Missouri House of RepresentativesSecond Regular Session, 90th General Assembly
FIFTY-SECOND DAY, Tuesday, April 11, 2000
Speaker Gaw in the Chair.
Prayer by Reverend Rudy Beard.
O Lord, to whom we will all have to account, grant us Your aid, that the work done this day may be pleasing to You.
If any here are in ill spirits, or clinging to grudges, if any are unable to let go of old hurts or sustain bitterness, then we pray that You will bless them.
Help this House to cheerfully bear with one another. And give to these men and women a quiet and understanding spirit. Bless them as they serve this day, and give life to their good intentions. To You be glory and honor, 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: Brittanie Ross, Spencer Long, Beth Millay, Dustin Seaman, Amanda Nettles, Becky Tullock, Danny Jurczyk, Eddie Leppert, Michael Osterhaus, Amy Revenaugh, Emily DeStefano, Bridget McConnell, Cassie Maas, Eric Greenley, John Greenley, Andy Greenley, Kristen Ohlms, Jessica Ohlms, Courtney Ohlms, Jared Houk, Brandon D. Morgan, Josh Nichols, Alana Copeland, Abbey Riley, Cassie Jadlot, Brad Newman, Amy Strawhun, Julie Bellm, Danny Olwig, Phillip Bascio, Eric Richmond, Daniel Dempsey, Clint Satyavelu, Jason Rathke, Matt Stephens, Jerald Wallut, Mary Carter, Mary Evans, Tyrone Thompson, Jessica Shane, Douglas Shane and Kathryn Shane.
The Journal of the fifty-first day was approved as corrected by the following vote:
AYES: 084
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Gratz Green Griesheimer
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Overschmidt
Parker Ransdall Relford Riley Rizzo
Scheve Schilling Seigfreid Selby Shelton
Skaggs Smith Thompson Treadway Troupe
Van Zandt Wagner Ward Wiggins Williams 121
Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 070
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Berkstresser Black Blunt
Boatright Burton Champion Chrismer Cierpiot
Crawford Dolan Elliott Enz Evans
Foster Froelker Gaskill Gibbons Graham 106
Gross Hanaway Hartzler 123 Hegeman Hendrickson
Hohulin Howerton Kasten Kelley 47 King
Klindt Legan Levin Linton Long
Loudon Luetkemeyer Marble McClelland Miller
Murphy Myers Naeger Nordwald Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Reinhart Richardson Ridgeway Robirds Ross
Schwab Scott Secrest Shields Summers
Surface Townley Tudor Vogel Wright
PRESENT: 001
Reid
ABSENT WITH LEAVE: 006
Hartzler 124 Holand Lograsso Reynolds Sallee
Stokan
VACANCIES: 002
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1072
through
House Resolution No. 1074 - Representative Berkstresser
House Resolution No. 1075 - Representative Barry
House Resolution No. 1076
through
House Resolution No. 1083 - Representative Ward
House Resolution No. 1084
through
House Resolution No. 1087 - Representative Boykins
House Resolution No. 1088 - Representative McKenna
House Resolution No. 1089
and
House Resolution No. 1090 - Representatives Ross and Lograsso
House Resolution No. 1091 - Representative Ross
House Resolution No. 1092 - Representative Wright
House Resolution No. 1093 - Representative Townley
House Resolution No. 1094 - Representative Holand
SECOND READING OF HOUSE JOINT RESOLUTION
HJR 74 was read the second time.
SECOND READING OF HOUSE BILL
HB 2156 was read the second time.
SECOND READING OF SENATE BILLS
SCS SB 683, SB 864, SB 956, SCS SB 1059, SCS SB 1066 and SCS SB 1075 were
read the second time.
COMMITTEE REPORTS
Committee on Fiscal Review, Chairman Backer reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HS HCS HB 1305 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HS HCS HBs 1677, 1675 & 1676 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
PERFECTION OF HOUSE BILLS
HCS HB 1711, as amended, with House Amendment No. 4, pending, relating to prescription drug costs, was taken up by Representative Abel.
Representative Troupe offered House Substitute Amendment No. 1 for House Amendment No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1711, Page 1, Section 376.891, Line 14, by inserting after the word "pharmacy" the following:
"The division of medical services shall use the same reimbursement rate for all pharmacies participating in the Medicaid program on a fee-for-services basis."; and
Further amend House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 32, by inserting after said line the following:
"6. No policy, contract or plan shall permit or mandate any difference in coverage for or impose any different conditions, including, but not limited to, copayments, deductibles or coinsurance or the number of days for the supply of the drug, whether the prescription benefits are provided through direct contact with a pharmacy or by use of a mail order pharmacy so long as the provider selected is a participant in the plan involved."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Naeger raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 4 is not a true substitute amendment.
