Journal of the House

Second Regular Session, 91st General Assembly

FORTY-FIRST DAY, Tuesday, March 19, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

Almighty God, You are the Holy One and the Just One. Build Your home again in this Chamber today. Open the hearts and minds of these representatives. Align them with Your good, that Your spirit may always wend its way to the heart of the laws to be considered today. 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: Blake Buchert, Skippy Weston, Lauren Steinhoff, Kevin Weston, Jennifer Gennon, Nick Watson, Danielle Porter, Robert DeGraaff, Monica Durrwachter, Lisa McKay, Jeremy Schaffner, Jeff Syc, Alicia Reese, Ross Sifford, Erin Ward, Stephanie Huett, Andrea Linder, Kayla Lightfoot, Debbie DeGregorio, Emily DeGregorio, Cyndey Schildroth, Bronwen Voss, Ann Armstrong, Garrett Holt, Michael Lutz, Jacquelyn Rice, Joe Leesmann, Brandy Kimminau, Phillip Kleekamp, Rachel Hellmann, Elizabeth Hellmann and Matthew Hellmann.

The Journal of the fortieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 832 - Representative Myers

House Resolution No. 833 - Representative Wright

House Resolution No. 834

and

House Resolution No. 835 - Representative Mayer

House Resolution No. 836 - Representative Luetkenhaus

House Resolution No. 837 - Representative Shields

House Resolution No. 838 - Representative Gratz

House Resolution No. 839 - Representative Overschmidt

SECOND READING OF SENATE BILLS

SB 794, SB 795 and SCS SB 821 were read the second time.

PERFECTION OF HOUSE BILL - INFORMAL

HCS HB 1440, with HS, as amended, pending, relating to health insurance, was taken up by Representative Riback Wilson (25).

Representative Luetkenhaus offered House Amendment No. 3.

House Amendment No. 3 was withdrawn.

Representative Luetkenhaus offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1440, Page 1, Section 376.779, Line 15 of said page, by deleting the opening bracket; and

Further amend said bill, Page 3, Section 376.779, Line 21, by deleting the closing bracket; and

Further amend said bill, Page 6, Section 376.811, Line 16, by striking the following: "[offer] provide" and inserting in lieu thereof the following: "offer".

On motion of Representative Luetkenhaus, House Amendment No. 3 was adopted by the following vote:

Representative Burton offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1440, Page 7, Section 376.811.1(3), Line 4, by deleting the word "ten" and inserting in leu thereof the word "three".

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

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1440, Page 11, Section 376.811, Line 21, by deleting the words "of not less" and inserting in lieu thereof the following: "not to exceed"; and

Further amend said section, Line 4, by deleting the words "of not less than ten" and inserting in lieu thereof the following: "not to exceed five".

On motion of Representative Portwood, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.

On motion of Representative Harlan, HS HCS HB 1440, as amended, was adopted.

On motion of Representative Harlan, HS HCS HB 1440, as amended, was ordered perfected and printed.

On motion of Representative Crump, the House recessed until 3:00 p.m.

AFTERNOON SESSION

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

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Olivia Griffin, Sarah Heitzman, Dixie Griffin, Ben Hohenstein, Sam Hohenstein, Lydia Hohenstein, Zack Hohenstein, Paul Grotelueschen, Mike Grotelueschen, Drew Grotelueschen, John Grotelueschen, Kim Grotelueschen and Bethany Grotelueschen.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 840

through

House Resolution No. 853 - Representatives Enz and Fares

House Resolution No. 854

through

House Resolution No. 867 - Representatives Murphy and Enz

House Resolution No. 868

through

House Resolution No. 893 - Representative Murphy

House Resolution No. 894 - Representative Griesheimer

House Resolution No. 895

and

House Resolution No. 896 - Representative Shoemaker (8)

House Resolution No. 897 - Representative Portwood

House Resolution No. 898 - Representative Overschmidt

House Resolution No. 899 - Representatives Harding and Phillips

PERFECTION OF HOUSE BILLS - INFORMAL

HCS HB 1556, relating to investment funds service corporations, was taken up by Representative Rizzo.

On motion of Representative Rizzo, HCS HB 1556 was adopted.

On motion of Representative Rizzo, HCS HB 1556 was ordered perfected and printed.

HCS HB 1689, relating to professional registration, was taken up by Representative Treadway.

