The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we pray that You will be with Senator Scott, his wife and family, and cause them to know that You are near. With all of the matters important to us, none is equal to our family. We are thankful for the prospect of being with our family. We are thankful for their love. 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	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Absent with leave--Senators
House	Melton	Scott--3

     Senator Mathewson offered Senate Resolution No. 811, regarding Anson Implement, Inc., Higginsville, which was adopted.

     Senator Mathewson offered Senate Resolution No. 812, regarding Don W. Abney, Sedalia, which was adopted.

     Senator Graves offered Senate Resolution No. 813, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Otis R. Baker, Grant City, which was adopted.

     Senator Graves offered Senate Resolution No. 814, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. David Bradley, Linneus, which was adopted.

     Senator Graves offered Senate Resolution No. 815, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Stewart, Pollock, which was adopted.

     Senator Graves offered Senate Resolution No. 816, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Woodrow Jackson, Galt, which was adopted.

     Senator Singleton offered Senate Resolution No. 817, regarding Evelyn Leggitt, Carthage, which was adopted.

     Senator Singleton offered Senate Resolution No. 818, regarding Mable Van Hooser, Jasper County, which was adopted.

     Senator Treppler offered the following resolution, which was adopted:

     WHEREAS, on Wednesday, January 24, 1996, the citizens of St. Louis County witnessed the end of an era with the final issue of Naborhood Link News; and

     WHEREAS, for more than sixty-five years, Naborhood Link News experienced the privilege of serving countless loyal readers in the St. Louis County communities of Carondelet, Lemay, Oakville, Jefferson Barracks, Mehlville, Affton, Concord Village, and sections in between; and

     WHEREAS, the Naborhood Link News was founded in 1930 shortly after the onset of the Great Depression by Edward and Adelaide Schertel, who marked the beginning of a proud family tradition in business that would span three generations; and

     WHEREAS, Edward and Adelaide Schertel distinguished themselves through the hard work and the steadfast commitment they so consistently displayed in the operation of the publication, which they passed on to their son, Vernon G. Schertel, and which he in turn passed on to his sons, Vernon E. "Bud" Schertel and his brother, Allen Schertel; and

     WHEREAS, under the able direction of these Schertel family members, the Naborhood Link News has enjoyed a faithful readership comprised of numerous grateful subscribers, all of whom have come to rely on the constant source of "positive" news; and

     WHEREAS, the Naborhood Link News takes great pride in the tremendous success it has enjoyed over the years as a community advocate which strongly supported the local schools, the fire districts, and the various organizations, as well as the government; and

     WHEREAS, the Schertel family leaves the Naborhood Link News with the knowledge and the satisfaction that good, unbiased news came into the homes of countless citizens over the course of the past six and one-half decades:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, join unanimously in expressing sincere appreciation and deep gratitude to the Schertel family for the innumerable lives they have touched during the sixty-five-year history of publishing the Naborhood Link News; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Schertel family.

     Senator Wiggins assumed the Chair.

     Senator Schneider moved that SR 810 be taken up for adoption, which motion prevailed.

     Senator Schneider moved that SR 810 be adopted.

     Senator Mathewson offered SS for SR 810:

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that Senate Rule 60 be amended to read as follows:

     "Rule 60. An amendment shall not go beyond the second degree to an original bill. For purposes of this rule, an amendment to an amendment, a senate substitute amendment for a floor or committee amendment, or an amendment to a senate substitute for a senate substitute for a bill is in the second degree. An amendment in the second degree may only be amended to correct obvious technical or clerical errors.

      All amendments adopted by either house to a bill pending and originating in the same shall be incorporated in the bill, and the bill as perfected shall before the third reading and final passage, be printed for the use of the members. The printing of bills ordered to third reading and final passage shall be under the supervision of the Committee on Rules, Joint Rules and Resolutions, whose report shall set forth that they find the printed copy of such bills as theretofore agreed and furnished for the use of the members is correct. A correct record of each day's proceedings in each house shall be furnished for the use of the members of the general assembly before the record is approved and no bill shall be signed by the presiding officer of either house until such printed copy thereof shall have been furnished for the use of the members of the general assembly and the record of the previous day shall have been approved. When agreed to by both houses, the bill as finally passed shall be typed or printed and signed by the presiding officer of each house and transmitted to the governor.".

     Senator Mathewson moved that SS for SR 810 be adopted.

     Senator Schneider offered SA 1, which was read:

     Amend Senate Substitute for Senate Resolution No. 810, Rule 60, Lines 3 and 4, by striking the words: "a senate substitute amendment for a floor or committee amendment".

     Senator Schneider moved that the above amendment be adopted.

     Senator McKenna raised the point of order that SA 1 is out of order in that a substitute amendment cannot be perfected.

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

     SS for SR 810 was again taken up.