The Chair ruled the point of order not well taken.
On motion of Representative Troupe, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.
Representative Naeger offered House Amendment No. 5.
Representative Monaco raised a point of order that House Amendment No. 5 contains language previously rejected by the adoption of House Substitute Amendment No. 1 for House Amendment No. 4.
The Chair ruled the point of order well taken.
Representative Ford offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 32, by adding after said line all of the following:
"Persons aged 65 years or older who are not covered by Medicare, Medicaid or other private insurance shall not be charged for any legal drug prescription."
Representative Scott offered House Amendment No. 1 to House Amendment No. 5.
House Amendment No. 1
to
House Amendment No. 5
AMEND House Amendment No. 5 to House Committee Substitute for House Bill No. 1711, Page 1, Section 376.891, Line 1, by deleting the word "65" and inserting in lieu thereof the word "110".
Representative Elliott offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 5.
Representative Britt raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 5 is not a true substitute amendment and goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
House Amendment No. 1 to House Amendment No. 5 was withdrawn.
House Amendment No. 5 was withdrawn.
Representative Reid offered House Amendment No. 5.
Representative Relford raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Naeger offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 32, by inserting after the following:
"Section 2. No individual or group health insurance policy providing coverage on an expense incurred basis, no individual or group service or indemnity type contract issued by a not for profit corporation, no individual or group service contract issued by a health maintenance organization, no self-insured group arrangement, to the extent not preempted by law, and no managed health care entity plan of any type or description, that are delivered, issued for delivery, continued or renewed on or after August 28, 2000, which provide coverage for pharmaceutical benefits or services shall reimburse any pharmacy or pharmacist for dispensing any prescription or providing any service at less than the rate paid by the department of social services for the same fees or services pursuant to section 1 of this act, so long as the pharmacy or pharmacist is a medicaid provider in this state.".
Representative Monaco raised a point of order that House Amendment No. 5 amends previously amended material.
The Chair ruled the point of order not well taken.
Representative Smith assumed the Chair.
On motion of Representative Naeger, House Amendment No. 5 was adopted by the following vote:
AYES: 094
Alter Ballard Barnett Bartelsmeyer Bartle
Bennett Berkowitz Black Blunt Boatright
Boucher 48 Boykins Champion Cierpiot Clayton
Crump Davis 122 Dougherty Enz Evans
Fitzwater Foley Ford Foster Froelker
Gaskill George Gibbons Graham 106 Graham 24
Green Griesheimer Hampton Harlan Hegeman
Hendrickson Hohulin Holand Hoppe Hosmer
Howerton Kasten Kelley 47 Kennedy King
Kissell Klindt Koller Lawson Leake
Legan Levin Liese Linton Lograsso
Luetkenhaus Marble McClelland McKenna McLuckie
Merideth Miller Murray Naeger Nordwald
O'Toole Ostmann Parker Phillips Pouche 30
Pryor Purgason Reid Reinhart Relford
Richardson Ridgeway Robirds Scheve Schwab
Secrest Seigfreid Selby Shields Smith
Summers Tudor Vogel Wiggins Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 057
Abel Auer Backer Barry 100 Bonner
Britt Burton Campbell Chrismer Crawford
Curls Davis 63 Days Elliott Farnen
Franklin Fraser Gambaro Gratz Gross
Gunn Hagan-Harrell Hanaway Hartzler 123 Hickey
Hilgemann Hollingsworth Kelly 27 Kreider Lakin
Loudon Luetkemeyer May 108 Mays 50 McBride
Monaco Murphy Myers O'Connor Overschmidt
Patek Ransdall Riley Rizzo Schilling
Scott Shelton Skaggs Surface Thompson
Townley Treadway Troupe Van Zandt Wagner
Ward Williams 121
PRESENT: 000
ABSENT WITH LEAVE: 010
Akin Berkstresser Bray 84 Dolan Hartzler 124
Long Reynolds Ross Sallee Stokan
VACANCIES: 002
Representative Reid offered House Amendment No. 6.
Representative Hollingsworth raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.
Representative Smith requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
On motion of Representative Abel, HCS HB 1711, as amended, was adopted.
