Journal of the House

First Regular Session, 91st General Assembly

SIXTY-SECOND DAY, Wednesday, April 25, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

O Lord, if You should mark our iniquities, who here could stand. There is enough bad in the best of us and enough good in the worst of us, so we dare not, with impunity, criticize any among us.

As the men and women of the House begin this new day that You give, keep them focused on the needs of the people; and bless them so they may be the best they can be. To You be glory and honor. 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: Shamon Farrell, Erin Mayes, Levi Rash, Kelsey Wilt, Michael Barge, JoAnn Benfield, Amanda Neal, Tara Wyrick, Kevin Brady, Katherine McCloskey, Katie Halenkamp, Alex La Barge, Audrey Warman, Noble Bellis, Tiffany Rodriguez and Katherine Hessel.

The Journal of the sixty-first day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1634 - Representative Relford

House Resolution No. 1635 - Representative Hampton

House Resolution No. 1636

and

House Resolution No. 1637 - Representative Hartzler

House Resolution No. 1638 - Representative Richardson

House Resolution No. 1639 - Representative Cooper

House Resolution No. 1640 - Representative Campbell

House Resolution No. 1641

and

House Resolution No. 1642 - Representative Shields

House Resolution No. 1643 - Representative Ridgeway

House Resolution No. 1644 - Representative May (149)

House Resolution No. 1645

through

House Resolution No. 1647 - Representative Thompson

House Resolution No. 1648 - Representative Wilson (42)

House Resolution No. 1649 - Representative Bray

House Resolution No. 1650 - Representatives Bray and Hollingsworth

COMMITTEE REPORT

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 HS HB 286, HCS HB 426, HB 436, HS HCS HB 488, HB 592, HCS HB 660, HB 678 and HCS HB 831, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

Representative Smith assumed the Chair.

SENATE BILLS FOR THIRD READING - CONSENT

SB 25, relating to the University of Missouri, was taken up by Representative Farnen.

On motion of Representative Farnen, SB 25 was truly agreed to and finally passed by the following vote:

Representative Smith declared the bill passed.

HCS SB 441, relating to third class cities, was taken up by Representative Williams.

On motion of Representative Williams, HCS SB 441 was adopted.

On motion of Representative Williams, HCS SB 441 was read the third time and passed by the following vote:

Representative Smith declared the bill passed.

HCS SB 521, relating to workers' compensation safety programs, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HCS SB 521 was adopted.

On motion of Representative Luetkenhaus, HCS SB 521 was read the third time and passed by the following vote:

Representative Smith declared the bill passed.

SCS SB 301, relating to conveyance in Buchanan County, was taken up by Representative Hegeman.

On motion of Representative Hegeman, SCS SB 301 was truly agreed to and finally passed by the following vote:

Representative Smith declared the bill passed.

SB 295, relating to state aid to community colleges, was taken up by Representative McKenna.

On motion of Representative McKenna, SB 295 was truly agreed to and finally passed by the following vote:

Representative Smith declared the bill passed.

PERFECTION OF HOUSE BILL

HCS HB 428, as amended, relating to eluding a law enforcement official, was taken up by Representative Kelly (36).

Representative Kennedy offered House Amendment No. 2.

Speaker Pro Tem Abel assumed the Chair.

Representative Wright raised a point of order that House Amendment No. 2 is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Carnahan offered House Amendment No. 2.

Representative Wright raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Levin offered House Amendment No. 2.

Representative Monaco raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

House Amendment No. 2 was withdrawn.

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 428, Page 1, Section 575.155, Line 14, by inserting before the number "3." the following:

"when the person eludes a law enforcement official by operating a motor vehicle and such operation presents a substantial risk of serious bodily injury or death to any person, and in all other cases knowingly eluding a law enforcement official is a class A misdemeanor."; and

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

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

On motion of Representative Kelly (36), HCS HB 428, as amended, was adopted.

On motion of Representative Kelly (36), HCS HB 428, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

HCS HB 14, relating to appropriations, was taken up by Representative Green (73).

Representative Marble offered House Amendment No. 1.

House Amendment No. 1 was withdrawn.

Representative Purgason offered House Amendment No. 1.

Representative Selby raised a point of order that House Amendment No. 1 is not a true amendment.

The Chair ruled the point of order well taken.

Representative Hosmer offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 14, Page 5, Section 14.020, Line 4, by deleting the number "10,915,747" and inserting in lieu thereof the number "25,084,080"; and

Further amend said section, Page 6, Line 24, by deleting the number "2,636,700" and inserting in lieu thereof the number "6,768,367"; and

Further amend said section and page, Line 25, by deleting the number "14,100,000" and inserting in lieu thereof the number "32,400,000"; and

Further amend said bill, Page 7, Section 14.050, by deleting and section and inserting in lieu thereof the following:

"Section 14.050. There is transferred out of the State Treasury, chargeable to the Healthy Families

Trust Fund Thirty-Two Million, Four Hundred Thousand Dollars ($32,400,000) to the Healthy

Families Trust Fund - Tobacco Prevention Account

From Healthy Families Trust Fund $32,400,000"; and

Further amend said page, Section 14.060, by deleting said section and inserting in lieu thereof the following:

"Section 14.060. There is transferred out of the State Treasury, chargeable to the Healthy Families

Trust Fund, One Hundred Six Million, Seven Hundred Thousand Dollars ($106,700,000) to the

Fund for Missouri's Future

From Health Families Trust Fund $106,700,000".

