Journal of the House



First Extraordinary Session, 91st General Assembly


SIXTH DAY, Wednesday, September 12, 2001



Speaker Kreider in the Chair.



Prayer by Reverend Rudy Beard.



O Lord, with countless children of Yours over the ages, we too are feeling a deep and aching righteous anger. Our prayers this day are for our countrymen and women who have faced terror, some of whom are fighting for life, some grieving, some striving to rescue those still in danger.



We give You thanks for the heroes and valiant ones, medical personnel, police and firefighters, who have given their best in the cause of life.



We join our prayers now, with others, for our President and those who lead our President and those who lead our nation and state. Bless Your servants in this House, and sustain them in the hope that Your Light will dispel all darkness and all evil.



O Lord, we pray that "Your kingdom come and Your will be done". To You be glory and honor, now and forever. Amen.



The Pledge of Allegiance to the flag was recited.



The Journal of the fifth day was approved as corrected.



On motion of Representative Crump, the House recessed until 7:00 p.m.



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



COMMITTEE REPORTS



Committee on Price Discrimination, Chairman Liese reporting:



Mr. Speaker: Your Committee on Price Discrimination, to which was referred SB 2, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Children, Families and Health, Chairman Barry reporting:



Mr. Speaker: Your Committee on Children, Families and Health, to which was referred SCS SBs 4, 1, 5 & 6, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



REFERRAL OF SENATE BILL



The following Senate Bill was referred to the Committee indicated:



HCS SCS SBs 4, 1, 5 & 6 - Fiscal Review and Government Reform (Fiscal Note)



COMMITTEE REPORTS



Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SCS SBs 3, 8 & 9 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SCS SBs 4, 1, 5 & 6 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



THIRD READING OF SENATE BILL



HCS SCS SBs 4, 1, 5 & 6, relating to pharmaceutical assistance, was taken up by Representative Abel.



Representative Abel moved that Rule 43(a) be suspended for the purpose of taking up HCS SCS SBs 4, 1, 5 & 6.



Which motion was adopted by the following vote:



AYES: 094
Abel Baker Ballard Barnett Barnitz
Barry 100 Bearden Bland Bonner Boucher
Bowman Bray 84 Brooks Burton Byrd
Carnahan Champion Coleman Copenhaver Crawford
Crump Curls Daus Davis Dolan
Farnen Foley Franklin Fraser Gambaro
Graham Gratz Griesheimer Hagan-Harrell Harding
Hartzler Haywood Hegeman Hilgemann Holand
Hollingsworth Holt Hosmer Johnson 61 Johnson 90
Jolly Kelly 27 Kelly 36 Kennedy Lawson
Liese Lowe Marsh May 149 Mays 50
McKenna Merideth Monaco Murphy Nordwald
O'Connor O'Toole Ostmann Overschmidt Portwood
Ransdall Relford Reynolds Rizzo Robirds
Ross Scheve Scott Seigfreid Selby
Shelton Shields Shoemyer Skaggs Smith
Surface Thompson Treadway Villa Vogel
Wagner Walton Ward Whorton Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker
NOES: 043
Bartelsmeyer Bartle Behnen Black Boatright
Burcham Cooper Crowell Cunningham Dempsey
Enz Fares Froelker Gaskill Hanaway
Henderson Hendrickson Hohulin Hunter Jetton
Kelley 47 Kelly 144 King Levin Linton
Lograsso Luetkemeyer Marble Mayer Miller
Moore Myers Naeger Phillips Quinn
Rector Richardson Roark Schwab Secrest
St. Onge Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 025
Berkowitz Berkstresser Boykins Britt Campbell
Cierpiot Clayton Ford George Green 15
Green 73 Hampton Harlan Hickey Hoppe
Koller Legan Long Luetkenhaus Purgason
Reid Reinhart Ridgeway Troupe Van Zandt
VACANCIES:001

Representative Abel moved that Rule 65(a) be suspended for the purpose of taking up HCS SCS SBs 4, 1, 5 & 6.