On motion of Representative Abel, HCS HB 1711, as amended, was ordered perfected and printed.
HCS HB 1797, relating to insurance identification database, was taken up by Representative Gratz.
Representative Gratz offered HS HCS HB 1797.
Representative Gratz offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bill No. 1797, Page 1, In the Title, Line 7, by striking the word "five" and inserting in lieu thereof the word "six"; and
Further amend said bill, Page 1, Section A, Line 13, by striking the word "five" and inserting in lieu thereof the word "six"; and
Further amend said bill, Line 12, by inserting a comma after the term "303.412" and striking the next word "and"; and
Further amend said bill, Line 15, by inserting after the comma following the term "303.415" the words "and Section 390.128"; and
Further amend said bill, Page 14, Section 303.415, Line 5, by inserting after all of said line, the following additional section:
"390.128. 1. To assist motor carriers in certifying their motor vehicle financial responsibility as required pursuant to chapters 390 and 622, RSMo, the division of motor carrier and railroad safety within the state department of economic development shall provide by rule for the electronic filing by insurance companies of certificates of insurance required by section 390.126, RSMo. The division may provide by rule for the confirmation of coverage by insurance companies authorized to do business in the state through national clearinghouses or private databases. The division may provide by rule for the acceptance of proof of insurance from insurance companies located outside of the state.
2. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.".
On motion of Representative Gratz, House Amendment No. 1 was adopted.
Representative Britt offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bill No. 1797, Page 7, Section 303.406.6, Line 17, by deleting the word "grossly"; and
Further amend said section, Page 8, Line 2, by deleting the word "grossly".
On motion of Representative Britt, House Amendment No. 2 was adopted.
Representative Marble offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bill No. 1797, Page 10, Section 303.409, Line 6, by deleting the brackets around the word "certified"; and
Further amend by deleting the words "first class".
Representative Marble moved that House Amendment No. 3 be adopted.
Which motion was defeated.
HCS HB 1797, with HS, as amended, pending, was laid over.
PERFECTION OF HOUSE BILLS - INFORMAL
HCS HB 1362, relating to health insurance, was taken up and placed back on the Informal Calendar.
HCS HB 1602, relating to livestock sales regulations, was taken up and placed back on the Informal Calendar.
HCS HB 1143, relating to senior environmental corps, was taken up and placed back on the Informal Calendar.
On motion of Representative Foley, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Gaw.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1095
and
House Resolution No. 1096 - Representative Parker
House Resolution No. 1097
through
House Resolution No. 1099 - Representative Barry
House Resolution No. 1100 - Representative Abel
House Resolution No. 1101
and
House Resolution No. 1102 - Representative Hartzler (124)
House Resolution No. 1103 - Representative Kreider
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 1603, 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.
COMMUNICATION FROM THE SECRETARY OF STATE
TO THE SPEAKER OF THE HOUSE
Honorable Steve Gaw
Jefferson City, MO
Sir:
I, Rebecca McDowell Cook, Secretary of State of Missouri, hereby certify that at the Special Election held in the 37th Legislative District in the State of Missouri, on the 4th day of April, 2000, as provided by law, the following named person was elected to the office of State Representative, 37th Legislative District as shown by the election results certified to this office by the election authority of the 37th Legislative District.
Name Office
Sharon Sanders Brooks State Representative
2808 Charlotte Street 37th Legislative District
Kansas City, MO 64109
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office this 11th day of April, 2000.
/s/ Rebecca McDowell Cook
Secretary of State
OATH OF OFFICE
Sharon Sanders Brooks advanced to the bar and subscribed to the oath of office, which was administered by the Honorable Steve Gaw, Speaker of the Missouri House of Representatives.
PERFECTION OF HOUSE BILLS
HCS HB 1797, with HS, as amended, pending, relating to insurance identification database, was again taken up by Representative Gratz.
Representative Loudon offered House Amendment No. 4.
Representative Gratz raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Gratz, HS HCS HB 1797, as amended, was adopted.
On motion of Representative Gratz, HS HCS HB 1797, as amended, was ordered perfected and printed.
HCS HB 1569, relating to Missouri Equal Pay Act, was taken up by Representative Bray.
Representative Bray offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618.1(1), Line 7, by adding after the comma "," the following: "such additional amount".
On motion of Representative Bray, House Amendment No. 1 was adopted.