Representative Hampton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1689, by inserting at the appropriate location the following sections:

"339.710. For purposes of sections 339.710 to 339.860, the following terms mean:

(1) "Adverse material fact", a fact related to the physical condition of the property not reasonably ascertainable or known to a party which negatively affects the value of the property. Adverse material facts may include matters pertaining to:

(a) Environmental hazards affecting the property;

(b) Physical condition of the property which adversely affects the value of the property;

(c) Material defects in the property;

(d) Material defects in the title to the property;

(e) Material limitation of the party's ability to perform under the terms of the contract;

(2) "Affiliated licensee", any broker or salesperson who works under the supervision of a designated broker;

(3) "Agent", a person or entity acting pursuant to the provisions of this chapter;

(4) "Broker disclosure form", the current form prescribed by the commission for presentation to a seller, landlord, buyer or tenant who has not entered into a written agreement for brokerage services;

(5) "Brokerage relationship", the relationship created between a designated broker, the broker's affiliated licensees, and a client relating to the performance of services of a broker as defined in section 339.010, and sections 339.710 to 339.860. If a designated broker makes an appointment of an affiliated licensee or affiliated licensees pursuant to section 339.820, such brokerage relationships are created between the appointed licensee or licensees and the client. Nothing in this subdivision shall:

(a) Alleviate the designated broker from duties of supervision of the appointed licensee or licensees; or

(b) Alter the designated broker's underlying contractual agreement with the client;

(6) "Client", a seller, landlord, buyer, or tenant who has entered into a brokerage relationship with a licensee pursuant to sections 339.710 to 339.860;

(7) "Commercial real estate", any real estate other than real estate containing one to four residential units, real estate on which no buildings or structures are located, or real estate classified as agricultural and horticultural property for assessment purposes pursuant to section 137.016, RSMo. Commercial real estate does not include single family residential units including condominiums, townhouses, or homes in a subdivision when that real estate is sold, leased, or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real estate containing more than four units.

(8) "Commission", the Missouri real estate commission;

[(8)] (9) "Confidential information", information obtained by the licensee from the client and designated as confidential by the client, information made confidential by sections 339.710 to 339.860 or any other statute or regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or by a source other than the licensee;

[(9)] (10) "Customer", an actual or potential seller, landlord, buyer, or tenant in a real estate transaction in which a licensee is involved but who has not entered into a brokerage relationship with a licensee;

[(10)] (11) "Designated agent", a licensee named by a designated broker as the limited agent of a client as provided for in section 339.820;

[(11)] (12) "Designated broker", any individual licensed as a broker who is operating pursuant to the definition of "real estate broker" as defined in section 339.010, or any individual licensed as a broker who is appointed by a partnership, association, limited liability corporation, or a corporation engaged in the real estate brokerage business to be responsible for the acts of the partnership, association, limited liability corporation, or corporation. Every real estate partnership, association, or limited liability corporation, or corporation shall appoint a designated broker;

[(12)] (13) "Designated transaction broker", a licensee named by a designated broker or deemed appointed by a designated broker as the transaction broker for a client pursuant to section 339.820;

[(13)] (14) "Dual agency", a form of agency which may result when an agent licensee or someone affiliated with the agent licensee represents another party to the same transaction;

[(14)] (15) "Dual agent", a limited agent who, with the written consent of all parties to a contemplated real estate transaction, has entered into an agency brokerage relationship, and not a transaction brokerage relationship, with and therefore represents both the seller and buyer or both the landlord and tenant;

[(15)] (16) "Licensee", a real estate broker or salesperson as defined in section 339.010;

[(16)] (17) "Limited agent", a licensee whose duties and obligations to a client are those set forth in sections 339.730 to 339.750;

[(17)] (18) "Ministerial acts", those acts that a licensee may perform for a person or entity that are informative in nature and do not rise to the level which requires the creation of a brokerage relationship. Examples of these acts include, but are not limited to:

(a) Responding to telephone inquiries by consumers as to the availability and pricing of brokerage services;

(b) Responding to telephone inquiries from a person concerning the price or location of property;

(c) Attending an open house and responding to questions about the property from a consumer;

(d) Setting an appointment to view property;

(e) Responding to questions of consumers walking into a licensee's office concerning brokerage services offered on particular properties;

(f) Accompanying an appraiser, inspector, contractor, or similar third party on a visit to a property;

(g) Describing a property or the property's condition in response to a person's inquiry;

(h) Showing a customer through a property being sold by an owner on his or her own behalf; or

(i) Referral to another broker or service provider;