Representative Foley raised a point of order that House Amendment No. 1 is out of order in accordance to Rule 49.

The Chair ruled the point of order not well taken.

Representative Hosmer moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Scott offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 14, Page 1, Section 14.005, Line 4, by deleting the number "2,015,511" and inserting in lieu thereof the number "1,015,511"; and

Further amend said section, Line 7, by deleting the number "2,168,633" and inserting in lieu thereof the number "1,168,633"; and

Further amend said section, Line 7, by inserting immediately after said line the following:

"To the Department of Health

For the Center for Local Public Health Services

For the purpose of funding core public health functions and related expenses

From Healthy Families Trust Fund - Health Care Account 1,000,000".

HCS HB 14, with House Amendment No. 2, pending, was laid over.

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 HB 236, entitled:

An act to amend chapter 210, RSMo, by adding thereto one new section relating to the state juvenile information system.

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 HB 266.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 491, entitled:

An Act to repeal sections 77.370 and 77.450, RSMo 2000, relating to certain municipalities, and to enact in lieu thereof two new sections relating to the same subject.

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 HB 664.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 745.

On motion of Representative Crump, the House recessed until 2:00 p.m.

AFTERNOON SESSION

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

The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Taylor Keal.

Mike Otto, Missouri's Outstanding Principal, addressed the House.

RESOLUTION

Representative Troupe offered House Resolution No. 1668.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1651 - Representative Kelly (27)

House Resolution No. 1652 - Representative Fares

House Resolution No. 1653 - Representative Bonner

House Resolution No. 1654 - Representatives Harding and Phillips

House Resolution No. 1655

and

House Resolution No. 1656 - Representative Kelly (36)

House Resolution No. 1657 - Representative Skaggs

House Resolution No. 1658 - Representative Boucher, et al

House Resolution No. 1659

through

House Resolution No. 1664 - Representative Lograsso, et al

House Resolution No. 1665 - Representative Lograsso

House Resolution No. 1666

and

House Resolution No. 1667 - Representative Ward

PERFECTION OF HOUSE BILL - APPROPRIATIONS

HCS HB 14, with House Amendment No. 2, pending, relating to appropriations, was again taken up by Representative Green (73).

Representative Scott moved that House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Purgason moved that Rule 49(d) be suspended for the purpose of offering and adopting HS HCS HB 14.

Representative Monaco raised a point of order that the motion to offer HS HCS HB 14 is not timely.

The Chair ruled the point of order not well taken.

Representative Crump requested a division of the question on the motion to suspend Rule 49(d) and the offering and adoption of HS HCS HB 14.

PART I - Suspension of Rule 49(d)

On motion of Representative Purgason, Part I was adopted by the following vote:

Part II - Offering and adoption of HS HCS HB 14.

Representative Purgason offered HS HCS HB 14.

Representative Purgason moved that HS HCS HB 14 be adopted.

Which motion was defeated by the following vote:

Representative Crawford offered House Amendment No. 3.

Representative Hanaway raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

On motion of Representative Green (73), HCS HB 14 was adopted.

On motion of Representative Green (73), HCS HB 14 was ordered perfected and printed.

PERFECTION OF HOUSE BILL - INFORMAL

HB 555, relating to life sciences research program, was taken up by Representative Foley.

Representative Foley offered HS HB 555.

Representative Graham offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 555, Page 8, Section 192.1010, Line 12, by inserting immediately after said line the following:

"9. Notwithstanding any provision of sections 192.1010 to 192.1035 to the contrary, moneys granted by the life sciences research board shall not be used for performing, assisting with, or referring for abortions, or encouraging or counseling patients to have abortions."; and

Further amend current subsection 9 of said section by renumbering said section accordingly.

Representative Liese offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Bill No. 555, Page 8, Section 192.1010, Line 15 of said page, by deleting the number "192.1030" and inserting in lieu thereof the number "192.1035"; and

Further amend said bill, Pages 16 and 17, Section 192.1035, by deleting all of said section and inserting in lieu thereof the following:

"192.1035. 1. Notwithstanding the provisions of sections 192.1010 to 192.1025, no grant awards shall be paid, granted or used to subsidize in whole or in part:

(1) Abortion services; or

(2) Destructive human research; or

(3) Development of drugs or chemicals intended to be used to induce an abortion; or

(4) Human cloning.