Which motion was adopted by the following vote:



AYES: 106
Abel Baker Barnett Barnitz Barry 100
Bartelsmeyer Bearden Berkstresser Bland Bonner
Boucher Bowman Bray 84 Brooks Burcham
Burton Byrd Carnahan Champion Coleman
Copenhaver Crawford Crump Curls Daus
Davis Fares Farnen Foley Franklin
Fraser Froelker Gambaro Gaskill Graham
Gratz Griesheimer Hagan-Harrell Harding Harlan
Hartzler Haywood Hegeman Hilgemann Holand
Hollingsworth Holt Hosmer Johnson 61 Johnson 90
Jolly Kelly 144 Kelly 27 Kelly 36 Kennedy
Lawson Levin Liese Lowe Marble
Marsh May 149 Mays 50 McKenna Merideth
Miller Monaco Moore Murphy Naeger
O'Connor O'Toole Ostmann Overschmidt Portwood
Quinn Ransdall Relford Reynolds Rizzo
Robirds Ross Scheve Schwab Secrest
Seigfreid Selby Shelton Shields Shoemyer
Skaggs Smith Surface Thompson Treadway
Villa Vogel Wagner Walton Ward
Whorton Williams Willoughby Wilson 25 Wilson 42
Mr. Speaker






NOES: 031
Bartle Behnen Black Boatright Cooper
Crowell Cunningham Dempsey Dolan Enz
Hanaway Henderson Hendrickson Hohulin Hunter
Jetton Kelley 47 King Linton Lograsso
Luetkemeyer Mayer Myers Nordwald Phillips
Rector Roark Scott St. Onge Townley
Wright
PRESENT: 000
ABSENT WITH LEAVE: 025
Ballard Berkowitz Boykins Britt Campbell
Cierpiot Clayton Ford George Green 15
Green 73 Hampton Hickey Hoppe Koller
Legan Long Luetkenhaus Purgason Reid
Reinhart Richardson Ridgeway Troupe Van Zandt
VACANCIES: 001

Representative Abel offered House Amendment No. 1.



House Amendment No. 1



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 20, Section 208.559, Lines 3-6, by deleting all of said lines, beginning with the word "Beginning" and ending with the word "sought" and replacing in lieu thereof the following:



"Beginning with the enrollment period for fiscal year 2003, open enrollment periods for the program shall be held from January 1 to February 28.".



On motion of Representative Abel, House Amendment No. 1 was adopted.



Representative Abel offered House Amendment No. 2.



House Amendment No. 2



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 17, Section 208.556, Lines 31-33, by deleting all of said lines; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Abel, House Amendment No. 2 was adopted.



Representative Naeger offered House Amendment No. 3.



House Amendment No. 3



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 14, Section 208.553, Line 3, by deleting "pharmaceutical investment program for seniors" and inserting in lieu thereof "Missouri Senior Rx Program"; and

Further amend said bill, Page 17, Section 208.556, Line 45, by deleting "pharmaceutical investment program for seniors" and inserting in lieu thereof "Missouri Senior Rx Program"; and



Further amend said bill, Page 19, Section 208.556, Line 112, by deleting the word "senior" and inserting in lieu thereof the word "seniors"; and



Further amend said bill, Page 19, Section 208.556, Line 114, by deleting "pharmaceutical investment program for seniors" and inserting in lieu thereof "Missouri Senior Rx Program"; and



Further amend said bill, Page 19, Section 208.556, Line 117, by deleting "pharmaceutical insurance program for seniors" and inserting in lieu thereof "Missouri Senior Rx Program"; and



Further amend said bill, Page 21, Section 208.568, Lines 1-2, by deleting "Rx Program" and inserting in lieu thereof "Rx Program Fund"; and



Further amend said bill, Page 21, Section 208.568, Lines 7-8, by deleting "pharmaceutical investment program for seniors" and inserting in lieu thereof "Missouri Senior Rx Program"; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Naeger, House Amendment No. 3 was adopted.



Representative Kelley (47) offered House Amendment No. 4.



House Amendment No. 4



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 1, In the Title, Line 3, by deleting the words "an emergency" and inserting in lieu thereof the words "a referendum"; and



Further amend said bill, Page 22, Section B, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following:



"Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on the Tuesday immediately following the first Monday in April, 2002, pursuant to the laws and constitutional provisions of this state applicable to general elections and the submission of referendum measures by initiative petition, and it shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Smith assumed the Chair.



Representative Byrd offered House Substitute Amendment No. 1 for House Amendment No. 4.