(19) "Residential real estate", all real property improved by a structure that is used or intended to be used primarily for residential living by human occupants and that contains not more than four dwelling units or that contains single dwelling units owned as a condominium or in a cooperative housing association, and vacant land classified as residential property. The term "cooperative housing association", means an association, whether incorporated or unincorporated, organized for the purpose of owning and operating residential real property in Missouri, the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease, or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement;

[(18)] (20) "Single agent", a licensee who has entered into a brokerage relationship with and therefore represents only one party in a real estate transaction. A single agent may be one of the following:

(a) "Buyer's agent", which shall mean a licensee who represents the buyer in a real estate transaction;

(b) "Seller's agent", which shall mean a licensee who represents the seller in a real estate transaction; and

(c) "Landlord's agent", which shall mean a licensee who represents a landlord in a leasing transaction;

(d) "Tenant's agent", which shall mean a licensee who represents the tenant in a leasing transaction;

[(19)] (21) "Subagent", a designated broker, together with the broker's affiliated licensees, engaged by another designated broker, together with the broker's affiliated or appointed affiliated licensees, to act as a limited agent for a client, or a designated broker's unappointed affiliated licensees engaged by the designated broker, together with the broker's appointed affiliated licensees, to act as a limited agent for a client. A subagent owes the same obligations and responsibilities to the client pursuant to sections 339.730 to 339.740 as does the client's designated broker;

[(20)] (22) "Transaction broker", any licensee acting pursuant to sections 339.710 to 339.860, who:

(a) Assists the parties to a transaction without an agency or fiduciary relationship to either party and is, therefore, neutral, serving neither as an advocate or advisor for either party to the transaction;

(b) Assists one or more parties to a transaction and who has not entered into a specific written agency agreement to represent one or more of the parties; or

(c) Assists another party to the same transaction either solely or through licensee affiliates. Such licensee shall be deemed to be a transaction broker and not a dual agent, provided that, notice of assumption of transaction broker status is provided to the buyer and seller immediately upon such default to transaction broker status, to be confirmed in writing prior to execution of the contract.

339.720. 1. A licensee's general duties and obligations arising from the limited agency relationship shall be disclosed in writing to the seller and the buyer or to the landlord and the tenant pursuant to sections 339.760 to 339.780. Alternatively, when engaged in any of the activities enumerated in section 339.010, a licensee may act as an agent in any transaction in accordance with a written agreement as described in section 339.780.

2. A licensee shall be considered a transaction broker unless:

(1) The designated broker enters into a written seller's agent or landlord's agent agreement with the party or parties to be represented pursuant to subsection 2 of section 339.780;

(2) The designated broker enters into a subagency agreement with another designated broker pursuant to subsection 5 of section 339.780;

(3) The designated broker [enters into a written buyer's agent or tenant's agent agreement with the party or parties to be represented pursuant to subsection 3 of section 339.780] establishes a buyer's or tenant's agency relationship pursuant to subsection 3 of section 339.780;

(4) The designated broker enters into a written agency agreement pursuant to subsection 7 of section 339.780;

(5) The designated broker and the affiliated licensees are performing ministerial acts;

(6) The designated broker enters into a written dual agency agreement with the parties pursuant to subsection 4 of section 339.780;

(7) The designated broker is acting in a manner described in paragraph (c) of subdivision [(20)] (22) of section 339.710 without proper notice of assumption of transaction broker status; or

(8) The licensee is making a listing presentation, which may include pricing and marketing advice about a potential future transaction, to a customer in anticipation of entering into a signed agency brokerage service agreement as a direct result of the presentation.

3. Sections 339.710 to 339.860 do not obligate any buyer or tenant to pay compensation to a designated broker unless the buyer or tenant has entered into a written agreement with the designated broker specifying the compensation terms in accordance with subsection 3 of section 339.780.

4. A licensee may work with a single party in separate transactions pursuant to different relationships, including, but not limited to, selling one property as a transaction broker or a seller's agent working with that seller in buying another property as a buyer's agent, as a subagent or as a transaction broker if the licensee complies with sections 339.710 to 339.860 in establishing the relationships for each transaction.

339.770. 1. In a residential real estate transaction, at the earliest practicable opportunity during or following the first substantial contact by the designated broker or the affiliated licensees with a seller, landlord, buyer, or tenant who has not entered into a written agreement for services as described in subdivision (5) of section 339.710, the licensee shall provide that person with a written copy of the current broker disclosure form which has been prescribed by the commission.

2. When a seller, landlord, buyer, or tenant has already entered into a written agreement for services with a designated broker, no other licensee shall be required to make the disclosures required by this section.

