Journal of the House

Second Regular Session, 90th General Assembly

FORTY-FOURTH DAY, Tuesday, March 28, 2000

Speaker Gaw in the Chair.

Prayer by Father David Buescher.

Heavenly Father, God of Law and Love, give us Your blessing and hear our prayers.

We look around Your creation, and behold, our surroundings are changing from the browns and grays of Winter to the panoply of colors marking rebirth, growth, and life. So may we, in spirit and in truth.

Our legislative session is almost three-fourths over. As the crunch of the last days' work lays heavy on these Representatives' shoulders, as nerves become frayed and tempers short, may we, at least briefly, attend to our state around us coming back to vegetative life, and may we take heart. You are here also, in our hearts and in our bones, bringing Your law through bud, to blossom, to fruition.

We claim Your sunshine and moisture nourishing us in the soil of Your care and love here, now and always. 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: Ben Kelley, James Kelley, Lauren Kelley, Megan Marriott, Jimmy Schutz, Brandon Schutz, Bret Morton, Andrew Morton, Chance Legaspi, Angelica McAllister, Brandon Ludwinski, Andrea DuMont, Meaghan Schulz, Jacob Kostedt, Nikaela Toner, Alex Genova, Michaela Brogoto, Joshua Wilson, Cody Wilson and Thomas Kuelker.

The Journal of the forty-third day was approved as printed 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 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 Reynolds 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: 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 Griesheimer

Gross Hanaway Hartzler 123 Hartzler 124 Hegeman

Hendrickson Hohulin Holand Howerton Kasten

Kelley 47 King Klindt Legan Levin

Linton Lograsso Long Loudon Luetkemeyer

Marble McClelland Miller Murphy Myers

Naeger Nordwald Ostmann Patek Phillips

Pouche 30 Pryor Purgason Reid Reinhart

Richardson Ridgeway Robirds Ross Sallee

Schwab Scott Secrest Shields Summers

Surface Townley Tudor Vogel Wright

PRESENT: 000

ABSENT WITH LEAVE: 002

Berkstresser Stokan

VACANCIES: 002

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 684 - Representative Smith

House Resolution No. 685 - Representative Hartzler (124)

House Resolution No. 686 - Representative Legan

House Resolution No. 687 - Representative Froelker

House Resolution No. 688 - Representative Hampton

House Resolution No. 689 - Representative Richardson

House Resolution No. 690 - Representative Fitzwater

House Resolution No. 691 - Representative Kennedy

House Resolution No. 692 - Representative Berkowitz

House Resolution No. 693

and

House Resolution No. 694 - Representative Farnen

House Resolution No. 695 - Representative Robirds

House Resolution No. 696

through

House Resolution No. 702 - Representatives Williams (121) and Sallee

House Resolution No. 703 - Representative Hegeman

House Resolution No. 704

through

House Resolution No. 707 - Representative Patek

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 28 was read the second time.

SECOND READING OF HOUSE BILLS

HB 2142 through HB 2144 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 530, SCS SB 703, SCS SB 754, SCS SB 806 and SCS SB 1015 were read the

second time.

PERFECTION OF HOUSE BILL

HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 & 1430, with House Amendment No. 3 and HS, as amended, pending, relating to telecommunications practices, was taken up by Representative Davis (122).

Representative Smith offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1 for House Amendment No. 3 was withdrawn.

Representative Selby moved that House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

AYES: 023

Auer Boykins Bray 84 Curls Days

Dougherty Franklin Fraser Gambaro Hagan-Harrell

Harlan Hollingsworth Hoppe Hosmer McBride

McLuckie Patek Riley Schilling Selby

Thompson Van Zandt Wilson 25

NOES: 133

Abel Akin Alter Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Black Blunt Boatright Bonner

Boucher 48 Britt Burton Campbell Champion

Chrismer Cierpiot Clayton Crawford Crump

Davis 122 Davis 63 Dolan Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Froelker Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hampton Hanaway Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Linton Lograsso

Long Loudon Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McClelland McKenna Merideth

Miller Monaco Murphy Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Rizzo Robirds Ross

Sallee Scheve Schwab Scott Secrest

Seigfreid Shelton Shields Skaggs Smith

Summers Surface Townley Treadway Troupe

Tudor Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Mr. Speaker

PRESENT: 001

Wright

ABSENT WITH LEAVE: 004

Berkstresser Ridgeway Stokan Wilson 42

VACANCIES: 002

Representative Liese offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 5, Section 407.1070, Line 21, by inserting immediately after the word "services" the following: ", other than securities, as defined in section 409.401, RSMo, or financial or insurance contracts or services"; and

Further amend said bill, Page 19, Section 407.1095, Line 2, by inserting immediately after the word "services"the following: ", other than securities, as defined in section 409.401, RSMo, or financial or insurance contracts or services".