Representative Koller offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 19, by adding after said line the following:
"Any action filed pursuant to this section where a jury trial is requested shall only be filed in the circuit court of the county of the residence of the petitioner. If the petitioner is not a resident of this state, the action shall be filed in the circuit in which the action is alleged to have occurred.".
Speaker Pro Tem Kreider assumed the Chair.
Representative Shields offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
Representative Patek offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 19, by adding after said line the following:
"Any action filed pursuant to this section shall only be filed in the circuit court of the county of the residence of the plaintiff. If the petitioner is not a resident of this state, the action shall be filed in the circuit in which the action is alleged to have occurred.".
Representative Smith resumed the Chair.
Representative Patek moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 075
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Gratz
Griesheimer Gross Hampton Hanaway Hartzler 123
Hartzler 124 Hegeman Hohulin Holand Howerton
Kasten Kelley 47 King Klindt Koller
Legan Levin Linton Long Loudon
Luetkemeyer Marble McClelland Merideth Miller
Murphy Myers Naeger Nordwald Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Reinhart Richardson Robirds Ross Schwab
Scott Secrest Seigfreid Shields Summers
Surface Townley Tudor Vogel Wright
NOES: 083
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Green Gunn
Hagan-Harrell Harlan Hendrickson Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kelly 27 Kennedy
Kissell Kreider Lakin Lawson Leake
Liese Lograsso Luetkenhaus May 108 Mays 50
McBride McKenna McLuckie Monaco Murray
O'Connor O'Toole Overschmidt Parker Ransdall
Reid Relford Ridgeway Riley Rizzo
Scheve Schilling Selby Shelton Skaggs
Smith Thompson Treadway Troupe Van Zandt
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 004
Berkstresser Reynolds Sallee Stokan
VACANCIES: 001
Representative Marble offered House Substitute Amendment No. 2 for House Amendment No. 2.
House Substitute Amendment No. 2
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 19, by deleting the word "demand" and inserting in lieu thereof the word "reject"; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Marble moved that House Substitute Amendment No. 2 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 071
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
Kelley 47 King Klindt Legan Levin
Linton Long Loudon Luetkemeyer Marble
McClelland Miller Murphy Myers Naeger
Nordwald Ostmann Patek Phillips Pouche 30
Pryor Purgason Reinhart Richardson Ridgeway
Robirds Ross Schwab Scott Secrest
Shields Summers Surface Tudor Vogel
Wright
NOES: 083
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Green Gunn Hagan-Harrell
Hampton Harlan Hickey Hilgemann Hollingsworth
Hoppe Hosmer Kelly 27 Kennedy Kissell
Koller Kreider Lakin Lawson Leake
Liese Luetkenhaus May 108 Mays 50 McBride
McKenna McLuckie Merideth Monaco Murray
O'Connor O'Toole Overschmidt Parker Ransdall
Reid Relford Riley Rizzo Scheve
Schilling Seigfreid Selby Shelton Skaggs
Smith Thompson Treadway Troupe Van Zandt
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 001
Gratz
ABSENT WITH LEAVE: 007
Berkstresser Dougherty Lograsso Reynolds Sallee
Stokan Townley
VACANCIES: 001
Speaker Pro Tem Kreider resumed the Chair.
Representative Koller moved that House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 075
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Gratz
Griesheimer Gross Hampton Hanaway Hartzler 123
Hartzler 124 Hegeman Hohulin Holand Howerton
Kasten Kelley 47 King Klindt Leake
Legan Levin Linton Long Loudon
Luetkemeyer Marble Merideth Miller Murphy
Myers Naeger Nordwald Ostmann Overschmidt
Patek Phillips Pouche 30 Pryor Purgason
Reinhart Richardson Robirds Ross Schwab
Scott Secrest Seigfreid Shields Summers
Surface Townley Tudor Vogel Wright
NOES: 082
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Green Gunn
Hagan-Harrell Harlan Hendrickson Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kelly 27 Kennedy
Kissell Koller Kreider Lakin Lawson
Liese Luetkenhaus May 108 Mays 50 McBride
McClelland McKenna McLuckie Monaco Murray
O'Connor O'Toole Parker Ransdall Reid
Relford Ridgeway Riley Rizzo Scheve
Schilling Selby Shelton Skaggs Smith
Thompson Treadway Troupe Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 005
Berkstresser Lograsso Reynolds Sallee Stokan
VACANCIES: 001
Representative Seigfreid offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 14, by inserting after all of said line the following: "(4) No punitive damages shall be awarded."
On motion of Representative Seigfreid, House Amendment No. 3 was adopted.