2. For purposes of this section, the following terms mean:

(1) "Abortion services", performing or inducing, assisting in performing or inducing, or referring a woman for an abortion, except when necessary to save the life of the mother;

(2) "Child", if in utero, the same as an unborn child as defined in section 188.015, RSMo, and if ex utero, a human being at any of the stages of biological development of an unborn child from conception onward;

(3) "Destructive human research", research in which there is the taking or utilization of the organs, tissue or cellular material of a:

(a) Deceased child, unless consent is given in the manner provided in sections 194.210 to 194.290, RSMo, relating to anatomical gifts, and neither parent cause the death of such child or consented to another person causing the death of such child;

(b) Living child, when the intended or likely result of such taking or utilization is to kill or cause serious harm to the health, safety or welfare of such child, or when the purpose is to target such child for possible destruction in the future;

(4) "Facilities and administrative costs", those costs that are incurred for common or joint objectives and therefor cannot be identified readily and specifically with a particular research project or any other institutional activity;

(5) "Grant awards", awards of state funds pursuant to sections 192.1010 to 192.1035;

(6) "Human cloning", the replication of a human being genetically identical to another human being;

(7) "Research project", research specified in the grant award conducted under the auspices of the institution or institutions that applied for and received such grant award pursuant to sections 192.1010 to 192.1035, regardless of whether the research is funded in whole or part by such grant award. Such research shall include basic research, including the discovery of new knowledge; translational research, including translating knowledge into a usable form; and development research and clinical research, including but not limited to health research in human development and aging, cancer, endocrine, cardiovascular, neurological, pulmonary and infectious disease, and nutrition and food safety.

3. No grant awards shall be paid or granted pursuant to sections 192.1010 to 192.1035 to or on behalf of an existing or proposed research project that involves, as part of the project, abortion services, destructive human research, development of drugs or chemicals intended to be used to induce an abortion or human cloning. A research project that receives a grant award shall not share costs with another research project, person or entity not qualified to receive a grant award pursuant to sections 192.1010 to 192.1035; provided, however, the research project that receives a grant award may pay facilities and administrative costs directly allocable to such research project. A research project that receives a grant award shall maintain financial records that demonstrate strict compliance with this section. The audit conducted pursuant to section 192.1015 shall also certify compliance with this section.

4. The grant application shall describe in detail the proposed research project and how the research project shall be conducted in compliance with the requirements of sections 192.1010 to 192.1035. The life sciences research board shall not approve a grant award unless the board makes specific written findings that such research project shall be conducted in compliance with sections 192.1010 to 192.1035. The grant application and the grant award shall be a public record within the meaning of chapter 610, RSMo. The board shall promulgate rules in accordance with chapter 536, RSMo, to implement the provisions of this subsection.

5. Any taxpayer of this state or its political subdivisions shall have standing to bring suit against the department of health, members of the board, and the officers and employees of the department and the board in any circuit court with jurisdiction to enforce the provisions of this section.

6. Sections 192.1010 to 192.1035 shall not be construed to permit or make lawful any conduct that is otherwise unlawful pursuant to the laws of this state.

7. All of the provisions of sections 192.1010 to 192.1025 are severable; provided, however, the provisions of this section are not severable from the provisions of sections 192.1010 to 192.1025. If any provision of sections 192.1010 to 192.1025 is found to be invalid, unenforceable or unconstitutional, the remaining provisions of sections 192.1010 to 192.1025 shall be and remain valid. However, if any provision of this section is found to be invalid, unenforceable or unconstitutional, all of the provisions of sections 192.1010 to 192.1025 shall be invalid and unenforceable."; and

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

On motion of Representative Liese, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

Representative Hanaway offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 555, Page 17, Section 192.1035, Line 3, by inserting after said line the following:

"196.1075. 1. As used in sections 196.1075 to 196.1105, the following terms mean:

(1) "Account", an account within the health care trust fund created in subsection 2 of this section;

(2) "Health care trust fund", the fund created in subsection 2 of this section;

(3) "MSA", the master settlement agreement entered into on November 23, 1998, as amended, in the tobacco case;

(4) "Tobacco case", the case of State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General v. The American Tobacco Company, Inc., et al., case number 972-1465, filed in the circuit court of the City of St. Louis, state of Missouri;

(5) "Tobacco claim", any claim of the state of Missouri for conduct, acts or omissions arising out of or in any way related, in whole or in part, to the use, sale, distribution, manufacture, development, advertising, marketing or health affects of tobacco products; the exposure to tobacco products; or research, statements or warnings regarding the potential adverse affects of tobacco use, including those asserted in the tobacco case and any claims of the same or similar nature against any person or entity, including but not limited to the defendants in the tobacco case, provided that a claim of the state of Missouri for taxes or licensure fees shall not be considered a tobacco claim;

(6) "Tobacco claim payment", any moneys or proceeds of any moneys, including interest thereon, paid into the state treasury as a result of a tobacco claim, including but not limited to a payment to the state of Missouri pursuant to the MSA or any other tobacco claim settlement, award or judgment. Tobacco claim payment shall include any moneys paid into the state treasury that results in a direct offset or reduction of moneys received into the state treasury pursuant to the MSA or any other tobacco claim settlement, award or judgment.