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

Representative Schilling raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 4 is not a true substitute amendment.

Representative Kissell raised an additional point of order that House Substitute Amendment No. 1 for House Amendment No. 4 amends previously amended material.

The Chair ruled the first point of order well taken.

The Chair ruled the second point of order not well taken.

On motion of Representative Liese, House Amendment No. 4 was adopted by the following vote:

AYES: 085

Abel Akin Alter Auer Backer

Ballard Barnett Bartelsmeyer Bartle Bennett

Black Blunt Boatright Burton Campbell

Champion Chrismer Cierpiot Crawford Crump

Dolan Elliott Enz Evans Fitzwater

Foster Froelker Gibbons Graham 106 Gratz

Gross Gunn Hanaway Hartzler 123 Hartzler 124

Hegeman Hendrickson Hohulin Holand Howerton

Kasten Kelley 47 Kennedy King Klindt

Kreider Lawson Legan Levin Liese

Linton Lograsso Long Loudon Luetkemeyer

Luetkenhaus Marble McBride McClelland McKenna

Miller Naeger Nordwald Ostmann Overschmidt

Phillips Pouche 30 Purgason Reid Reinhart

Richardson Riley Robirds Ross Schwab

Scott Secrest Shields Summers Surface

Tudor Vogel Wagner Ward Wright

NOES: 064

Barry 100 Berkowitz Bonner Boucher 48 Boykins

Britt Clayton Curls Davis 122 Davis 63

Days Farnen Foley Franklin Fraser

Gambaro Gaskill George Graham 24 Green

Griesheimer Hagan-Harrell Hampton Harlan Hickey

Hilgemann Hollingsworth Hoppe Hosmer Kelly 27

Kissell Lakin Leake May 108 Mays 50

McLuckie Merideth Monaco Murphy Murray

Myers O'Connor O'Toole Parker Patek

Ransdall Relford Reynolds Scheve Schilling

Seigfreid Selby Skaggs Smith Thompson

Townley Treadway Van Zandt Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 012

Berkstresser Bray 84 Dougherty Ford Koller

Pryor Ridgeway Rizzo Sallee Shelton

Stokan Troupe

VACANCIES: 002

HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 & 1430, with HS, as amended, pending, was laid over.

Representative Farnen assumed the Chair.

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HB 2129 - Ways and Means

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 Pro Tem Kreider.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Emily Perkins, Skylar Roush, Caleb Minter and Codi White.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 708 - Representative McLuckie

House Resolution No. 709 - Representative Vogel

House Resolution No. 710 - Representative Williams (159)

House Resolution No. 711 - Representative Relford

House Resolution No. 712 - Representative Pouche

House Resolution No. 713 - Representative Hollingsworth

House Resolution No. 714 - Representatives Hollingsworth and McKenna

House Resolution No. 715 - Representative Luetkenhaus

House Resolution No. 716

and

House Resolution No. 717 - Representative Thompson

House Resolution No. 718 - Representative Holand

House Resolution No. 719

through

House Resolution No. 721 - Representative Hartzler (124)

House Resolution No. 722 - Representative Days

House Resolution No. 723 - Representative George

House Resolution No. 724 - Representative Black

House Resolution No. 725 - Representative Abel

House Resolution No. 726 - Representative Murray

House Resolution No. 727 - Representative Farnen

House Resolution No. 728 - Representative Abel

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 1615, 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.

PERFECTION OF HOUSE BILLS

HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 & 1430, with HS, as amended, pending, relating to telecommunications practices, was again taken up by Representative Davis (122).

Representative Crump offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Pages 18 through 22, Sections 407.1095 through 407.1110, by striking all of said sections and inserting in lieu thereof the following:

"Section 1. There shall be established in the office of the lieutenant governor the telemarketing options awareness council. The council shall be composed eleven members representing government entities, telephone companies, businesses, and senior citizen advocates and shall be operational no later than July 1, 2001. The council shall compile and promote a list of educational tools to help consumers understand and access their options with regard to telephone solicitations, including but not limited to an interstate do-not-call list. It shall also establish a toll-free telephone number and a website that residential subscribers may call or access to review their options with regard to telephone solicitation. The members of the council shall be reimbursed for reasonable and actual expenses incurred in the performance of their duties."; and

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

Representative Smith assumed the Chair.