3. Disclosures made in accordance with sections 339.710 to 339.860 shall be sufficient as a matter of law to disclose brokerage relationships to the public."; and

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

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

Representative Shields offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1689 by inserting at the appropriate location the following sections:

"332.051. 1. The board shall establish and maintain an office at Jefferson City, Missouri, where its records and files shall be kept.

2. Investigators employed by the board shall, among other duties, have the power in the name of the board to investigate alleged violations of this chapter including the right to inspect, on order of the board, dental offices, including records, dental laboratories, dental equipment and instruments, and not-for-profit corporations licensed to practice dentistry in this state, including patient records, records of the not-for-profit corporation, and locations where not-for-profit corporations practice dentistry, with respect to violations of the provisions of this chapter.

332.071. A person or other entity "practices dentistry" within the meaning of this chapter who:

(1) Undertakes to do or perform dental work or dental services or dental operations or oral surgery, by any means or methods, gratuitously or for a salary or fee or other reward, paid directly or indirectly to the person or to any other person or entity;

(2) Diagnoses or professes to diagnose, prescribes for or professes to prescribe for, treats or professes to treat, any disease, pain, deformity, deficiency, injury or physical condition of human teeth or adjacent structures or treats or professes to treat any disease or disorder or lesions of the oral regions;

(3) Attempts to or does replace or restore a part or portion of a human tooth;

(4) Attempts to or does extract human teeth or attempts to or does correct malformations of human teeth or jaws;

(5) Attempts to or does adjust an appliance or appliances for use in or used in connection with malposed teeth in the human mouth;

(6) Interprets or professes to interpret or read dental radiographs;

(7) Administers an anesthetic in connection with dental services or dental operations or dental surgery;

(8) Undertakes to or does remove hard and soft deposits from or polishes natural and restored surfaces of teeth;

(9) Uses or permits to be used for the person's benefit or for the benefit of any other person or other entity the following titles or words in connection with the person's name: "Doctor", "Dentist", "Dr.", "D.D.S.", or "D.M.D.", or any other letters, titles, degrees or descriptive matter which directly or indirectly indicate or imply that the person is willing or able to perform any type of dental service for any person or persons, or uses or permits the use of for the person's benefit or for the benefit of any other person or other entity any card, directory, poster, sign or any other means by which the person indicates or implies or represents that the person is willing or able to perform any type of dental services or operation for any person;

(10) Directly or indirectly owns, leases, operates, maintains, manages or conducts an office or establishment of any kind in which dental services or dental operations of any kind are performed for any purpose; but this section shall not be construed to prevent owners or lessees of real estate from lawfully leasing premises to those who are qualified to practice dentistry within the meaning of this chapter;

(11) Constructs, supplies, reproduces or repairs any prosthetic denture, bridge, artificial restoration, appliance or other structure to be used or worn as a substitute for natural teeth, except when one, not a registered and licensed dentist, does so pursuant to a written uniform laboratory work order, in the form to be prescribed by the board and copies of which shall be retained by the nondentist for two years, of a dentist registered and currently licensed in Missouri and which the substitute in this subdivision described is constructed upon or by use of casts or models made from an impression furnished by a dentist registered and currently licensed in Missouri;

(12) Attempts to or does place any substitute described in subdivision (11) of this section in a human mouth or attempts to or professes to adjust any substitute or delivers any substitute to any person other than the dentist upon whose order the work in producing the substitute was performed;

(13) Advertises, solicits, or offers to or does sell or deliver any substitute described in subdivision (11) of this section or offers to or does sell the person's services in constructing, reproducing, supplying or repairing the substitute to any person other than a registered and licensed dentist in Missouri;

(14) Undertakes to do or perform any physical evaluation of a patient in the person's office or in a hospital, clinic, or other medical or dental facility prior to or incident to the performance of any dental services, dental operations, or dental surgery;

(15) Reviews examination findings, x-rays, or other patient data to make judgements or decisions about the dental care of a patient in this state.