2. The first one hundred twenty-five million dollars of tobacco claim payments shall be deposited in an endowment fund to be known as the "Fund for Missouri's Future" and shall not be subject to appropriation without a two-thirds vote of the members elected to each house of the general assembly as authorized by a concurrent resolution. The state treasurer shall invest moneys in the fund in the same manner as surplus funds are invested pursuant to section 30.260, RSMo. All earnings resulting from the investment of the moneys in the fund for Missouri's future shall be credited to such fund until the corpus of the fund reaches one billion dollars. Any tobacco claim payments received by the state after the initial one hundred twenty-five million dollars is deposited in the fund for Missouri's future and any earnings resulting from the investment of the moneys in the fund after the corpus of the fund reaches one billion dollars shall be deposited into a special trust fund to be known as the "Health Care Trust Fund" and shall be allocated by the state treasurer into separate accounts within the health care trust fund in accordance with sections 196.1075 to 196.1105 and shall be subject to appropriation for smoking prevention and cessation, early childhood care and education, prescription drug coverage and health care, and life sciences and medical research.

3. No moneys shall be withdrawn from the health care trust fund or any account of such fund except by an appropriation for the purpose and use authorized for such fund and any applicable account. No obligation for payment of moneys so appropriated from the health care trust fund and any applicable account of such fund shall be incurred and paid unless the commissioner of the office of administration certifies it for payment and further certifies that:

(1) The moneys were properly allocated to the health care trust fund and any applicable account by the state treasurer;

(2) The expenditure is within the purpose and use required for the health care trust fund and any applicable account;

(3) The expenditure is within any more specific purpose or use lawfully contained within the appropriation made by the general assembly; and

(4) There is an appropriation of an unencumbered balance within the health care trust fund and any applicable account sufficient to pay it.

At the time of issuance, each certification shall be entered on the general accounting books as an encumbrance on the appropriation.

196.1078. 1. The state treasurer shall allocate tobacco claim payments credited to the health care trust fund as follows:

(1) Fifty-five percent of such moneys shall be placed into the prescription drug coverage and health care treatment and access account created in subsection 1 of section 196.1081;

(2) Ten percent of such moneys shall be placed into the tobacco prevention, education and cessation account created in section 196.1084;

(3) Fifteen percent of such moneys shall be placed into the early childhood care and education account created in section 196.1087;

(4) Twenty percent of such moneys shall be placed into the life sciences and medical research account created in section 196.1090.

2. All moneys in the health care trust fund shall be appropriated by the general assembly in a separate appropriations bill.

196.1081. The "Prescription Drug Coverage and Health Care Treatment and Access Account" is hereby created within the health care trust fund. Appropriations made by the general assembly from the health care treatment and access account, shall be used and expended solely for prescription drug coverage and health care.

196.1084. The "Tobacco Prevention, Education and Cessation Account" is hereby created within the health care trust fund. Moneys in the account shall be used solely for tobacco prevention, education and/or cessation, including but not limited to programs to prevent tobacco usage by minors, to prevent or reduce tobacco usage generally, and to prevent tobacco addiction.

196.1087. The "Early Childhood Care and Education Account" is hereby created within the health care trust fund. Moneys in the account shall be used solely for early childhood care and/or education, including but not limited to community grants. Appropriations made by the general assembly from the account shall be used and expended solely for the purpose provided in this section.

196.1090. The "Life Sciences and Medical Research Account" is hereby created within the health care trust fund and shall be used and expended solely for life sciences and medical research purposes.

196.1096. The commissioner of administration shall establish such books of account as are necessary to account for the proceeds of any tobacco claim payments made to the state of Missouri and interest thereon and shall make or refuse to make such certifications as are necessary to ensure that these funds are allocated, used and expended only for the purposes and in the proportions set forth in sections 196.1075 to 196.1105.

196.1099. Moneys which are appropriated from the health care trust fund for the purposes provided in sections 196.1075 to 196.1105 shall constitute additional amounts over and above any moneys that are appropriated for such purposes from general revenue as of July 1, 2000. The state shall not reduce the level of funding that was in effect on July 1, 2000, for such a purpose from general revenue sources because of the appropriation of moneys for such purpose from the health care trust fund.

196.1102. Any moneys received by the state as a result of the tobacco settlement agreement together with interest and earnings thereon shall not be classified as "total state revenues" as defined in sections 17 and 18 of article X of the Missouri Constitution and the expenditure of such moneys shall not be an "expense of state government" pursuant to section 20 of article X of the Missouri Constitution.

196.1105. Any funds received by the state as a result of any legal settlement or award which is not by statute dedicated to a specific fund or program shall be subject to appropriation by the general assembly for programs related to health care and education.

Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at a special election which is hereby ordered and which shall be held and conducted on the Tuesday immediately following the first Monday in November, 2001, 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.