Speaker Pro Tem Kreider resumed the Chair.

Representative Patek offered House Substitute Amendment No. 1 for House Amendment No. 5.

Representative Schilling raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 5 is not a true substitute amendment and goes beyond the scope of the bill.

Representative Kissell raised an additional point of order that House Substitute Amendment No. 1 for House Amendment No. 5 amends previously amended material.

Representative Davis (122) raised a further point of order that House Substitute Amendment No. 1 for House Amendment No. 5 is dilatory.

The Chair ruled the second point of order well taken.

The Chair ruled the third point of order well taken.

Representative Crump moved that House Amendment No. 5 be adopted.

Which motion was defeated.

Representative McLuckie offered House Amendment No. 6.

House Amendment No. 6 was withdrawn.

Representative Hosmer offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 4, Section 407.020, Line 15, by inserting after all of said line the following:

"407.025. 1. Any person who purchases or leases [goods or services] merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 407.020, may bring a private civil action in either the circuit court of the county in which the seller or lessor resides or in which the transaction complained of took place, to recover actual damages. The court may, in its discretion, award punitive damages and may award to the prevailing party attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary or proper.

2. Persons entitled to bring an action under subsection 1 of this section may, if the unlawful method, act or practice has caused similar injury to numerous other persons, institute an action as representative or representatives of a class against one or more defendants as representatives of a class, and the petition shall allege such facts as will show that these persons or the named defendants specifically named and served with process have been fairly chosen and adequately and fairly represent the whole class, to recover damages as provided for in subsection 1 of this section. The plaintiff shall be required to prove such allegations, unless all of the members of the class have entered their appearance, and it shall not be sufficient to prove such facts by the admission or admissions of the defendants who have entered their appearance. In any action brought under this section, the court may in its discretion order, in addition to damages, injunction or other equitable relief and reasonable attorney's fees.

3. An action may be maintained as a class action in a manner consistent with Rule 23 of the Federal Rules of Civil Procedure and Missouri rule of civil procedure 52.08 to the extent such state rule is not inconsistent with the federal rule if:

(1) The class is so numerous that joinder of all members is impracticable;

(2) There are questions of law or fact common to the class;

(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) The representative parties will fairly and adequately protect the interests of the class; and, in addition

(5) The prosecution of separate action by or against individual members of the class would create a risk of:

(a) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or

(b) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or

(6) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(7) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:

(a) The interest of members of the class in individually controlling the prosecution or defense of separate actions;

(b) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class;

(d) The difficulties likely to be encountered in the management of a class action.

4. (1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.

(2) In any class action maintained under subdivision (7) of subsection 3, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that:

(a) The court will exclude him in the class if he so requests by a specified date;

(b) The judgment, whether favorable or not, will include all members who do not request exclusion; and

(3) The judgment in an action maintained as a class action under subdivision (5) of subsection 3 or subdivision (6) of subsection 3, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (7) of subsection 3, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (2) of subsection 4 was directed, and who have requested exclusion, and whom the court finds to be members of the class.

(4) When appropriate an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this section shall then be construed and applied accordingly.

5. In the conduct of actions to which this section applies, the court may make appropriate orders:

(1) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;

(2) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;

(3) Imposing conditions on the representative parties or on intervenors;

(4) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;

(5) Dealing with similar procedural matters.

6. A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.

7. Upon commencement of any action brought under subsection 1 of this section, the plaintiff or plaintiffs shall inform the clerk of the court in which such action is brought, on forms to be provided by such clerk, that the action is brought under this section. The clerk of the court shall forthwith inform the attorney general of the commencement of such action, together with a copy of the complaint or other initial pleading, and, upon entry of any judgment or decree in the action, the clerk shall mail a copy of such judgment or decree to the attorney general.

8. Any permanent injunction, judgment or order of the court made under section 407.100 shall be prima facie evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful by section 407.020."; and

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

On motion of Representative Hosmer, House Amendment No. 6 was adopted.

Representative Gross offered House Amendment No. 7.