332.081. 1. No person, corporation, or entity shall practice dentistry in Missouri as defined in section 332.071 unless and until the board has issued to the person a certificate certifying that the person has been duly registered as a dentist in Missouri and unless and until the board has issued to the person a license, to be renewed each period as provided in this chapter, to practice dentistry in Missouri; but nothing in this chapter shall be so construed as to make it unlawful for a legally qualified and licensed physician or surgeon, who does not practice dentistry as a specialty, from extracting teeth, or to make it unlawful for a dentist licensed in a state other than Missouri from making a clinical demonstration before a meeting of dentists in Missouri, or to make it unlawful for dental students in any accredited dental school to practice dentistry under the personal direction of instructors, or to make it unlawful for any duly registered and licensed dental hygienist in Missouri to practice as a dental hygienist as defined in section 332.091, or to make it unlawful for dental assistants, certified dental assistants or expanded functions dental assistants to be delegated duties as defined in section 332.093, or to make it unlawful for persons to practice dentistry in the United States armed services or in or for the United States Public Health Service, or in or for the United States Veterans Bureau, or to make it unlawful to teach in an accredited dental school, or to make it unlawful for a duly qualified anesthesiologist or anesthetist to administer an anesthetic in connection with dental services or dental surgery.

2. No corporation shall practice dentistry as defined in section 332.071 unless that corporation is organized as a not-for-profit corporation under the provisions of chapter 355, RSMo, and has the status of an organization under 26 U.S.C. Section 501(c)(3), or is organized under the provisions of chapter 356, RSMo.

3. A not-for-profit corporation organized under the provisions of chapter 355, RSMo, and qualifying as an organization under 26 U.S.C. Section 501(c)(3) shall:

(1) Only provide dental services to Medicaid recipients and individuals who have income below two hundred percent of the federal poverty level unless mandated by federal law;

(2) Only practice dentistry in this state so long as at least ninety percent of the corporation's patient census consists of Medicaid recipients or patients with an income below two hundred percent of the federal poverty level unless mandated by law;

(3) Only employ dentists and dental hygienists licensed in this state and dental assistants to render dental services; and

(4) Be organized for health purposes only.

4. No not-for-profit corporation organized under the provisions of chapter 355, RSMo, and qualifying as an organization under 26 U.S.C. Section 501(c)(3) or any other person may direct or interfere or attempt to direct or interfere with a licensed dentist's professional judgment and competent practice of dentistry.

5. A not-for-profit corporation organized under the provisions of chapter 355, RSMo, and qualifying as an organization under 26 U.S.C. Section 501(c)(3) may apply for a license to practice dentistry in this state so long as the corporation applies for licensure in writing on forms provided by the Missouri dental board.

6. Any not-for-profit corporation that obtains a license to practice dentistry in this state is subject to discipline pursuant to section 332.321. If the board concludes that a not-for-profit corporation has committed an act or is engaging in a course of conduct that would be grounds for disciplinary action, the board may file a complaint before the administrative hearing commission. The board may refuse to issue or renew the license of a not-for-profit corporation for one or any combination of causes stated in subsection 2 of section 332.321. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of their right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

7. The board shall promulgate rules and regulations to ensure not-for-profit corporations are rendering care to the patient population as set forth herein, including requirements for not-for-profit corporations to report patient census data to the board.

8. All not-for-profit corporations organized and operated as migrant, community, or homeless health centers pursuant to 42 U.S.C. Section 254(b) or 254(c), or federally qualified health centers pursuant to 42 U.S.C. Section 13996(d), or as otherwise authorized herein, shall practice dentistry in accordance with the law of this state, except as specifically preempted by federal law.

332.111. Any person [who], corporation, or entity that practices dentistry as defined in section 332.071 [who] that is not a duly registered and currently licensed dentist in Missouri as hereinafter provided, or any person who practices as a dental hygienist as defined in section 332.091 who is not a duly registered and currently licensed dental hygienist in Missouri as hereinafter provided is guilty of a class A misdemeanor.

332.121. 1. Upon application by the board and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person, corporation, or firm or other entity from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required by this chapter upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; [or]

(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any resident of this state or client or patient of the licensee; or

(3) Directing, interfering with, or attempting to direct or interfere with licensed dentist's professional judgement or competent practice of dentistry.

2. Any such action shall be commenced either in the county in which the defendant resides or in the county in which such conduct occurred.

3. Any action brought under this section shall be in addition to and not in lieu of any penalty provided by this chapter and may be brought concurrently with other actions to enforce this chapter.

332.332. 1. Upon unanimous consent of the members of the board participating in the vote, the president or secretary of the board shall administer oaths, subpoena witnesses, issue subpoenas duces tecum and require production of documents and records. Subpoenas, including subpoena duces tecum, shall be served by a person authorized to serve subpoenas of courts of record. In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative.