Section C. The official summary statement for the proposed referendum measure of this act shall read as follows:

"Authorizes deposit of tobacco settlement moneys into funds for use in smoking prevention, health care and prescription drug coverage for seniors, life sciences and medical research, early childhood care and education, and an endowment fund which would not be subject to the constitutional limit on state spending. Defeat of the referendum measure would not create the funds and the moneys shall be credited to general revenue for appropriation by the general assembly."; and

Further amend the title and enacting clause accordingly.

Representative Scheve offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Bill No. 555, Page 1, In the Title, Lines 2 to 4 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"To amend chapters 192 and 196, RSMo, by adding thereto nineteen new sections relating to a life sciences research program and tobacco settlement, with a referendum clause for certain sections."; and

Further amend said bill, Page 17, Section 192.1035, Line 3 of said page, by inserting after all of said line the following:

"196.1075. 1. As used in sections 196.1075 to 196.1105, the following terms mean:

(1) "Account", an account within the health care trust fund created in subsection 2 of this section;

(2) "Health care trust fund", the fund created in subsection 2 of this section;

(3) "MSA", the master settlement agreement entered into on November 23, 1998, as amended, in the tobacco case;

(4) "Tobacco case", the case of State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General v. The American Tobacco Company, Inc., et al., case number 972-1465, filed in the circuit court of the City of St. Louis, state of Missouri;

(5) "Tobacco claim", any claim of the state of Missouri for conduct, acts or omissions arising out of or in any way related, in whole or in part, to the use, sale, distribution, manufacture, development, advertising, marketing or health affects of tobacco products; the exposure to tobacco products; or research, statements or warnings regarding the potential adverse affects of tobacco use, including those asserted in the tobacco case and any claims of the same or similar nature against any person or entity, including but not limited to the defendants in the tobacco case, provided that a claim of the state of Missouri for taxes or licensure fees shall not be considered a tobacco claim;

(6) "Tobacco claim payment", any moneys or proceeds of any moneys, including interest thereon, paid into the state treasury as a result of a tobacco claim, including but not limited to a payment to the state of Missouri pursuant to the MSA or any other tobacco claim settlement, award or judgment. Tobacco claim payment shall include any moneys paid into the state treasury that results in a direct offset or reduction of moneys received into the state treasury pursuant to the MSA or any other tobacco claim settlement, award or judgment.

2. The first one hundred twenty-five million dollars of tobacco claim payments shall be deposited in an endowment fund to be known as the "Fund for Missouri's Future" and shall not be subject to appropriation without a two-thirds vote of the members elected to each house of the general assembly as authorized by a concurrent resolution. The state treasurer shall invest moneys in the fund in the same manner as surplus funds are invested pursuant to section 30.260, RSMo. All earnings resulting from the investment of the moneys in the fund for Missouri's future shall be credited to such fund until the corpus of the fund reaches one billion dollars. A separate and special trust fund to be known as the "Health Care Trust Fund" is hereby created in the state treasury. All tobacco claim payments received by the state after the initial one hundred twenty-five million dollars is deposited in the fund for Missouri's future as provided in this subsection and all earnings resulting from the investment of the moneys in the fund for Missouri's future after the corpus of such fund reaches one billion dollars shall be deposited into the health care trust fund. All moneys received in the health care trust fund shall be allocated by the state treasurer into separate accounts within the health care trust fund in accordance with sections 196.1075 to 196.1105 and shall be subject to appropriation for smoking prevention and cessation, early childhood care and education, prescription drug coverage and health care, and life sciences and medical research. If a transfer of the one hundred twenty-five million dollars into the endowment fund is made prior to the effective date of the act, it shall satisfy the provisions of this subsection and no additional transfers into the endowment fund shall be made unless as further provided by law.

3. No moneys shall be withdrawn from the health care trust fund or any account of such fund except by an appropriation for the purpose and use authorized for such fund and any applicable account. No obligation for payment of moneys so appropriated from the health care trust fund and any applicable account of such fund shall be incurred and paid unless the commissioner of the office of administration certifies it for payment and further certifies that:

(1) The moneys were properly allocated to the health care trust fund and any applicable account by the state treasurer;

(2) The expenditure is within the purpose and use required for the health care trust fund and any applicable account;

(3) The expenditure is within any more specific purpose or use lawfully contained within the appropriation made by the general assembly; and

(4) There is an appropriation of an unencumbered balance within the health care trust fund and any applicable account sufficient to pay it.

At the time of issuance, each certification shall be entered on the general accounting books as an encumbrance on the appropriation.

196.1078. 1. The state treasurer shall allocate tobacco claim payments credited to the health care trust fund as follows:

(1) Sixty percent of such moneys shall be placed into the prescription drug coverage and health care treatment and access account created in subsection 1 of section 196.1081;

(2) Ten percent of such moneys shall be placed into the tobacco prevention, education and cessation account created in section 196.1084;

(3) Ten percent of such moneys shall be placed into the early childhood and youth development care and education account created in section 196.1087;

(4) Twenty percent of such moneys shall be placed into the life sciences and medical research account created in section 196.1090.

2. All moneys in the health care trust fund shall be appropriated by the general assembly in a separate appropriations bill.

196.1081. The "Prescription Drug Coverage and Health Care Treatment and Access Account" is hereby created within the health care trust fund. Appropriations made by the general assembly from the health care treatment and access account, shall be used and expended solely for prescription drug coverage and health care.

196.1084. The "Tobacco Prevention, Education and Cessation Account" is hereby created within the health care trust fund. Moneys in the account shall be used solely for tobacco prevention, education and/or cessation, including but not limited to programs to prevent tobacco usage by minors, to prevent or reduce tobacco usage generally, and to prevent tobacco addiction.

196.1087. The "Early Childhood and Youth Development Care and Education Account" is hereby created within the health care trust fund. Moneys in the account shall be used solely for early childhood and youth development care and/or education, including but not limited to community grants. Appropriations made by the general assembly from the account shall be used and expended solely for the purpose provided in this section.

196.1090. The "Life Sciences and Medical Research Account" is hereby created within the health care trust fund and shall be used and expended solely for life sciences and medical research purposes.

196.1093. At least ten percent of moneys appropriated from the accounts pursuant to sections 196.1081, 196,1084, 196.1087 and 196.1090, other than moneys used for prescription drug coverage, shall be used for programs and grants that benefit minorities, women and at-risk children and communities through community based not-for-profit organizations.

196.1096. The commissioner of administration shall establish such books of account as are necessary to account for the proceeds of any tobacco claim payments made to the state of Missouri and interest thereon and shall make or refuse to make such certifications as are necessary to ensure that these funds are allocated, used and expended only for the purposes and in the proportions set forth in sections 196.1075 to 196.1105.

196.1099. Moneys which are appropriated from the health care trust fund for the purposes provided in sections 196.1075 to 196.1105 shall constitute additional amounts over and above any moneys that are appropriated for such purposes from general revenue as of July 1, 2000. The state shall not reduce the level of funding that was in effect on July 1, 2000, for such a purpose from general revenue sources because of the appropriation of moneys for such purpose from the health care trust fund. This section shall not apply to amounts appropriated or expended for the purposes of administering section 135.095, RSMo.

196.1102. Any moneys received by the state as a result of the tobacco settlement agreement together with interest and earnings thereon shall not be classified as "total state revenues" as defined in sections 17 and 18 of article X of the Missouri Constitution and the expenditure of such moneys shall not be an "expense of state government" pursuant to section 20 of article X of the Missouri Constitution.

196.1105. Any funds received by the state as a result of any legal settlement or award which is not by constitution or statute dedicated to a specific fund or program shall be subject to appropriation by the general assembly for programs related to health care and education."; and

Further amend said bill, Page 17, Section 1, Line 24 of said page, by inserting after all of said line the following:

"Section B. Sections 196.1075, 196.1078, 196.1081, 196.1084, 196.1087, 196.1090, 196.1093, 196.1096, 196.1099, 196.1102 and 196.1105 of section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at a special election which is hereby ordered and which shall be held and conducted on the Tuesday immediately following the first Monday in November, 2001, 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 on July 1, 2002, after approved by a majority of the votes cast thereon at such election and not otherwise.

Section C. The official summary statement for the proposed referendum measure of this act shall read as follows:

"Authorizes deposit of tobacco settlement moneys into funds for use in smoking prevention, health care and prescription drug coverage for seniors, life sciences and medical research, early childhood and youth development care and education, and an endowment fund which would not be subject to the constitutional limit on state spending. Defeat of the referendum measure would not create the funds and the moneys shall be credited to general revenue for appropriation by the general assembly."; and

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

On motion of Representative Scheve, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted.

Representative Boucher offered House Amendment No. 3.

Representative Foley raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Reid offered House Amendment No. 3.

Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.

The Chair ruled the point of order well taken.

On motion of Representative Foley, HS HB 555, as amended, was adopted.

On motion of Representative Foley, HS HB 555, as amended, was ordered perfected and printed.

ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTION

HCR 25, relating to bonds for UMC sports arena, was taken up by Representative Graham.

Representative Graham offered HS HCR 25.

Representative Monaco assumed the Chair.

Speaker Kreider resumed the Chair.

On motion of Representative Graham, HS HCR 25 was adopted.

Representative Scheve assumed the Chair.

On motion of Representative Graham, HS HCR 25 was read the third time and passed by the following vote:

Representative Scheve declared the bill passed.

Representative Boucher requested a verification of the roll call on the third reading and final passage of HS HCR 25.

The Chair denied the request for a verification of the roll call on HS HCR 25.

PERFECTION OF HOUSE BILL

HCS HBs 663 & 375, relating to tax credits, was placed on the Informal Calendar.

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 SB 58, SCS SB 178, SCS SB 270, SB 321, SB 443, and SB 575 begs leave to report it has examined the same and pursuant to Rule 48 concurs in the reports of the committees of origin to place said bills on the House Consent Calendar for Third Reading and Final Passage.

Mr. Speaker: Your Committee on Rules, Joint Rules, and Bills Perfected and Printed, to which was referred HCS SB 191, begs leave to report it has examined the same and recommends that it be returned to the committee of origin.

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 SS SCS SJRs 1 & 4, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 8 of article III of the Constitution of Missouri relating to term limits, and adopting two new sections in lieu thereof relating to the same subject.

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 HB 48.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 129.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 180.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 247 & 330, entitled:

An act to repeal sections 226.540, 226.550 and 226.585, RSMo 2000, relating to highway beautification, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

Emergency clause defeated.

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 HCS HB 274, entitled:

An act to repeal section 171.033, RSMo 2000, relating to inclement weather exceptions for mandatory days of school attendance, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

With Senate Amendment No. 1 to Senate Committee Amendment No. 1, Senate Committee Amendment No. 1, as amended.

Senate Committee Amendment No. 1

AMEND House Committee Substitute for House Bill No. 274, Page 2, Section 173.033, Line 20, by inserting after "year." the following:

"A school district which held class for a full school day during the 2000-01 school year and after November 20, 2000, on a day in which at least one adjoining school district or at least one other district headquartered in the same county cancelled classes due to inclement weather may report its daily attendance for such day, for the purposes of determining state school aid pursuant to section 163.031, RSMo, based upon the district's average daily attendance for the preceding school year, provided that no district may report attendance pursuant to this subsection for more than five school days during the 2000-01 school year.".

Senate Amendment No. 1

to

Senate Committee Amendment No. 1

AMEND Senate Committee Amendment No. 1 to House Committee Substitute for House Bill No. 274, Page 1, Line 1, by striking "173.033" and inserting in lieu thereof the following: "171.033".

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 HB 454.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 551, 410, 539, 528 & 296, entitled:

An act to repeal sections 208.029, 210.170, 210.536 and 453.073, RSMo 2000, relating to children and families, and to enact in lieu thereof four new sections relating to the same subject.

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 HB 801, entitled:

An act relating to compliance with Title V of the federal Gramm-Leach-Bliley Financial Modernization Act of 1999, 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, April 26, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Sixty-first Day, Tuesday, April 24, 2001, pages 1255 and 1256, roll call, by showing Representative Myers voting "aye" rather than "absent with leave".

Pages 1293 and 1294, roll call, by showing Representative Sanders Brooks voting "present" rather than "absent with leave".

Pages 1295 and 1296, roll call, by showing Representative Hanaway voting "aye" rather than "absent with leave".

Pages 1297 and 1298, roll call, by showing Representative Henderson voting "aye" rather than "absent with leave".

Pages 1299 and 1300, roll call, by showing Representatives Boatright and Enz voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

CHILDREN, FAMILIES, AND HEALTH

Thursday, April 26, 2001, 8:30 am. Hearing Room 5.

Executive Session.

CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, April 26, 2001, 8:00 am. Senate Committee Room 2 (Room 119).

House Bills 2 through 12.

ENVIRONMENT AND ENERGY

Thursday, April 26, 2001, 8:30 am. Hearing Room 7.

Executive Session may follow.

To be considered - SCR 28

JOINT COMMITTEE ON GAMING AND WAGERING

Monday, April 30, 2001, 12:00 pm. Hearing Room 7.

State of the State: Gaming in MO, Missouri Gaming Commission,

Missouri Lottery and Horse Racing.

UTILITIES REGULATION

Thursday, April 26, 2001, 8:15 am. Hearing Room 6. Study Session.

Panel on Power Plant Construction.

Executive Session may follow.

HOUSE CALENDAR

SIXTY-THIRD DAY, THURSDAY, APRIL 26, 2001

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 15 & 13 - Crawford

HOUSE BILLS FOR PERFECTION - APPROPRIATIONS

1 HB 16, HCA 1 - Green (73)

2 HB 17, HCA 1 - Green (73)

HOUSE BILLS FOR PERFECTION

1 HCS HB 457, HA 2, as amended, tabled - Kreider

2 HCS HB 593 - Riback Wilson (25)

3 HCS HB 170 - Froelker

4 HCS HB 239 - Smith

5 HB 715 - Foley

6 HB 802 - Ransdall

7 HCS HB 374 - Fraser

8 HCS HB 635 - Barry

9 HCS HB 868 - Merideth

10 HCS HB 253 - Ross

11 HB 809, HCA 1 - Carnahan

12 HCS HB 340, 303 & 316 - Graham

13 HB 640 - Johnson (90)

14 HCS HB 723 - Mays (50)

15 HCS HB 117 - Riback Wilson (25)

16 HCS HB 307 - Wiggins

17 HCS HB 921 - Curls

18 HB 911 - Carnahan

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HCS HB 981 & 665 - Willoughby

