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House Journal: Page 1110: Tuesday, March 31, 1998

48   a reasonable estimation of payments made on behalf of
49   recipients of medical assistance.  Apportionment of
50   damages among defendants shall be according to a

Page 2  

 1   manufacturer's respective share of the market for
 2   tobacco within the state.
 3     c.  Trial shall be by jury, if either party demands
 4   a jury."
 5     2.  Page 37, by inserting after line 10 the
 6   following:
 7     "Sec. 201.  EFFECTIVE DATE AND APPLICABILITY.
 8   Section 101 of this Act, being deemed of immediate
 9   importance, takes effect upon enactment and applies to
10   medical assistance paid on or after the effective date
11   of this Act.  Section 101 of this Act shall not affect
12   the common law rights of the state or the department,
13   if any."
14     3.  Title page, line 2, by inserting after the
15   word "system" the following:  ",providing a civil
16   cause of action to recover medical assistance payments
17   made due to injury, disease, or disability caused by
18   the use of tobacco,".
19     4.  By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-8788
was not germane.
The Speaker ruled the point well taken and amendment H-8788 not
germane.
Schrader of Marion moved to suspend the rules to consider
amendment H-8788.
Roll call was requested by Schrader of Marion and Garman of
Story.
On the question "Shall the rules be suspended to consider
amendment H-8788?" (H.F. 2539)

The ayes were, 43:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Cohoon 	Connors 
Doderer 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Holveck 	Huser 	Jochum 	Kinzer 
Koenigs 	Kreiman 	Larkin 	Mascher 
May 	Moreland 	Mundie 	Murphy 
Myers 	O'Brien 	Osterhaus 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Taylor 	Thomas 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt 

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