2. The board may enforce its subpoenas, including subpoenas duces tecum, by applying to a circuit court of Cole County, the county of the investigation, hearing, or proceeding, or any county where the person resides or may be found, for an order upon any person who shall fail to obey a subpoena to show cause why such

subpoena should not be enforced, which such order and a copy of the application thereof shall be served upon the person in the same manner as a summons in a civil action and if the circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court."; and

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

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

Speaker Pro Tem Abel resumed the Chair.

Representative Hegeman offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1689 by inserting at the appropriate location the following section:

"332.327. 1. The board may establish an impaired dentist or dental hygienist committee, to be designated as the well-being committee, to promote the early identification, intervention, treatment and rehabilitation of dentists or dental hygienists who may be impaired by reasons of illness, substance abuse, or as a result of any physical or mental condition. The board may enter into a contractual agreement with a nonprofit corporation or a dental association for the purpose of creating, supporting and maintaining a committee to be designated as the well-being committee. The board may promulgate administrative rules subject to the provisions of this section and chapter 536, RSMo, to effectuate and implement any committee formed pursuant to this section. The board may expend appropriated funds necessary to provide for operational expenses of the committee formed pursuant to this section. Any member of the well-being committee, as well as any administrator, staff member, consultant, agent or employee of the committee, acting within the scope of his or her duties and without actual malice and, all other persons who furnish information to the committee in good faith and without actual malice, shall not be liable for any claim of damages as a result of any statement, decision, opinion, investigation or action taken by the committee, or by any individual member of the committee.

2. All information, interviews, reports, statements, memoranda or other documents furnished to or produced by the well-being committee, as well as communications to or from the committee, any findings, conclusions, interventions, treatment, rehabilitation or other proceedings of the committee which in any way pertain to a licensee who may be, or who actually is, impaired shall be privileged and confidential.

3. All records and proceedings of the well-being committee which pertain or refer to a licensee who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records pursuant to chapter 610, RSMo, and shall not be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal or administrative proceedings except as provided in subsection 4 of this section.

4. The well-being committee may disclose information relative to an impaired licensee only when:

(1) It is essential to disclose the information to further the intervention, treatment or rehabilitation needs of the impaired licensee and only to those persons or organization with a need to know;

(2) Its release is authorized in writing by the impaired licensee;

(3) The committee is required to make a report to the board; or

(4) The information is subject to a court order.

5. In lieu of pursuing discipline against a dentist or dental hygienist for violating one or more causes stated in subsection 2 of section 332.321, the board may enter into a diversion agreement with a dentist or dental hygienist to refer the licensee to the dental well-being committee under such terms and conditions as are agreed to by the board and licensee for a period not to exceed five years. The board shall enter into no more than two diversion agreements with any individual licensee. If the licensee violates a term or condition of a diversion agreement entered into pursuant to this section, the board may elect to pursue discipline against the licensee pursuant to chapter 621, RSMo, for the original conduct that resulted in the diversion agreement, or for any subsequent violation of subsection 2 of section 332.321. While the licensee participates in the well-being committee, the time limitations of section 620.154, RSMo, shall toll pursuant to subsection 7 of section 620.154, RSMo. All records pertaining to diversion agreements are confidential and may only be released pursuant to subdivision (7) of subsection 14 of section 620.010, RSMo."; and

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

On motion of Representative Hegeman, House Amendment No. 3 was adopted.

On motion of Representative Treadway, HCS HB 1689, as amended, was adopted.

On motion of Representative Treadway, HCS HB 1689, as amended, was ordered perfected and printed.

HB 1679, as amended, with House Substitute Amendment No. 1 for House Amendment No. 11 and House Amendment No. 11, pending, relating to horse racing and pari-mutuel wagering, was taken up by Representative Crump.

Speaker Kreider resumed the Chair.

On motion of Representative Hollingsworth, House Substitute Amendment No. 1 for House Amendment No. 11 was adopted.

Representative Barnett offered House Amendment No. 12.

House Amendment No. 12

AMEND House Bill No. 1679, Page 14, Section 313.600, Line 21, by deleting the opening bracket "[" on said line; and

Further amend said bill, Page 14, Section 313.600, Lines 23 to 24, by deleting all of said lines and inserting in lieu thereof the following: "indictment for a crime involving moral turpitude [or has violated any provisions of the racing law of any state or any rules or regulations of the commission of any state] or a felony."; and

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

On motion of Representative Barnett, House Amendment No. 12 was adopted.

Representative Ladd Baker offered House Amendment No. 13.