House Substitute Amendment No. 1 for House Amendment No. 4 was withdrawn.



House Amendment No. 4 was withdrawn.



Speaker Kreider resumed the Chair.



Representative Byrd offered House Amendment No. 4.

House Amendment No. 4



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 21, Section 1, Line 5, by adding the following sentence:



"It is the intent of the legislature that if the modification to Section 135.095 is determined to be in violation of the constitution of the state of Missouri that the legislature would have passed the remainder of this bill absent the modifications to Section 135.095.".



Representative Byrd moved that House Amendment No. 4 be adopted.



Which motion was defeated.



Representative Riback Wilson (25) offered House Amendment No. 5.



House Amendment No. 5



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 16, Section 208.556, Line 15, by inserting after the word "a" the following: "responsive, cost-effective"; and



Further amend said bill, said section, Page 16, Line 15, by inserting after the word "no" the following: "responsive, cost-effective".



On motion of Representative Riback Wilson (25), House Amendment No. 5 was adopted.



Representative Wright offered House Amendment No. 6.



House Amendment No. 6



AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 4, 1, 5 & 6, Page 21, Section 1, Line 5, by inserting after said line the following:



"Section 2. The provisions of sections 208.550, 208.553, 208.556, 208.559, 208.562, 208.565, 208.568 and Section 1, RSMo, shall expire on June 30, 2005"; and



Further amend the title, enacting clause and intersectional references accordingly.



Representative Wright moved that House Amendment No. 6 be adopted.



Which motion was defeated by the following vote:



AYES: 024
Ballard Boatright Cierpiot Cooper Cunningham
Dempsey Fares Froelker Hendrickson Hohulin
Hunter Kelly 144 Lograsso Luetkemeyer May 149
Murphy Myers Phillips Richardson Roark
Schwab St. Onge Townley Wright
NOES: 118
Abel Baker Barnett Barnitz Barry 100
Bartle Bearden Behnen Berkowitz Berkstresser
Black Bland Bonner Boucher Bowman
Britt Brooks Burcham Burton Byrd
Carnahan Champion Coleman Copenhaver Crawford
Crowell Crump Curls Daus Davis
Dolan Enz Farnen Foley Franklin
Fraser Gambaro Gaskill Graham Gratz
Griesheimer Hagan-Harrell Hampton Hanaway Harding
Harlan Hartzler Haywood Hegeman Henderson
Hickey Hilgemann Hollingsworth Holt Hoppe
Hosmer Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 27 Kelly 36 Kennedy King
Lawson Legan Levin Liese Lowe
Marble Marsh Mayer Mays 50 McKenna
Merideth Miller Monaco Moore Naeger
Nordwald O'Toole Ostmann Overschmidt Portwood
Quinn Ransdall Rector Reid Reinhart
Relford Reynolds Ridgeway Rizzo Robirds
Ross Secrest Seigfreid Selby Shelton
Shields Shoemyer Skaggs Smith Surface
Thompson Treadway Villa Vogel Wagner
Walton Ward Whorton Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 020
Bartelsmeyer Boykins Bray 84 Campbell Clayton
Ford George Green 15 Green 73 Holand
Koller Linton Long Luetkenhaus O'Connor
Purgason Scheve Scott Troupe Van Zandt
VACANCIES: 001

Representative Hosmer requested a verification of the roll call on the vote to adopt House Amendment No. 6.



On motion of Representative Abel, HCS SCS SBs 4, 1, 5 & 6, as amended, was adopted.



On motion of Representative Abel, HCS SCS SBs 4, 1, 5 & 6, as amended, was read the third time and passed by the following vote:



AYES: 144
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Bray 84 Britt
Brooks Burcham Burton Byrd Carnahan
Champion Cierpiot Coleman Cooper Copenhaver
Crawford Crowell Crump Cunningham Curls
Daus Davis Dempsey Dolan Enz
Fares Farnen Foley Franklin Fraser
Froelker Gambaro Gaskill Graham Gratz
Griesheimer Hagan-Harrell Hampton Hanaway Harding
Harlan Hartzler Haywood Hegeman Henderson
Hickey Hilgemann Hohulin Holand Hollingsworth
Holt Hoppe Hosmer Jetton Johnson 61
Johnson 90 Jolly Kelley 47 Kelly 144 Kelly 27
Kelly 36 Kennedy King Lawson Legan
Levin Liese Lograsso Lowe Luetkemeyer
Marble Marsh May 149 Mayer Mays 50
McKenna Merideth Miller Monaco Moore
Murphy Myers Naeger Nordwald O'Toole
Ostmann Overschmidt Phillips Portwood Quinn
Ransdall Rector Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Scheve Schwab Scott Secrest
Seigfreid Selby Shelton Shields Shoemyer
Skaggs Smith St. Onge Surface Thompson
Townley Treadway Villa Vogel Wagner
Walton Ward Whorton Williams Willoughby
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 003
Hendrickson Hunter Roark
PRESENT: 000
ABSENT WITH LEAVE: 015
Boykins Campbell Clayton Ford George
Green 15 Green 73 Koller Linton Long
Luetkenhaus O'Connor Purgason Troupe Van Zandt
VACANCIES: 001

Speaker Kreider declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 142
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Bray 84 Britt
Burcham Burton Byrd Carnahan Champion
Cierpiot Coleman Cooper Copenhaver Crawford
Crowell Crump Cunningham Curls Daus
Davis Dempsey Dolan Enz Fares
Farnen Foley Franklin Fraser Froelker
Gambaro Gaskill Graham Gratz Griesheimer
Hagan-Harrell Hampton Harding Harlan Hartzler
Haywood Hegeman Henderson Hickey Hilgemann
Hohulin Holand Hollingsworth Holt Hoppe
Hosmer Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Lawson Legan Levin Liese
Lograsso Lowe Luetkemeyer Marble Marsh
May 149 Mayer Mays 50 McKenna Merideth
Miller Monaco Moore Murphy Myers
Naeger Nordwald O'Toole Ostmann Overschmidt
Phillips Portwood Quinn Ransdall Rector
Reid Reinhart Relford Reynolds Richardson
Ridgeway Rizzo Robirds Ross Scheve
Schwab Scott Secrest Seigfreid Selby
Shelton Shields Shoemyer Skaggs Smith
St. Onge Surface Thompson Townley Treadway
Villa Vogel Wagner Walton Ward
Whorton Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 003
Hendrickson Hunter Roark
PRESENT: 000
ABSENT WITH LEAVE: 017
Boykins Brooks Campbell Clayton Ford
George Green 15 Green 73 Hanaway Koller
Linton Long Luetkenhaus O'Connor Purgason
Troupe Van Zandt
VACANCIES: 001


MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HS HCS HB 4, entitled:



An act to repeal sections 277.203 and 277.212, RSMo, relating to livestock marketing, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.



Emergency clause adopted.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HS HCS HBs 5, 1 & 2, entitled:



An act relating to individual income tax treatment of federal credit or advance refund of federal credit allowed to individual taxpayers under section 6428 of the Internal Revenue Code for tax year 2001, with an emergency clause.



Emergency clause adopted.



In which the concurrence of the House is respectfully requested.





ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, September 13, 2001.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Fifth Day, Tuesday, September 11, 2001, pages 34 and 35, roll call, by showing Representatives Burcham, Sanders Brooks and Wright voting "aye" rather than "absent with leave".



Pages 34 and 35, roll call, by showing Representative Reinhart voting "present" rather than "absent with leave".



COMMITTEE MEETINGS



APPROPRIATIONS - TRANSPORTATION

Thursday, September 13, 2001, 9:00 am. Hearing Room 4.

To get information from MODOT regarding personnel and safety.



JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, September 13, 2001, 8:30 am. Senate Committee Room 2.

13CSR 40-60.010 and 050. 11 CSR 40-5.065.



JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Thursday, September 13, 2001, 8:30 am. Hearing Room 1.

Full committee meeting. County Employees' Retirement Fund.

Subcommittee immediately following.



SUBCOMMITTEE ON APPROPRIATIONS - EDUCATION

Thursday, September 13, 2001, 8:00 am. Hearing Room 7.

Presentation by Lincoln University. CANCELLED.



SUBCOMMITTEE ON LEGISLATIVE RESEARCH PERSONNEL

Thursday, September 13, 2001, 9:00 am. Hearing Room 2.

Closed meeting within the meaning of Chapter 610, RSMo.