE BILLS FOR PERFECTION
HCS HB 1362 - Harlan
HCS HB 1074 - Relford
HOUSE BILL FOR THIRD READING
HB 1506 - Van Zandt
Missouri House of
Representatives