Representative Blunt offered House Amendment No. 4.
Representative May (108) raised a point of order that House Amendment No. 4 amends previously amended material.
The Chair ruled the point of order well taken.
Representative Linton offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 3, by adding the following: "any minority status" after the word "race" and before the word "or"; and
Further amend said bill by adding the same change on line 12 before and after the same words.
Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 3, by adding the following: "any disability" after the word "race" and before the word "or"; and
Further amend said bill by adding the same change on line 12 before and after the same words.
On motion of Representative Monaco, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.
Representative Gibbons offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Lines 5 & 6, by deleting said lines and inserting in lieu thereof the following:
"for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions"; and
Further amend said section, Line 13, by deleting the words "substantially equivalent" and inserting in lieu thereof the word "equal".
On motion of Representative Gibbons, House Amendment No. 5 was adopted.
Representative Blunt offered House Amendment No. 6.
House Amendment No. 6
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 24, by inserting after all of said line the following:
"4. In any action brought pursuant to sections 290.610 to 290.618, the court or jury shall allow a reasonable amount of attorney's fees and other costs of the action to be paid by the losing party to the prevailing party."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Blunt moved that House Amendment No. 6 be adopted.
Which motion was defeated by the following vote:
AYES: 065
Akin Alter Ballard Barnett Bartelsmeyer
Bennett Black Blunt Boatright Burton
Champion Chrismer Cierpiot Crawford Dolan
Elliott Enz Evans Foster Froelker
Gaskill Graham 106 Griesheimer Gross Hartzler 123
Hartzler 124 Hegeman Hendrickson Hohulin Holand
Howerton Kasten King Klindt Legan
Levin Linton Long Loudon Luetkemeyer
Marble McClelland Miller Murphy Myers
Naeger Ostmann Patek Phillips Pouche 30
Pryor Purgason Reinhart Richardson Robirds
Schwab Scott Secrest Shields Summers
Surface Townley Tudor Vogel Wright
NOES: 087
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Gibbons Graham 24 Gratz
Green Gunn Hagan-Harrell Hampton Harlan
Hickey Hilgemann Hollingsworth Hoppe Hosmer
Kelly 27 Kennedy Kissell Koller Kreider
Lakin Lawson Leake Liese Luetkenhaus
May 108 Mays 50 McBride McKenna McLuckie
Merideth Monaco Murray O'Connor O'Toole
Overschmidt Parker Ransdall Reid Relford
Ridgeway Riley Rizzo Ross Scheve
Schilling Seigfreid Selby Shelton Skaggs
Smith Thompson Treadway Troupe Van Zandt
Wagner Ward Wiggins Williams 159 Wilson 25
Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 010
Bartle Berkstresser Hanaway Kelley 47 Lograsso
Nordwald Reynolds Sallee Stokan Williams 121
VACANCIES: 001
Representative Luetkemeyer offered House Amendment No. 7.
House Amendment No. 7 was withdrawn.
Representative Evans offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for House Bill No. 1569, Page 1, Section 290.610, Line 9, by deleting:
"[any person who employs six or more persons, including]".
Representative Evans moved that House Amendment No. 7 be adopted.
Which motion was defeated.
Representative Hegeman offered House Amendment No. 8.
House Amendment No. 8
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 24, at the end of said line by adding the following:
"4. In any action commenced pursuant to the provisions of section 290.610 to 290.618 in which payment of attorney's fees or other legal fees is contingent upon a monetary settlement or award of damages, such fees for legal services shall not exceed twenty-five percent of the total monetary settlement or award.".
Representative Hegeman moved that House Amendment No. 8 be adopted.