Representative Kissell raised a point of order that House Amendment No. 7 amends previously amended material and is dilatory.

The Chair ruled the point of order well taken.

Representative Elliott offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 29, Line 11, by inserting after Line 11, a new section:

"Any person who willfully and knowingly engages in the "Phone a Friend" portion of any television game show starring Regis Philbin shall be guilty of a Class D Felony."

Representative Elliott moved that House Amendment No. 7 be adopted.

Which motion was defeated.

Representative Reid offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 17, Section 407, Lines 16 - 18, by striking all of said lines and inserting in lieu thereof the following: "or (b) by or on behalf of any entity over which either a state".

Representative Reid moved that House Amendment No. 8 be adopted.

Which motion was defeated.

Representative Richardson offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 17, Section 407.1085, Line 7 of said page, by deleting the word "takes"; and

Further amend said bill, Page 17, Section 407.1085, Lines 8 to 12 of said page, by deleting all of said lines and inserting in lieu thereof the following: "stops further solicitation of items not in a catalog when the consumer states that he or she is not interested in any further solicitations; or"; and

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

Representative Seigfreid offered House Substitute Amendment No. 1 for House Amendment No. 9.

House Substitute Amendment No. 1

for

House Amendment No. 9

Further amend said bill, Page 17, Section 407.1085, Lines 8 to 12 of said page, by deleting all of said lines and inserting in lieu thereof the following: "stops further solicitation of any items when the consumer states that he or she is not interested in any further solicitations; or"; and

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

On motion of Representative Seigfreid, House Substitute Amendment No. 1 for House Amendment No. 9 was adopted.

Representative Patek offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1172, 1501, 1633, 1440, 1634, 1177 & 1430, Page 10, Section 407.1076, Line 15, by adding after all of said line the following: "Monday through Friday, and no time on Saturday and Sunday,".

Representative Patek moved that House Amendment No. 10 be adopted.

Which motion was defeated.

Representative Britt assumed the Chair.

On motion of Representative Davis (122), HS HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 & 1430, as amended, was adopted.

On motion of Representative Davis (122), HS HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 & 1430, as amended, was ordered perfected and printed.

HCS HB 1242, relating to professional registration, was taken up by Representative Treadway.

Representative Treadway offered HS HCS HB 1242.

Representative Treadway offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 26, Section 621.046, Line 16, by striking all of said line and inserting in lieu thereof the following: "questioning of any person licensed or registered by the Division of Professional Registration accused of any".

Speaker Gaw resumed the Chair.

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

Representative Lograsso requested a division of the question on HS HCS HB 1242.

On motion of Representative Treadway, Part I of HS HCS HB 1242 was adopted.

On motion of Representative Treadway, Part II of HS HCS HB 1242 was adopted.

Representative Relford offered House Amendment No. 1 to Part III of HS HCS HB 1242.

House Amendment No. 1

Part III

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, In the Title, Line 2, by striking "section" and inserting in lieu thereof the following: "sections 333.061, 333.081 and"; and

Further amend said bill, Page 1, In the Title, Line 4, by inserting immediately after "331.050" the following:

", 333.041, 333.042"; and

Further amend said bill, Page 1, In the Title, Line 6, by striking "ten" and inserting in lieu thereof "fourteen"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by striking "Section" and inserting in lieu thereof the following: "Sections 333.061, 333.081 and"; and

Further amend said bill, Page 1, Section A, Line 12 of said page, by inserting after "331.050," the following: "333.041 and 333.042,"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by striking "ten" and inserting in lieu thereof "fourteen"; and

Further amend said bill, Page 1, Section A, Line 15 of said page, by inserting after "331.050," the following: "331.041, 331.042, 333.061, 333.081,"; and

Further amend said bill, Page 14, Section 331.050, Line 8, by inserting immediately after said line the following:

"333.041. 1. Each applicant for a license to practice funeral directing shall furnish evidence to establish to the satisfaction of the board that he or she is:

(1) At least eighteen years of age, and possesses a high school diploma or equivalent thereof;

(2) Either a citizen or a bona fide resident of the state of Missouri or entitled to a license [under] pursuant to section 333.051, or a resident in a county contiguous and adjacent to the state of Missouri who is employed by a funeral establishment located within the state of Missouri, to practice funeral directing upon the grant of a license to do so; and

(3) A person of good moral character.

