The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, Your goodness to us, the blessings You bestow upon us and Your gifts that we enjoy are given without any strings attached to the good and the bad, the high and the lowly. Teach us to give, to serve and to minister in this same spirit. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal of the previous day was read and approved.

     The following Senators were present during the day's proceedings:

	Present--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--34
	Absent with leave--Senators--None
	The Lieutenant Governor was present.

     The President introduced to the Senate, United States Senator Christopher S. Bond, who assumed the dais and addressed the members of the Senate.

     President Wilson resumed the Chair.

     Senator Schneider offered Senate Resolution No. 858, regarding Jason Drew Westbrook, Florissant, which was adopted.

     Senator Schneider offered Senate Resolution No. 859, regarding William Thomas Fitzgerald, Riverview, which was adopted.

     Senator Wiggins and Senator Rohrbach offered the following resolution, which was adopted:

     WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Thomas S. Cordes, Sr., of Jefferson City; and

     WHEREAS, Mr. Cordes was born October 31, 1912, at Meade, Kansas, where he began attending school and later attended school in Jefferson City, graduating from Jefferson City High School; and

     WHEREAS, Mr. Cordes served his country as an Army veteran in World War II and was later the owner-operator for many years of the Cordes Construction Company until his retirement; and

     WHEREAS, Mr. Cordes was a member of the Veterans of Foreign Wars, Roy Sone Post 1003, and previously served as Post Commander; Mr. Cordes was also a charter member of the Military Order of the Cooties Pup Tent 3, was a member of the National Rifle Association, and had served as President of the Home Association; and

     WHEREAS, Mr. Cordes was most of all a loving and devoted father and grandfather in whose heart and love his family always came first;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of Thomas S. Cordes, Sr., express their appreciation for his lifetime of good citizenship and his contributions to Jefferson City and to Missouri, and extend to his family and many friends most sincere sympathy on his death.

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mr. Thomas S. Cordes, Jr., and to Reverend Christopher Lee Cordes, Jefferson City, Missouri.

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 929--By McKenna.

     An Act to repeal section 195.017, RSMo 1994, relating to the regulation of certain drugs, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     SB 930--By McKenna.

     An Act to repeal section 329.265, RSMo Supp. 1995, relating to cosmetology, and to enact one new section relating to the same subject.

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 578 and SB 558, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     Senator DePasco moved that SJR 32 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     Senator DePasco offered SA 1, which was read:

     Amend Senate Joint Resolution No. 32, Page 2, Section 37(b), Line 4, by inserting immediately after the word "law" the following: ", including the provision of aging services and programs through a unified service delivery system".

     Senator DePasco moved that the above amendment be adopted.

     At the request of Senator DePasco, SA 1 was withdrawn.

     Senator Staples requested a roll call vote be taken on the perfection of SJR 32 and was joined in his request by Senators House, Moseley, Russell and Wiggins.

     Senator Wiggins assumed the Chair.

     Senator Mueller offered SA 2, which was read:

     Amend Senate Joint Resolution No. 32, Page 2, Section 12, Line 9, by deleting "a department of" on said line and "insurance," on line 10; and

     Further amend said joint resolution, line 14, by deleting the brackets on said line and the word "sixteen".

     Senator Mueller moved that the above amendment be adopted.

     At the request of Senator Mueller, SA 2 was withdrawn.

     President Wilson resumed the Chair.

     Senator Staples assumed the Chair.

     Senator Kinder offered SA 3, which was read:

     Amend Senate Joint Resolution No. 32, Page 2, Section 12, Line 16, by adding, at the end of said line, the following: ", except for the department of Elementary and Secondary Education,"; and

     Further amend said bill, page 2, line 25, by adding the following: "Beginning on January 1, 1998, the Commissioner of Education shall be elected by the voters of the State of Missouri.".

     Senator Kinder moved that the above amendment be adopted.

     Senator House raised the point of order that SA 3 is out of order in that the amendment is not germane to the subject matter of the joint resolution before the body.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     President Wilson resumed the Chair.

     Senator DePasco moved that SJR 32 be declared perfected and ordered printed, which motion prevailed by the following vote:

	Yeas--Senators
Caskey	Clay	DePasco	Goode
House	Howard	Johnson	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Quick	Russell	Schneider	Staples
Treppler	Wiggins--18
	Nays--Senators
Bentley	Ehlmann	Flotron	Graves
Kenney	Kinder	Klarich	Mueller
Rohrbach	Sims	Singleton	Westfall--12
	Absent--Senators
Banks	Curls	Melton	Scott--4
	Absent with leave--Senators--None

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 931--By Schneider, Caskey, Klarich, Moseley and Maxwell.

     An Act to repeal section 287.615, RSMo 1994, relating to the department of labor and industrial relations, and to enact in lieu thereof one new section relating to the same subject.

     SB 932--By Flotron.

     An Act to amend chapter 208, RSMo, relating to public assistance benefits, by adding two new sections relating to the same subject.

     SB 933--By Flotron.

     An Act to amend chapter 311, RSMo, by adding one new section relating to the auction of vintage wine, with penalty provisions.

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 659, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 858, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 727, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Banks offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

     WHEREAS, the federal and state governments have over the years memorialized outstanding Americans; and

     WHEREAS, these commemorations are frequently observed as federal and state holidays; and

     WHEREAS, the Missouri General Assembly has declared certain days to be public holidays and are observed by closing schools and governmental offices; and

     WHEREAS, certain public holidays occur when the General Assembly is in session;

     NOW THEREFORE BE IT RESOLVED, that the Missouri Senate, the House of Representatives concurring therein, declare that in addition to being public holidays, these special commemorations shall also be declared legislative holidays when the General Assembly shall not convene;

     BE IT FURTHER RESOLVED, that the General Assembly may meet on Friday of any week in which a legislative holiday occurs.

     Senator Wiggins offered the following resolution, which was adopted:

     WHEREAS, the members of the Missouri Senate have been pleased to learn that Paul Henson will be honored at the annual meeting of the Central Governing Board of the Children's Mercy Hospital on Thursday, February 22, 1996; and

     WHEREAS, Mr. Henson, a long-time distinguished Kansas City civic leader, has contributed immeasurably to the goals and objectives of Children's Mercy Hospital, Kansas City's premier and nationally known headquarters for treatment of children's injuries and diseases; and

     WHEREAS, Mr. Henson served as co-chairman of the "Extending the Challenge" capital campaign, which significantly exceeded its goal by raising a total of $15.7 million to the Centennial Campaign fund allowing the hospital to include an additional two floors on both the new outpatient center and the new inpatient tower; and

     WHEREAS, Mr. Henson, a long-time friend of the hospital, is a member of Children's Mercy's Board of Trustees and through his leadership, vision and support enabled Children's Mercy to complete the largest capital campaign conducted by any pediatric hospital of comparable size in the United States;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding achievements of Paul Henson, express their appreciation for his lifetime of good citizenship and particularly for his contributions to Children's Mercy Hospital, and extend congratulations at the honor being bestowed upon him on this particularly auspicious occasion;

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Honorable Paul Henson and Children's Mercy Hospital.

     Senator Wiggins offered the following resolution, which was adopted:

     WHEREAS, the members of the Missouri Senate have been pleased to learn that Harry McCray will be honored at the annual meeting of the Central Governing Board of Children's Mercy Hospital on Thursday, February 22, 1996; and

     WHEREAS, Mr. McCray, a long-time distinguished Kansas City civic leader, has contributed immeasurably to the goals and achievements of Children's Mercy Hospital, Kansas City's premier and nationally known headquarters for treatment of children's injuries and diseases; and

     WHEREAS, Mr. McCray served as co-chairman of the "Extending the Challenge" capital campaign, which significantly exceeded its goal by raising a total of $15.7 million to be added to the centennial campaign fund allowing the hospital to include an additional two floors on both the new outpatient center and new inpatient tower; and

     WHEREAS, Mr. McCray is a past chairman of the Central Governing Board of the hospital, and whose leadership, vision and support enabled Children's Mercy to complete the largest capital campaign conducted by any pediatric hospital of comparable size in the United States;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding achievements of Harry McCray, express their appreciation for his lifetime of good citizenship and particularly for his contributions to Children's Mercy Hospital, and extend congratulations at the honor being bestowed upon him on this particularly auspicious occasion;

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Honorable Harry McCray and Children's Mercy Hospital.

     Senator Wiggins offered the following resolution, which was adopted:

     WHEREAS, the members of the Missouri Senate have been pleased to learn that Bob Keeshan will be honored on Thursday, February 22, 1996, as Keynote Speaker at the Annual Meeting of the Central Governing Board of Children's Mercy Hospital; and

     WHEREAS, Bob Keeshan, a nationally known star of television and radio and well known motivational speaker, is an expert on children and the problems of children; and

     WHEREAS, Bob Keeshan, at the age of 21, in 1948, began playing the role of Clarabell the Clown on television's "Howdy Doody" show; and

     WHEREAS, after five years in the role of Clarabell, he worked in local children's programming in New York; and

     WHEREAS, in 1955 on the CBS television network, Bob Keeshan founded the famous show known as "Captain Kangaroo"; and

     WHEREAS, Bob Keeshan has become a nationally known advocate for children, testifies frequently before legislative bodies, speaks frequently before groups concerned about the well being of children, urging parents to spend more and more time with their children rather than sending them off to watch television every evening;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding career of Bob Keeshan, express their appreciation for his lifetime of good citizenship and dedication to the needs and causes of children, and express appreciation to Bob Keeshan for visiting Missouri and extend congratulations to him for the honor being bestowed upon him by the Central Governing Board in making him the Keynote Speaker;

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mr. Bob Keeshan and for Children's Mercy Hospital.

     The following Bills were read the 2nd time and referred to the Committees indicated:

     SB 906--Public Health and Welfare.

     SB 907--Civil and Criminal Jurisprudence.

     SB 908--Agriculture and Local Government.

     SB 909--Commerce and Environment.

     SB 910--Corrections and General Laws.

     SB 911--Education.

     SB 912--Aging, Families and Mental Health.

     SB 913--Public Health and Welfare.

     SB 914--Agriculture and Local Government.

     SB 915--Education.

     On motion of Senator Banks, the Senate recessed until 3:30 p.m.

     The time of recess having expired, the Senate was called to order by President Pro Tem Mathewson.

     Senator Sims moved that SB 547, with SS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

     At the request of Senator Klarich, SA 2 was withdrawn.

     At the request of Senator Sims, SS for SB 547 was withdrawn.

     Senator Sims offered SS No. 2 for SB 547, entitled:

     An Act to repeal sections 557.036, 558.018 and 558.021, RSMo 1994, and section 566.607, RSMo Supp. 1995, relating to sex offender sentencing, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Senator Sims moved that SS No. 2 for SB 547 be adopted.

     Senator Johnson assumed the Chair.

     Senator Klarich offered SA 1, which was read:

     Amend Senate Substitute No. 2 for Senate Bill No. 547, Page 9, Section 558.023, Lines 11-22, by deleting said lines and replace in lieu thereof the following:

     "7. Prior to an evaluation under this act, the person to be evaluated shall be informed of his right to counsel and right to remain silent.".

     Senator Klarich moved that the above amendment be adopted.

     At the request of Senator Klarich, SA 1 was withdrawn.

     Senator Klarich offered SA 2, which was read:

     Amend Senate Substitute No. 2 for Senate Bill No. 547, Pages 9-10, Subsection 8, Line 23, by deleting said subsection and replacing in lieu thereof the following:

     "8. A person found to be a predatory sexual offender pursuant to subsection 2 of this section shall receive a sentence of life imprisonment with eligibility for parole after serving a minimum term of not less than thirty years in prison. In no event shall such offender be released from incarceration prior to the expiration of such minimum term if such person is found to be a persistent or predatory sexual offender as defined by this act.".

     Senator Klarich moved that the above amendment be adopted.

     At the request of Senator Sims, SB 547, with SS No. 2 and SA 2 (pending), was placed on the Informal Calendar.

     Senator House moved that SB 533, SB 512 and SB 581, with SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

     Senator Quick assumed the Chair.

     Senator Sims moved that SA 2 be adopted, which motion failed on a standing division vote.

     Senator Singleton offered SA 3:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 3, Section 376.1210, Line 76, by inserting immediately after said line, the following:

     "8. Any person licensed pursuant to section 334.260, RSMo, certified nurse midwives or certified professional midwives providing in-home maternity and newborn care services pursuant to this section, shall furnish satisfactory evidence of a medical malpractice insurance policy of at least five hundred thousand dollars. The provisions of this subsection shall not apply to those who are providing maternity and newborn care services under the legitimate practice of the religious belief of the parents or who are not receiving compensation for their services.".

     Senator Singleton moved that the above amendment be adopted, which motion failed.

     Senator Bentley offered SA 4, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 1, Section 2, Lines 12 and 13, by removing the words "and certified professional midwives,".

     Senator Bentley moved that the above amendment be adopted, which motion failed.

     Senator Singleton offered SA 5, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 2, Section 376.1210, Line 41, by adding following "feeding," the following: "education and services for complete childhood immunizations,".

     Senator Singleton moved that the above amendment be adopted, which motion prevailed.

     Senator Caskey offered SA 6, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 1, Section 376.1210.2, Line 13, by inserting after the word "midwives" on said line the following: ", provided such midwives are licensed to practice in the State of Missouri,".

     Senator Caskey moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SA 6, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 1, Section 376.1210.2, Line 13, by inserting after the word "midwives" on said line the following: ", provided such midwives are licensed to practice in the State of Missouri or, unless otherwise qualified to practice as professional midwives as deemed by the American College of Nurse Midwives.".

     Senator Klarich moved that the above substitute amendment be adopted, which motion failed on a standing division vote.

     SA 6 was again taken up.

     Senator Caskey moved that the above amendment be adopted, which motion prevailed on a standing division vote.

     Senator House moved that SCS for SBs 533, 512 and 581, as amended, be adopted, which motion prevailed.

     On motion of Senator House, SCS for SBs 533, 512 and 581, as amended, was declared perfected and ordered printed.

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 934--By Banks.

     An Act to repeal sections 197.300, 197.305, 197.310, 197.315 and 197.330, RSMo 1994, relating to the Missouri health certificate of need law, and to enact eleven new sections relating to the same subject, with penalty provisions.

     SB 935--By Curls.

     An Act to amend chapter 376, RSMo, relating to certain health care benefits, by adding one new section relating to the same subject.

     SB 936--By House.

     An Act to repeal section 590.501, RSMo Supp. 1995, relating to disciplinary rights of certain law enforcement officials, by adding five new sections relating to the same subject.

     On behalf of Senator Moseley, Chairman of the Committee on Education, Senator Mathewson submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 694, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     The following messages were received from the Governor:

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you House Committee Substitute for Senate Bill No. 575 entitled:

To repeal section 197.318, RSMo 1994, relating to certificate of need, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

On February 20, 1996, I approved said House Committee Substitute for Senate Bill No. 575.

     Also,

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 857 entitled:

To repeal sections 169.010 and 169.600, RSMo 1994, and sections 169.030 and 169.620, RSMo Supp. 1995, relating to teacher retirement, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

On February 20, 1996, I approved said Senate Committee Substitute for Senate Bill No. 857.

     Senator Howard introduced to the Senate, Mr. and Mrs. Eugene Duncan, Wappapello.

     Senator Howard introduced to the Senate, Beverly Birmingham, Greenville.

     Senator Kenney introduced to the Senate, Lois Benshoof and Roberta Roller, Lee's Summit.

     Senator Graves introduced to the Senate, students from Northwest Missouri State University, Maryville.

     Senator Westfall introduced to the Senate, Mr. and Mrs. Bob Kifer, and their grandson, Drew, Bolivar; and Drew was made an honorary page.

     Senator Treppler introduced to the Senate, Robert and Anita Yeckel, and Pat Manfrede, St. Louis County.

     Senator Wiggins introduced to the Senate, Jill Klein and Genevieve Anderson, St. Louis.

     Senator Rohrbach introduced to the Senate, his nephew, Jesse Rohrbach, Jamestown.

     On behalf of Senator Kenney and himself, Senator Rohrbach introduced to the Senate, Sarah Wehner, Lee's Summit.

     On behalf of Senator Caskey and himself, Senator Rohrbach introduced to the Senate, Cindy Hayes, Windsor; and Jonna Brewer, Harrisonville.

     Senator Johnson introduced to the Senate, FFA members, their parents and advisors from around the state.

     Senator Westfall introduced to the Senate, Jay Shepherd, Aurora.

     Senator House introduced to the Senate, John Ridder, Marthasville.

     Senator Singleton introduced to the Senate, David Hilgenberg, Carl Junction.

     Senator Russell introduced to the Senate, Jody Hubner, Mountain Grove.

     Senator Caskey introduced to the Senate, Tammy Slack, Holden.

     Senator Mathewson introduced to the Senate, Andy Burns and Willie Harlow, Marshall.

     Senator Graves introduced to the Senate, Steven Rogers, Princeton; Andrew Popplewell, Amity; and Jeremy Mosley, Browning.

     Senator Staples introduced to the Senate, Leslie Jett, Pomona.

     Senator Kinder introduced to the Senate, Susie Picou, Perryville.

     Senator Singleton introduced to the Senate, Sandy Williams and Evalina Shippee, Joplin; Debra Scritchfield, Carthage; Anne LaNear, Springfield; Ann Campbell and Brent Campbell, Webb City; and Joan Letsinger.

     Senator Maxwell introduced to the Senate, Mark Wilburn, Laddonia.

     Senator Westfall introduced to the Senate, Melissa Phillips, Bolivar; Judy Barette, Rolla; and Sandy Clarkson, Laclede.

     Senator Ehlmann introduced to the Senate, former State Representative Doug Boschert, St. Charles.

     Senator Caskey introduced to the Senate, Mike Keith, Clinton; and Jeff Crouch, Warrensburg.

     Senator Howard introduced to the Senate, Katherine Golden, Greenville; and Virginia Wilson, Fredericktown.

     Senator Caskey introduced to the Senate, Jim Spencer, Harrisonville; and Sue Hazelrigg, Nevada.

     Senator Melton introduced to the Senate, Patricia Faust, Irvine, California.

     Senator Mueller introduced to the Senate, Webelo Pack 981, Kirkwood; and Ryan Preston, Michael Krafft, Mike Rekart and Alex Johnson were made honorary pages.

     Senator Kenney introduced to the Senate, Shannon Zuber, Independence.

     Senator Flotron introduced to the Senate, Vi Smith, Creve Coeur.

     On motion of Senator Banks, the Senate adjourned under the rules.