     Senator Mathewson moved that SS for SR 810 be adopted, which motion failed by the following vote:

	Yeas--Senators
Caskey	Curls	DePasco	Johnson
Mathewson	Moseley	Quick	Russell
Singleton	Staples	Westfall	Wiggins--12
	Nays--Senators
Banks	Bentley	Clay	Ehlmann
Flotron	Goode	Graves	Howard
Kenney	Kinder	Klarich	Lybyer
Maxwell	McKenna	Mueller	Rohrbach
Schneider	Sims	Treppler--19
	Absent--Senators--None
	Absent with leave--Senators
House	Melton	Scott--3

     SR 810 was again taken up.

     Senator Schneider moved that the above resolution be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	Howard	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Mueller
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--29
	Nays--Senators
Quick--1
	Absent--Senators
Johnson--1
	Absent with leave--Senators
House	Melton	Scott--3

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

     SB 902--By Sims.

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

     SB 903--By Clay.

     An Act to amend chapter 431, RSMo, relating to certain construction indemnity agreements by adding thereto one new section relating to the same subject.

     SB 904--By Quick.

     An Act to repeal section 64.905, RSMo 1994, relating to planning and zoning in certain counties, and to enact in lieu thereof one new section relating to the same subject.

     SB 905--By Quick.

     An Act to repeal sections 301.550, 301.555, 301.557, 301.559, 301.562, 301.563, 301.564, 301.565, 301.566, 301.572 and 301.573, RSMo 1994, and sections 301.553, 301.560 and 301.570, RSMo Supp. 1995, relating to the Missouri motor vehicle commission, and to enact in lieu thereof twelve new sections relating to the same subject, with an effective date.

     Senator Mathewson, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Jeffrey D. Cawlfield, John H. Winter, M.D. and Terry L. Ware, as members of the Dam and Reservoir Safety Council;

     Also,

     Janet P. Handley, Ann D. Laird, Ed Kruse, Jacqueline Scott Hartman and John L. Ditto, Jr., M.D., as members of the Board of Examiners for Hearing Instrument Specialists;

     Also,

     Joseph L. Driskill, Palmer R. "Nick" Nichols II, Stephen M. Poort, Daniel J. "Duke" McVey and Milton J. Bischof, Jr., as members of the Missouri Training and Employment Council;

     Also,

     Dorothy (Dottie) Ann Phelps, as a public member and Linda Blake, as a member of the Real Estate Appraisers Commission;

     Also,

     Paul Lineberry, as a public member of the State Board of Nursing.

     Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred SB 479, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 was referred SB 837, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 789, begs leave to report that it has considered the same and recommends that the resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 19, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

     Amend Senate Concurrent Resolution No. 19, Page 120 of the Senate Journal for January 25, 1996, the last line of column 2, by striking the words "Joint Chief"; and further on page 121, line 1 of column 1, by striking "of Staff, United States Navy" and inserting in lieu thereof "Chief of Naval Operations".

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SJR 31, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Staples moved that HB 1047, with SCA 2, SSA 1 for SCA 2 (pending), and SCAs 3, 4 and 5, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SSA 1 for SCA 2 was again taken up.

     Senator Schneider offered SA 1 to SSA 1 for SCA 2:

     Amend Senate Substitute Amendment No. 1 for Senate Committee Amendment No. 2 to House Bill No. 1047, Line 4, by striking the word "sixty-five" and substitute the word "sixty".

     Senator Schneider moved that the above amendment be adopted.

     At the request of Senator Staples, HB 1047, with SCA 2, SSA 1 for SCA 2 and SA 1 to SSA 1 for SCA 2 (pending), and SCAs 3, 4 and 5, was placed on the Informal Calendar.

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HJR 40, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 12 of article IV of the Constitution of Missouri, relating to the executive department, and adopting two new sections in lieu thereof relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     President Pro Tem Mathewson submitted the following:

February 5, 1996

The Honorable James Mathewson

Senate Pro Tem

Capitol Building

Jefferson City, MO 65101

Dear Jim:

Please accept my resignation from the Missouri Health Facilities Review Committee effective immediately. The meeting today completed a full year of service on the committee and I believe this would be a good time to offer the opportunity to serve to another member of the Senate.

I have worked hard, done my best and am pleased with the opportunity to have served.

Sincerely yours,

/s/ Ted House

TED HOUSE

State Senator

     Senator Howard introduced to the Senate, Jack, Linda and James Krepps, Malden.

     Senator Staples introduced to the Senate, a group of citizens from Bonne Terre.

     Senator Howard introduced to the Senate, Kenneth Allen and Scott Perry, Bloomfield.

     Senator Lybyer introduced to the Senate, Justin Mutrux, and twenty-two eighth grade students from Raymondville R-VII School, Raymondville.

     Senator Rohrbach introduced to the Senate, Mandy Henson, Lake Ozark.

     Senator Graves introduced to the Senate, the Physician of the Day, Dr. James Humphrey, Mound City.

     Senator Sims introduced to the Senate, Jane Kerlagon, St. Louis Public Schools; Jayne Kasten, Pattonville School District; and ninety eighth grade students from Pattonville Holman Middle School, St. Louis County, and McKinley Classical Junior Academy, St. Louis; and Lily Manumaleuna and Julie Sapp were made honorary pages.

     On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, February 12, 1996.