2. Every person desiring to enter the profession of embalming dead human bodies within the state of Missouri and who is [entering] enrolled in an accredited institution of mortuary science education shall register with the board as a practicum student upon the form provided by the board. After such registration, a student may assist, under the direct supervision of Missouri licensed embalmers and funeral directors, in Missouri licensed funeral establishments, while serving his or her practicum for the accredited institution of mortuary science education. The [forms] form for registration as a [student and as a] practicum student shall be accompanied by a fee in an amount established by the board.

3. Each applicant for a license to practice embalming shall furnish evidence to establish to the satisfaction of the board that he or she:

(1) Is at least eighteen years of age, and possesses a high school diploma or equivalent thereof;

(2) Is either a citizen or bona fide resident of the state of Missouri or entitled to a license [under] pursuant to section 333.051, or a resident in a county contiguous and adjacent to the state of Missouri who is employed by a funeral establishment located within the state of Missouri, to practice embalming upon the grant of a license to do so;

(3) Is a person of good moral character;

(4) Has graduated from an institute of mortuary science education accredited by the American Board of Funeral Service Education, or any successor organization recognized by the United States Department of Education, for funeral service education. If an applicant does not appear for the final examination before the board within five years from the date of his or her graduation from an accredited institution of mortuary science education, his or her registration as a student embalmer shall be automatically canceled;

(5) Upon due examination administered by the board, is possessed of a knowledge of the subjects of embalming, anatomy, pathology, bacteriology, mortuary administration, chemistry, restorative art, together with statutes, rules and regulations governing the care, custody, shelter and disposition of dead human bodies and the transportation thereof or has passed the national board examination of the Conference of Funeral Service Examining Boards. If any applicant fails to pass the state examination, he or she may retake the examination at the next regular examination meeting. The applicant shall notify the board office of his or her desire to retake the examination at least thirty days prior to the date of the examination. Each time the examination is retaken, the applicant shall pay a new examination fee in an amount established by the board;

(6) Has been employed full time in funeral service in a licensed funeral establishment and has personally embalmed at least twenty-five dead human bodies under the personal supervision of an embalmer who holds a current and valid Missouri embalmer's license or an embalmer who holds a current and valid embalmer's license in a state with which the Missouri board has entered into a reciprocity agreement during an apprenticeship of not less than twelve consecutive months. "Personal supervision" means that the licensed embalmer shall be physically present during the entire embalming process in the first six months of the apprenticeship period and physically present at the beginning of the embalming process and available for consultation and personal inspection within a period of not more than one hour in the remaining six months of the apprenticeship period. All transcripts and other records filed with the board shall become a part of the board files.

4. If the applicant does not appear for oral examination within the five years after his or her graduation from an accredited institution of mortuary science education, then he or she must file a new application and no fees paid previously shall apply toward the license fee.

5. Examinations required by this section and section 333.042 shall be held at least twice a year at times and places fixed by the board. The board shall by rule and regulation prescribe the standard for successful completion of the examinations.

6. Upon establishment of his or her qualifications as specified by this section or section 333.042, the board shall issue to the applicant a license to practice funeral directing or embalming, as the case may require, and shall register the applicant as a duly licensed funeral director or a duly licensed embalmer. Any person having the qualifications required by this section and section 333.042 may be granted both a license to practice funeral directing and to practice embalming.

7. The board shall, upon request, waive any requirement of this chapter and issue a temporary funeral director's license, valid for six months, to the surviving spouse or next of kin or the personal representative of a licensed funeral director, or to the spouse, next of kin, employee or conservator of a licensed funeral director disabled because of sickness, mental incapacity or injury.

333.042. 1. Every person desiring to enter the profession of funeral directing in this state shall make application with the state board of embalmers and funeral directors and pay the current application and examination fees. Applicants not entitled to a license [under] pursuant to section 333.051 shall serve an apprenticeship for at least twelve months in a funeral establishment licensed for the care and preparation for burial and transportation of the human dead in this state or in another state which has established standards for admission to practice funeral directing equal to, or more stringent than, the requirements for admission to practice funeral directing in this state. The applicant shall devote at least fifteen hours per week to his or her duties as an apprentice under the supervision of a Missouri licensed funeral director. Such applicant shall submit proof to the board, on forms provided by the board, that the applicant has arranged and conducted ten funeral services during the applicant's apprenticeship under the supervision of a Missouri licensed funeral director. Upon completion of the apprenticeship, the applicant shall appear before the board to be tested on the applicant's legal and practical knowledge of funeral directing, funeral home licensing, preneed funeral contracts and the care, custody, shelter, disposition and transportation of dead human bodies. Upon acceptance of the application and fees by the board, an applicant shall have twenty-four months to successfully complete the requirements for licensure found in this section or the application for licensure shall be canceled.

2. If a person applies for a limited license to work only in a funeral establishment which is licensed only for cremation, including transportation of dead human bodies to and from the funeral establishment, he or she shall make application, pay the current application and examination fee and successfully complete the [written] Missouri law examination [pursuant to subsection 1 of this section; however, he is]. He or she shall be exempt from the [six-month internship, six-month] twelve-month apprenticeship and the practical examination before the board. If a person has a limited license issued pursuant to this subsection, he or she may obtain a full funeral director's license if he or she fulfills the [internship,] apprenticeship and [practical knowledge test requirements of subsection 1 of this section] successfully completes the funeral director practical examination.

3. If an individual is a Missouri licensed embalmer or has graduated from an institute of mortuary science education accredited by the American Board of Funeral Service Education or any successor organization recognized by the United States Department of Education for Funeral Service Education, or has successfully completed a course of study in funeral directing offered by a college accredited by a recognized national, regional or state accrediting body and approved by the state board of embalmers and funeral directors, and desires to enter the profession of funeral directing in this state, the individual shall comply with all the requirements for licensure as a funeral director pursuant to subsection 1 of section 333.041 and subsection 1 of this section; however, the individual is exempt from the twelve-month apprenticeship required by subsection 1 of this section.

333.061. 1. No funeral establishment shall be operated in this state unless the owner or operator thereof has a license issued by the board.

2. A license for the operation of a funeral establishment shall be issued by the board, if the board finds:

(1) That the establishment is under the general management and the supervision of a duly licensed funeral director;

(2) That all embalming performed therein is performed by or under the direct supervision of a duly licensed embalmer;

(3) That any place in the funeral establishment where embalming is conducted contains a preparation room with a sanitary floor, walls and ceiling, and adequate sanitary drainage and disposal facilities including running water, and complies with the sanitary standard prescribed by the department of health for the prevention of the spread of contagious, infectious or communicable diseases;

(4) Each funeral establishment shall have available in the preparation or embalming room a register book or log which shall be available at all times in full view for the board's inspector and the name of each body embalmed, place, if other than at the establishment, the date and time that the embalming took place, the name and signature of the embalmer and [his] the embalmer's license number shall be noted in the book; and

(5) The establishment complies with all applicable state, county or municipal zoning ordinances and regulations.

3. The board shall grant or deny each application for a license [under] pursuant to this section within thirty days after it is filed[, and no prosecution of any person who has filed an application for such license for violation of this section shall be maintained unless it is shown that his application was duly denied by the board and that he was duly notified thereof]. The applicant may request in writing up to two thirty-day extensions of the application, provided the request for an extension is received by the board prior to the expiration of the thirty-day application or extension period.

4. Licenses shall be issued [under] pursuant to this section upon application and the payment of a funeral establishment fee and shall be renewed at the end of the licensing period on the establishment's renewal date.

5. The board may refuse to renew or may suspend or revoke any license issued [under] pursuant to this section if it finds, after hearing, that the funeral establishment does not meet any of the requirements set forth in this section as conditions for the issuance of a license, or for the violation by the owner of the funeral establishment of any of the provisions of section 333.121. No new license shall be issued to the owner of a funeral establishment or to any corporation controlled by such owner for three years after the revocation of the license of the owner or of a corporation controlled by the owner. Before any action is taken [under] pursuant to this subsection the procedure for notice and hearing as prescribed by section 333.121 shall be followed.

333.081. 1. Each license issued to a funeral director or embalmer [under] pursuant to this chapter shall expire unless renewed on or before the renewal date. The board may, however, provide for the renewal of licenses held by individuals who are not actively engaged in practice and who are over sixty-five years of age without fee. The board shall renew any such license upon due application for renewal and upon the payment of the renewal fee, except that no license shall expire during the period when the holder thereof is actively engaged in the military service of the United States. Any licensee exempted from the renewal of his or her license because of military service shall, before beginning practice in this state after leaving military service, apply for and pay the renewal fee for the current licensing period.

2. When renewing a funeral director's or embalmer's license the licensee shall specify the address of the funeral establishment at which he or she is practicing or proposes to practice and shall notify the board of any termination of his or her connection therewith. The licensee shall notify the board of any new employment or connection with a funeral establishment of a permanent nature. If the licensee is not employed at or connected with a funeral establishment he shall notify the board of his or her permanent address.

3. [The board shall not renew any license more than ninety days after the renewal date but shall notify the licensee that his license has expired.] The holder of an expired license shall be issued a new license by the board within two years of the renewal date after he or she has paid delinquent renewal fees. Any license not renewed within two years shall be void.

4. Failure of the licensee to receive the renewal notice shall not relieve the licensee of the duty to pay the renewal fee and renew his or her license."; and

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

On motion of Representative Relford, House Amendment No. 1 to Part III of HS HCS HB 1242 was adopted.

Representative Foley offered House Amendment No. 2 to Part III of HS HCS HB 1242.

House Amendment No. 2

Part III

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, In the Title, Line 6, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 15 of said page, by inserting after "331.050," the following: "332.086,"; and

Further amend said bill, Page 14, Section 331.050, Line 8 of said page, by inserting immediately after said line the following:

"332.086. 1. There is hereby established a five-member "Advisory Commission for Dental Hygienists", composed of dental hygienists appointed by the governor as provided in subsection 2 of this section and the dental hygienist member of the Missouri dental board, which shall guide, advise and make recommendations to the Missouri dental board. The commission shall:

(1) Recommend the educational requirements to be registered as a dental hygienist;

(2) Annually review the practice act of dental hygiene;

(3) Make recommendations to the Missouri dental board regarding the practice, licensure, examination and discipline of dental hygienists; and

(4) Assist the board in any other way necessary to carry out the provisions of this chapter as they relate to dental hygienists.

2. The members of the commission shall be appointed by the governor with the advice and consent of the senate. Each member of the commission shall be a citizen of the United States and a resident of Missouri for one year and shall be a dental hygienist registered and currently licensed pursuant to this chapter. Members of the commission who are not also members of the Missouri dental board shall be appointed for terms of five years, except for the members first appointed, one of which shall be appointed for a term of two years, one shall be appointed for a term of three years, one shall be appointed for a term of four years and one shall be appointed for a term of five years. The dental hygienist member of the Missouri dental board shall become a member of the commission and shall serve a term concurrent with the member's term on the dental board. All members of the initial commission shall be appointed by April 1, 2001. Members shall be chosen from lists submitted by the director of the division of professional registration. Lists of dental hygienists submitted to the governor may include names submitted to the director of the division of professional registration by the president of the Missouri Dental Hygienists Association.

3. The commission shall hold an annual meeting at which it shall elect from its membership a chairperson and a secretary. The commission shall meet in conjunction with the dental board meetings or no more than fourteen days prior to regularly scheduled dental board meetings. Additional meetings shall require a majority vote of the commission. A quorum of the commission shall consist of a majority of its members.

4. Members of the commission shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties on the commission and in attending meetings of the Missouri dental board. The Missouri dental board shall provide all necessary staff and support services as required by the commission to hold commission meetings, to maintain records of official acts, and to conduct all other business of the commission."; and

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

On motion of Representative Foley, House Amendment No. 2 to Part III of HS HCS HB 1242 was adopted.

Representative Kennedy offered House Amendment No. 3 to Part III of HS HCS HB 1242.

House Amendment No. 3

Part III

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, In the Title, Line 2, by striking the word "section" and inserting in lieu thereof the following: "sections 334.128 and"; and

Further amend said bill, Page 1, In the Title, Line 6, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by striking the word "Section" and inserting in lieu thereof the following: "Sections 334.128 and"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 15 of said page, by inserting immediately after "331.050," the following: "334.128,"; and

Further amend said bill, Page 14, Section 331.050, Line 8 of said page, by inserting immediately after said line the following:

"334.128. Any person who reports or provides information to the board, or any person who assists the board, including, but not limited to, physicians' health programs operated in this state approved by the board for impaired physicians, and individuals working or consulting with, or staffing such physicians' health programs, or applicants or licensees who are the subject of an investigation, physicians serving on competency panels, medical record custodians, consultants, attorneys, board members, agents, employees or expert witnesses, in the course of any investigation, hearing or other proceeding conducted by or before the board pursuant to the provisions of this chapter and who does so in good faith and without malice shall not be subject to an action for civil damages as a result thereof, and no cause of action [of any nature] shall arise against him or her as a result of his or her conduct pursuant to this section. The attorney general shall defend such persons in any such action or proceeding."; and

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

On motion of Representative Kennedy, House Amendment No. 3 to Part III of HS HCS HB 1242 was adopted.

On motion of Representative Treadway, Part III of HS HCS HB 1242, as amended, was adopted.

Representative Barry offered House Amendment No. 1 to Part IV of HS HCS HB 1242.

House Amendment No. 1

Part IV

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 21, Section 334.735, Line 19, by inserting at the end of said line the following:

"9. No physician may be designated to serve as supervising physician for more than three full time equivalent licensed physician assistants. This information shall not apply to physician assistant agreements of hospital employees providing in-patient care services in hospitals as defined in Chapter 197, RSMo.

10. It is the responsibility of the supervising physician to determine and document the completion of at least a one month period of time during which the licensed physician assistant shall practice with a supervising physician continuously present before practicing in a setting where a supervising physician is not continuously present."; and

Further amend said section, Page 21, Line 20, by deleting the number "9" on said line and inserting in lieu thereof the number "11".

Speaker Pro Tem Kreider resumed the Chair.

On motion of Representative Barry, House Amendment No. 1 to Part IV of HS HCS HB 1242 was adopted.

Representative Monaco offered House Amendment No. 2 to Part IV of HS HCS HB 1242.

House Amendment No. 2

Part IV

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 15, Section 344.735, Line 18, by deleting Section (8) in its entirety and replacing it with the following new section:

"(8) "Supervision", direct, on-site control exercised over a physician assistant working within the same office facility and at the same office location where the supervising physician is present, except a physician assistant may make follow-up patient examinations in hospitals, nursing homes and correctional facilities, each such examination being reviewed, approved and signed by the supervising physician, and the physician assistant may make follow up examinations in the same office setting where the supervising physician is continuously present pursuant to written protocols and standing orders provided so long as the supervising physician also sees the patient for any initial evaluation and approves or formulates the plan of treatment for new or significantly changed conditions as soon as is practical but not more than two (2) days after the patient has been seen by the physician assistant. The board shall promulgate rules pursuant to chapter 536, RSMo, for the proximity of practice between the physician assistant and the supervising physician and documentation of joint review of the physician assistant activity by the supervising physician and the physician assistant for the follow up examinations in hospitals, nursing homes and correctional facilities and shall also promulgate rules governing the written protocols and standing orders between the physician assistant and supervising physician and the documentation of joint review of practice pursuant to such protocols and standing orders."

Representative Monaco moved that House Amendment No. 2 to Part IV of HS HCS HB 1242 be adopted.

Which motion was defeated.

Representative Summers offered House Amendment No. 3 to Part IV of HS HCS HB 1242.

House Amendment No. 3

Part IV

AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 17, Section 334.735, Line 10, by inserting immediately after said line the following:

"The board of healing arts shall adopt a rule to allow students enrolled in their second year of medical studies to be licensed as a physician assistant."

HCS HB 1242, with House Amendment No. 3 to Part IV, as amended, Part V and Part VI of HS, as amended, pending, was laid over.

REFERRAL OF SENATE CONCURRENT RESOLUTIONS

The following Senate Concurrent Resolutions were referred to the Committee indicated:

SCR 21 - Governmental Organization and Review

SCR 23 - Environment and Energy

SCR 25 - Transportation

SCR 27 - Agriculture

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SB 769 - Public Safety and Law Enforcement

SB 789 - Correctional and State Institutions

SCS SB 868 - Local Government and Related Matters

SB 881 - Transportation

SCS SB 883 - Professional Registration and Licensing

SCS SB 893 - Local Government and Related Matters

RE-REFERRAL OF SENATE BILL

The following Senate Bill was re-referred to the Committee indicated:

SCS SB 557 - Civil and Administrative Law

COMMITTEE REPORTS

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1973 and HB 1880, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Judiciary, Chairman May (108) reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1493, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Transportation, Chairman Koller reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred HB 1881, begs leave to report it has examined the same and recommends that it Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 29, introduced by Representative Graham (24), to denounce the decision by the United States Department of Energy to reroute nuclear waste through the State of Missouri on Interstate 70.

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 SB 1013, entitled:

An act to amend chapter 169, RSMo, by adding thereto one new section relating to certain school retirement systems.