Which motion was defeated by the following vote:
AYES: 054
Akin Alter Ballard Barnett Bartelsmeyer
Bennett Blunt Boatright Burton Champion
Chrismer Crawford Elliott Enz Foster
Gaskill Graham 106 Gratz Griesheimer Gross
Hartzler 123 Hartzler 124 Hegeman Hohulin Holand
King Klindt Legan Levin Linton
Luetkemeyer Marble McClelland Miller Murphy
Myers Nordwald Ostmann Patek Phillips
Pouche 30 Pryor Purgason Reinhart Robirds
Schwab Scott Secrest Shields Summers
Surface Townley Vogel Wright
NOES: 097
Abel Auer Backer Barry 100 Bartle
Berkowitz Black Bonner Boucher 48 Boykins
Bray 84 Britt Brooks Campbell Clayton
Crump Curls Davis 122 Davis 63 Days
Dolan Dougherty Evans Farnen Fitzwater
Foley Ford Franklin Fraser Froelker
Gambaro George Gibbons Graham 24 Green
Gunn Hagan-Harrell Hampton Harlan Hendrickson
Hickey Hilgemann Hoppe Hosmer Howerton
Kasten Kelly 27 Kennedy Kissell Koller
Kreider Lakin Lawson Leake Liese
Lograsso Loudon Luetkenhaus May 108 Mays 50
McBride McKenna McLuckie Merideth Monaco
Murray O'Connor O'Toole Overschmidt Parker
Ransdall Reid Relford Richardson Ridgeway
Riley Rizzo Ross Scheve Schilling
Seigfreid Selby Shelton Skaggs Smith
Thompson Treadway Tudor Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
PRESENT: 001
Troupe
ABSENT WITH LEAVE: 010
Berkstresser Cierpiot Hanaway Hollingsworth Kelley 47
Long Naeger Reynolds Sallee Stokan
VACANCIES: 001
Speaker Gaw resumed the Chair.
Representative Bartle offered House Amendment No. 9.
House Amendment No. 9
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.614, Line 10, by deleting the word: "[disclosed,]".
On motion of Representative Bartle, House Amendment No. 9 was adopted.
Representative Patek offered House Amendment No. 10.
House Amendment No. 10 was withdrawn.
Representative Patek offered House Amendment No. 10.
House Amendment No. 10
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Lines 17 to 18, by deleting all of said lines and inserting in lieu thereof the following: "any one or more employees. Any party to such"; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Patek, House Amendment No. 10 was adopted.
Representative Pouche offered House Amendment No. 11.
House Amendment No. 11
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 21, by adding after said line the following:
"Any labor organizations or its agent which violate the provisions of this subsection shall also be subject to the penalties prescribed herein.".
Representative Pouche moved that House Amendment No. 11 be adopted.
Which motion was defeated.
Representative Marble offered House Amendment No. 12.
House Amendment No. 12
AMEND House Committee Substitute for House Bill No. 1569, Page 1, Section 290.610, Line 9, by placing a bracket around the word "six" and placing in lieu thereof the word "twenty-five".
Representative Marble moved that House Amendment No. 12 be adopted.
Which motion was defeated by the following vote:
AYES: 068
Akin Alter Barnett Bartelsmeyer Bartle
Bennett Black Blunt Boatright Burton
Champion Chrismer Cierpiot Crawford Enz
Evans Foster Froelker Gaskill Gibbons
Graham 106 Griesheimer Gross Hartzler 123 Hartzler 124
Hegeman Hendrickson Hohulin Holand Howerton
Kasten King Klindt Legan Levin
Lograsso Loudon Luetkemeyer Marble McClelland
Merideth Miller Murphy Myers Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Ransdall Reinhart Relford Richardson Ridgeway
Robirds Ross Schwab Secrest Shields
Summers Surface Townley Tudor Vogel
Wagner Williams 159 Wright
NOES: 076
Abel Backer Barry 100 Berkowitz Bonner
Boucher 48 Boykins Bray 84 Britt Brooks
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Green Gunn Hagan-Harrell
Hampton Harlan Hickey Hilgemann Hollingsworth
Hoppe Hosmer Kelly 27 Kennedy Kissell
Koller Kreider Lakin Leake Liese
Luetkenhaus May 108 Mays 50 McBride McKenna
McLuckie Monaco Murray O'Connor O'Toole
Overschmidt Parker Reid Riley Rizzo
Scheve Schilling Seigfreid Selby Shelton
Skaggs Smith Thompson Treadway Van Zandt
Ward Wiggins Williams 121 Wilson 25 Wilson 42
Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 018
Auer Ballard Berkstresser Dolan Elliott
Gratz Hanaway Kelley 47 Lawson Linton
Long Naeger Nordwald Reynolds Sallee
Scott Stokan Troupe
VACANCIES: 001
Representative Bartle offered House Amendment No. 13.
Representative Bray raised a point of order that House Amendment No. 13 amends previously amended material.
The Chair ruled the point of order not well taken.
Representative Hickey raised a point of order that House Amendment No. 13 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Patek offered House Amendment No. 13.
House Amendment No. 13
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 24, by inserting after said line the following:
"4. When a person files a petition, the court shall order the parties to the action to participate in an alternative dispute resolution program pursuant to supreme court rule to resolve any issues in dispute.
5. Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered, and shall:
(1) Not be binding on the parties;
(2) Not be ordered or used for contempt proceedings;
(3) Not be used to modify a prior order of the court, except by agreement of the parties.
6. Within one hundred twenty days after August 28, 2000, the Missouri supreme court shall have a rule in effect allowing, but not requiring, each circuit to establish an alternative dispute resolution program for proceedings involving issues under this section.".
Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 13.
House Substitute Amendment No. 1
for
House Amendment No. 13
AMEND House Committee Substitute for House Bill No. 1569, Page 3, Section 290.618, Line 24, by inserting after said line the following:
"4. When a person files a petition, the court may order the parties to the action to participate in an alternative dispute resolution program pursuant to supreme court rule to resolve any issues in dispute.
5. Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered, and shall:
(1) Not be binding on the parties;
(2) Not be ordered or used for contempt proceedings;
(3) Not be used to modify a prior order of the court, except by agreement of the parties.".
On motion of Representative Monaco, House Substitute Amendment No. 1 for House Amendment No. 13 was adopted.
HCS HB 1569, as amended, was laid over.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 1121 - Budget
COMMITTEE REPORTS
Committee on Civil and Administrative Law, Chairman Smith reporting:
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1646, 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 SB 753, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Critical Issues, Chairman Harlan reporting:
Mr. Speaker: Your Committee on Critical Issues, to which was referred SB 856, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Education - Higher, Chairman Farnen reporting:
Mr. Speaker: Your Committee on Education - Higher, to which was referred SB 961, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Motor Vehicle and Traffic Regulations, Chairman O'Connor reporting:
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred SB 907, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 2056, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Urban Affairs, Chairman Van Zandt reporting:
Mr. Speaker: Your Committee on Urban Affairs, to which was referred HCR 28, begs leave to report it has examined the same and recommends that it Do Pass.
House Concurrent Resolution No. 28
WHEREAS, Kansas City, known as the "Heart of America" and the "City of Fountains", includes more than one hundred thirty-six cities with a population of approximately one million six hundred thousand people; and
WHEREAS, Kansas City offers a diverse selection of shopping and entertainment areas such as Crown Center, Westport and Country Club Plaza, and is home for two impressive art museums, the Nelson-Atkins Museum of Art and the Kemper Museum of Contemporary Art and Design; and
WHEREAS, Kansas City is also big on professional sports with the Truman Sports Complex, home of Kansas City Chiefs football, Kansas City Royals baseball and Kansas City Wizards soccer; Kemper Arena, home of Kansas City Blades IHL hockey and Kansas City Attack NPSL soccer; and Hale Arena in the American Royal Complex where the Explorers play professional tennis; and
WHEREAS, Kansas City's 18th & Vine Historic District attractions include the Kansas City Jazz Museum, the Negro Leagues Baseball Museum and the renovated Gem Theatre Cultural and Performing Arts Center; and
WHEREAS, Kansas City's Liberty Memorial is the country's only memorial and museum dedicated to World War I veterans; and
WHEREAS, June 3, 2000, marks the 150th anniversary of the incorporation of the Town of Kansas in the County of Jackson, Missouri; and
WHEREAS, Kansas City is commemorating its sesquicentennial with a wide range of projects and celebrations, known as "KC150", throughout the year across the Kansas City metropolitan area; and
WHEREAS, May 26 to June 4, 2000, marks the midpoint for celebrations which will include a May 26, 2000, free public debut performance of a Rob Kapilow symphony inspired by the memories and history of Kansas City and Union Station, a performance on May 28, 2000, by the United States Air Force Band, free admittance to major Kansas City-area museums and entertainment complexes on June 2, 2000, and a "Barbecue and Basie on the Boulevard" day featuring a barbecue contest between professional and backyard barbecue teams; and
WHEREAS, the celebrations will end on January 1, 2001, with the opening of a Century Box that was placed in 1901, and the sealing of a new time capsule to be opened January 2, 2101:
NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, hereby declare June 3, 2000, to be "KC150 Day" and encourage the people of the state of Missouri, especially those persons in the Kansas City metropolitan area, to support and participate in the year-long celebrations commemorating the 150th Anniversary of Kansas City.
MESSAGE 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 SB 610, entitled:
An act to repeal section 302.020, RSMo Supp. 1999, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, April 12, 2000.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Fifty-first Day, Monday, April 10, 2000, pages 881 and 882, roll call, by showing Representative Loudon voting "no" rather than "absent with leave".
COMMITTEE MEETINGS
BUDGET
Wednesday, April 12, 2000, 8:30 am. Hearing Room 3.
Executive Session. To be considered - HB 1113, HB 1121
CIVIL AND ADMINISTRATIVE LAW
Wednesday, April 12, 2000. Hearing Room 1 upon morning adjournment.
AMENDED NOTICE.
To be considered - SB 617, SB 757, Executive Session - SB 858
CONSUMER PROTECTION AND HOUSING
Wednesday, April 12, 2000, 6:00 pm. Hearing Room 4 upon afternoon adjournment.
Executive Session.
CRIMINAL LAW
Wednesday, April 12, 2000. Hearing Room 5 upon morning adjournment.
Executive Session may be held.
To be considered - SB 530
ENVIRONMENT AND ENERGY
Thursday, April 13, 2000, 8:30 am. Hearing Room 7.
Executive Session will follow.
To be considered - HCR 29
FISCAL REVIEW
Wednesday, April 12, 2000, 8:30 am. Hearing Room 7.
Executive Session.
To be considered - HB 1652
GOVERNMENTAL ORGANIZATION AND REVIEW
Wednesday, April 12, 2000, 1:50 pm. Hearing Room 7.
Ten minutes before afternoon session or 1:50 pm. Executive Session.
To be considered - SB 788
JOINT COMMITTEE ON LEGISLATIVE RESEARCH
Thursday, April 13, 2000, 9:00 am. Hearing Room 5.
Discussion of Revision Bills; Publication of Statutes and Session Laws; Mental Health Report.
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, April 12, 2000, 9:30 am. Hearing Room 6. CANCELLED.
To be considered - Executive Session - SB 801
MISCELLANEOUS BILLS AND RESOLUTIONS
Thursday, April 13, 2000, 9:00 am. Hearing Room 4.
To be considered - Executive Session - SB 801
MUNICIPAL CORPORATIONS
Wednesday, April 12, 2000. Hearing Room 3 upon morning adjournment.
AMENDED NOTICE.
To be considered - HB 1286, HB 2133
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, April 12, 2000, 6:00 pm. Hearing Room 5.
To be considered - HB 2079
PUBLIC HEALTH
Thursday, April 13, 2000, 9:00 am. Hearing Rooms 2A and 2B.
Executive Session.
PUBLIC SAFETY AND LAW ENFORCEMENT
Wednesday, April 12, 2000. Side gallery upon morning adjournment.
Executive Session.
SUBCOMMITTEE ON LEGISLATIVE RESEARCH AND OVERSIGHT
Wednesday, April 12, 2000, 1:00 pm. Hearing Room 5. Challenge Fiscal Note.
To be considered - HB 1447
SUBCOMMITTEE ON PUBLIC HEALTH
Wednesday, April 19, 2000, 8:30 am. Hearing Room 4.
Discussing mental health ombudsman legislation.
TRANSPORTATION
Wednesday, April 12, 2000. Hearing Room 6 upon morning adjournment.
Executive Session to follow.
To be considered - SB 633, SB 725, SB 1020
UTILITIES REGULATION
Thursday, April 13, 2000, 8:00 am. Hearing Room 6.
To be considered - HB 1778, HB 1842, HB 1895, SB 1049
HOUSE CALENDAR
FIFTY-THIRD DAY, WEDNESDAY, APRIL 12, 2000
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1569, as amended - Bray
2 HCS HB 1932 - Harlan
3 HCS HB 1967 - Hoppe
4 HB 1728, HCA 1 - Backer
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1362, HS, as amended, pending - Harlan
2 HCS HB 1602, as amended - Leake
3 HCS HB 1143, as amended - Scheve
4 HB 1472 - Smith
5 HCS HB 1574 & 1640 - Britt
HOUSE BILLS FOR THIRD READING
1 HS HCS HB 1305, E.C. - Rizzo
2 HS HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
3 HS HCS HB 1652 & 1433, (Fiscal Review, 4-10-00) - Hoppe
4 HS HB 1603 - May (108)
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1828 - Gross
2 HB 1095 - Richardson
3 HB 1358 - Loudon
4 HB 1275 - Chrismer
HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL
1 HB 1825 - Klindt
2 HB 1685 - Smith
SENATE BILL FOR SECOND READING
SB 610
SENATE BILL FOR THIRD READING
HCS SS SB 549, E.C. - Van Zandt
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - CrawfordMissouri House of Representatives