House Amendment No. 13

AMEND House Bill No. 1679 by inserting in the appropriate place the following:

"Section 1. The Missouri Horse Racing Commission shall regulate the wagering structure to provide a maximum loss of five hundred dollars per individual player for each two-hour period."; and

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

Representative Hollingsworth assumed the Chair.

Representative Ladd Baker moved that House Amendment No. 13 be adopted.

Which motion was defeated by the following vote:

Representative Richardson offered House Amendment No. 14.

House Amendment No. 14

AMEND House Bill No. 1679, Page 3, Section 313.510, Line 6, by inserting a new sentence immediately following the period after the word "Louis" as follows: "At least two of said members shall be horsemen as such term is commonly understood in the industry".

On motion of Representative Richardson, House Amendment No. 14 was adopted.

Representative Bartle offered House Amendment No. 15.

House Amendment No. 15

AMEND House Bill No. 1679, Page 10, Section 313.562, Line 17, by deleting the words "Associating in business with" and inserting in lieu thereof the words "Associating with, either socially or in business affairs"; and

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

On motion of Representative Bartle, House Amendment No. 15 was adopted.

Speaker Pro Tem Abel resumed the Chair.

Representative Burton offered House Amendment No. 16.

House Amendment No. 16

AMEND House Bill No. 1679, Page 19, Section 313.652, Section 2, Line 9, by adding after the word "horses" the following: "simulcasting shall be taxed at the same rate as live racing as provided in sections 313.652 & 313.655".

On motion of Representative Burton, House Amendment No. 16 was adopted.

Representative Froelker offered House Amendment No. 17.

House Amendment No. 17

AMEND House Bill No. 1679, Page 23, Section 313.670, Line 10, by inserting after "misdemeanor" on said line the following: "and subsequent violations shall be a class D felony.".

Representative Froelker moved that House Amendment No. 17 be adopted.

Which motion was defeated.

On motion of Representative Crump, HB 1679, as amended, was ordered perfected and printed by the following vote:

PERFECTION OF HOUSE BILLS

HCS HB 1762, relating to credit cardholders, was taken up by Representative Harding.

Representative Harding offered HS HCS HB 1762.

Representative Harding offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1762, Page 4, Section 407.433, Line 14 of said page, by adding immediately after the word "who" the following: knowingly".

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

Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1762, Page 1, Section 407.432, Line 19, by adding after the word "agent" the phrase "authorized signatory".

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

Representative Crowell offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1762, Page 5, Section 407.433, Line 8 of said page, by inserting after all of said line the following:

"541.155. Any person charged with fraudulent use of a credit device, or any stealing offense in which another person's credit card number, check, or checking account number was fraudulently used for the purpose of obtaining property or services of another, shall be prosecuted:

(1) In the county in which the offense is committed; or

(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or

(3) In the county in which the defendant resides; or

(4) In the county in which the victim resides; or

(5) In the county in which the property obtained or attempted to be obtained was located."; and

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

On motion of Representative Crowell, House Amendment No. 3 was adopted.

On motion of Representative Harding, HS HCS HB 1762, as amended, was adopted.

On motion of Representative Harding, HS HCS HB 1762, as amended, was ordered perfected and printed.

HB 1748, relating to drinking water fees, was taken up by Representative Ransdall.

Representative Britt assumed the Chair.

On motion of Representative Ransdall, HB 1748 was ordered perfected and printed.

HB 1994, relating to Southwest Missouri State University, was placed on the Informal Calendar.

HB 1851, relating to housing authorities, was taken up by Representative Curls.

Representative Curls offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1851, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"99.050. When the governing body of a city adopts a resolution or other declaration as aforesaid, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons who shall be taxpayers who have resided in said city for [five years] one year prior to such appointment as commissioners of the authority created for said city. When the governing body of a county adopts a resolution or other declaration as aforesaid, said body shall appoint five persons as commissioners of the authority created for said county. Three of the commissioners who are first appointed shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment, and two shall be designated to serve for terms of four years from the date of their appointment. Thereafter commissioners shall be appointed as aforesaid for a term of office of four years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified, unless sooner removed according to sections 99.010 to 99.230. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services for the authority, in any capacity, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. The powers of each authority shall be vested in the commissioners thereof in office from time to time. One more than one-half of all commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of a quorum, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners shall be the first chairman and he shall serve in the capacity of chairman until the expiration of his term of office as commissioner. When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners. An authority shall select from among its commissioners a vice chairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper."; and

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

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

Representative Ridgeway offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1851, Page 3, Section 99.134, Line 60, by deleting Lines 60 through 65 and inserting in lieu thereof the following:

"7. Each commissioner shall receive reimbursement only for reasonable and ordinary travel expenses incurred in attending within the jurisdiction of the housing authority.".