3 HCS HB 853 & 258 - Crump

4 HCS HB 186 & 172 - Troupe

5 HCS HB 888, 942 & 943 - Scheve

6 HCS HB 279 - Shoemyer

7 HCS HB 472 - Burton

8 HCS HB 780 - Scheve

9 HCS HB 293 - Kennedy

10 HCS HB 663 & 375 - Kennedy

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 12, (3-29-01, page 894) - Haywood

HOUSE JOINT RESOLUTION FOR THIRD READING

HCS HJR 7 - Koller

HOUSE BILL FOR THIRD READING - APPROPRIATIONS

HCS HB 14 - Green (73)

HOUSE BILLS FOR THIRD READING

1 HS HB 349 - Hosmer

2 HS HCS HB 835, 90, 707, 373, 641, 510, 516 & 572, (Fiscal Review 4-23-01) - Britt

3 HS HCS HB 280, 69, 497 & 689, (Fiscal Review 4-19-01) - Hoppe

4 HB 527, (Fiscal Review 4-19-01) - Luetkenhaus

5 HS HB 736, (Fiscal Review 4-19-01) - Liese

6 HB 366, E.C. (Fiscal Review 4-19-01) - Champion

7 HS HB 286, E.C. - Smith

8 HB 436 - Merideth

9 HS HCS HB 488 - Koller

10 HB 592, E.C. (Fiscal Review 4-25-01) - Williams

11 HCS HB 660, E.C. - Hagan-Harrell

12 HB 678 - Seigfreid

13 HCS HB 426 - O'Toole

14 HCS HB 831 - Carnahan

SENATE JOINT RESOLUTION FOR SECOND READING

SS SCS SJR 1 & 4

SENATE BILLS FOR SECOND READING

1 SCS SB 247 & 330

2 SS SCS SB 551, 410, 539, 528 & 296

SENATE BILLS FOR THIRD READING - CONSENT

1 HCS SB 321 - Crump

2 SB 394 - Hosmer

3 SB 442 - O'Connor

4 SB 203 - O'Toole

5 HCS SCS SB 151 - Gaskill

6 SCS SB 234 - Kennedy

7 SB 553 - Barnett

8 SCS SB 270 - Monaco

9 SCS SB 341 - Britt

10 SB 87 - Smith

11 SCS SB 431, E.C. - Shoemyer

12 SB 142 - Robirds

13 SCS SB 383 - Harding

14 SB 436 - Koller

15 SB 606 - Clayton

16 SB 605 - Luetkenhaus

17 SB 111 - Ostmann

18 HCS SB 544 - Relford

19 SB 200 - Thompson

20 SB 316 - Hagan-Harrell

21 SCS SB 357, E.C. - Johnson (90)

22 SB 207 - Kennedy

23 SB 252 - Surface

24 SB 443, E.C. - Hosmer

25 SCS SB 384 - Johnson (90)

26 SCS SB 241 - Ward

27 HCS SCS SB 382, E.C. - Liese

28 SB 224, E.C. - Luetkemeyer

29 SB 179 - Wagner

30 SB 435 - Koller

31 SB 223 - Hosmer

32 HCS SCS SB 520 - Myers

33 HCS SB 227 - Burton

34 SB 110 - Ladd Baker

35 SCS SB 514 - Hosmer

36 SB 353, HCA 1 - Shields

37 HCS SB 274 - Harlan

38 HCS SCS SB 568 - Davis

39 SB 451 - Mays (50)

40 SCS SB 352 - Lawson

41 HCS SCS SB 178 - Hoppe

42 HCS SB 345 - Holt

43 HCS SCS SB 515 - Kennedy

44 SCS SB 407 - Hilgemann

45 SB 540 - Levin

46 HCS SCS SB 619, E.C. - Hoppe

47 SB 201 - Farnen

48 SB 58 - Wagner

49 SB 303 - Relford

50 HCS SB 610 - Hoppe

51 SCS SB 13 - Ross

52 HCS SB 543 - Britt

53 SB 556 - Hoppe

54 SB 575 - Davis

55 HCS SB 304 - Monaco

56 SB 406 - Scott

57 SCS SB 197 - Luetkenhaus

58 SB 148 - Seigfreid

59 HCS SB 307 - Froelker

60 HCS SB 348 - Barry

61 HCS SB 538 - Luetkemeyer

BILLS IN CONFERENCE

1 SCS HCS HB 2 - Green (73)

2 SCS HCS HB 3 - Green (73)

3 SCS HCS HB 4 - Green (73)

4 SCS HCS HB 5 - Green (73)

5 SCS HCS HB 6, as amended - Green (73)

6 SCS HCS HB 7 - Green (73)

7 SCS HCS HB 8 - Green (73)

8 SCS HCS HB 9 - Green (73)

9 SCS HCS HB 10, as amended - Green (73)

10 SCS HCS HB 11, as amended - Green (73)

11 SCS HCS HB 12 - Green (73)
Missouri House of Representatives