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:

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:

Representative Abel offered 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.

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.

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.

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.

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.

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.

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:

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:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

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".

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.