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

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Bill No. 1851, Page 3, Section 99.134, Line 63, by adding after the word "duties." the phrase "the expenses shall not exceed the sum of one thousand dollars per year per commissioner.".

On motion of Representative Byrd, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted by the following vote:

On motion of Representative Curls, HB 1851, as amended, was ordered perfected and printed.

HB 1773, relating to compensation for St. Louis police, was taken up by Representative Shelton.

Representative Villa offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1773, Page 1, Section A, Line 2, by inserting after all of said line the following:

"84.140. The boards shall grant every member of the police force [hired prior to May 1, 1986,] who has served for one year or more a total of three weeks vacation each year with pay, and each member of the police force who has served the department for twelve years or more shall receive four weeks vacation each year with pay, and each member of the police force who has served the department for twenty-one years or more shall receive five weeks vacation each year with pay[; however, the boards shall grant every member of the police force hired on or after May 1, 1986, a total of two weeks vacation each year with pay, and each such member of the police force who has served the department for five years or more shall receive three weeks vacation each year with pay, and each such member of the police force who has served the department for twelve years or more shall receive four weeks vacation each year with pay, and each such member of the police force who has served the department for twenty-one years or more shall receive five weeks vacation each year with pay]. All members of the police force shall receive [fourteen] fifteen holidays with pay, and one hundred four days off duty each year with pay, and the boards may from time to time grant additional days off duty each year with pay when in the judgment of the boards, the granting thereof will not materially impair the efficiency of the department."; and

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

HB 1773, with House Amendment No. 1, pending, was laid over.

On motion of Representative Crump, the House recessed until 8:00 p.m.

EVENING SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 900 - Representative Whorton

House Resolution No. 901 - Representative Hampton

House Resolution No. 902 - Representative Boucher

House Resolution No. 903

through

House Resolution No. 907 - Representative Harding

HOUSE RESOLUTIONS

HCS HR 51, relating to credit cards on college campuses, was taken up by Representative Boykins.

On motion of Representative Boykins, HCS HR 51 was adopted.

HR 262, relating to use of chamber, was taken up by Representative Williams.

On motion of Representative Williams, HR 262 was adopted.

HCS HR 361, relating to fuel economy standards, was taken up by Representative Hanaway.

On motion of Representative Hanaway, HCS HR 361 was adopted.

HR 318, relating to use of chamber, was taken up by Representative Crawford.

On motion of Representative Crawford, HR 318 was adopted.

THIRD READING OF HOUSE BILLS - CONSENT

HB 1159, relating to special license plates, was taken up by Representative Boykins.

On motion of Representative Boykins, HB 1159 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1214, relating to a special license plate for motorcycles, was taken up by Representative Davis.

On motion of Representative Davis, HB 1214 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1624, relating to special license plates, was taken up by Representative Skaggs.

On motion of Representative Skaggs, HB 1624 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1204, relating to a special license plate, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, HB 1204 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1093, relating to a special license plate, was taken up by Representative Relford.

On motion of Representative Relford, HB 1093 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1714, relating to a special license plate, was taken up by Representative Hilgemann.

On motion of Representative Hilgemann, HB 1714 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1205, relating to a special license plate, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, HB 1205 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1411, relating to a special license plate, was taken up by Representative Skaggs.

On motion of Representative Skaggs, HB 1411 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Shoemyer (9) assumed the Chair.

HB 1094, relating to a special license plate, was taken up by Representative Relford.

On motion of Representative Relford, HB 1094 was read the third time and passed by the following vote:

Representative Shoemyer (9) declared the bill passed.

HB 1397, relating to a special license plate, was taken up by Representative Ransdall.

On motion of Representative Ransdall, HB 1397 was read the third time and passed by the following vote:

Representative Shoemyer (9) declared the bill passed.

HB 1391, relating to a special license plate, was taken up by Representative Smith.

On motion of Representative Smith, HB 1391 was read the third time and passed by the following vote:

Representative Shoemyer (9) declared the bill passed.

HB 1272, relating to a special license plate, was taken up by Representative Smith.

On motion of Representative Smith, HB 1272 was read the third time and passed by the following vote:

Representative Shoemyer (9) declared the bill passed.

HB 1412, relating to a special license plate, was taken up by Representative Skaggs.

Representative Skaggs moved that HB 1412 be read the third time and passed.

Which motion was defeated by the following vote: