The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Richard Cecil wrote, "To love to preach is one thing--to love those to whom we preach quite another." Lord, help us to love those for whom we serve, to minister to those in need, to protect those who are weak and to lift up those who are fallen. Grant us mercy, compassion and understanding as we seek to serve instead of being served. 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.

     

     Senator Mueller offered Senate Resolution No. 1379, regarding Mary Holekamp, which was adopted.

     Senator Staples offered Senate Resolution No. 1380, regarding the Fiftieth Anniversary of the Norman L. Rigdon VFW Post No. 5896, Farmington, which was adopted.

     Senator Staples offered Senate Resolution No. 1381, regarding the Ninetieth Birthday of Marie Jones, Eminence, which was adopted.

     Senator Singleton moved that SR 1326 be taken up for adoption, which motion prevailed.

     On motion of Senator Singleton, SR 1326 was adopted.

     President Pro Tem Mathewson referred HCR 13 to the Committee on Rules, Joint Rules and Resolutions.

     HB 1019--Appropriations.

     HCS for HB 1146, entitled:

     An Act to repeal sections 36.030, 36.031, 36.040, 36.050, 36.100, 36.110, 36.120, 36.140, 36.170, 36.180, 36.190, 36.210, 36.240, 36.250, 36.260, 36.280, 36.300, 36.320, 36.330, 36.360, 36.390 and 36.510, RSMo 1994, and section 36.020, RSMo Supp. 1995, relating to the state personnel law, and to enact in lieu thereof twenty-three new sections relating to the same subject.

     Was taken up by Senator Goode.

     Senator Lybyer requested unanimous consent of the Senate for the Committee on Appropriations to meet while the Senate is in session, which request was granted.

     Senator Ehlmann offered SA 1:

     Amend House Committee Substitute for House Bill No. 1146, Page 23, Section 36.510, Line 26, by inserting immediately after said line, the following:

     "Section 1. 1. Notwithstanding any law, executive order or rule to the contrary, neither the state nor any of its political subdivisions or agents shall use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the state's system of public employment, public education or public contracting unless the state or any of its political subdivisions or agents has proven by clear and convincing evidence that specific, pervasive and systematic discrimination has occurred in the past and will continue to occur in the future. In the event that specific, pervasive and systematic discrimination has occurred in the past and will continue to occur in the future, the state or any of its political subdivisions or agents may attempt to reduce said discrimination by designing and implementing a narrowly tailored remedial action that furthers a compelling government interest. The narrowly tailored remedial action shall clearly identify and articulate the specific, pervasive and systematic discrimination that has occurred in the past and will continue to occur in the future, the compelling government interest involved, and the need and basis for either discriminating against, or granting preferential treatment to, any individual or group of persons. All narrowly tailored remedial actions shall automatically become null and void after a necessary or interested party has proven by clear and convincing evidence that the specific, pervasive and systematic discrimination has been significantly reduced, or two years after implementation, whichever is sooner.

     2. Nothing in this section shall be interpreted as prohibiting state action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Curls raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill.

     President Pro Tem Mathewson ruled the point of order not well taken.

     SA 1 was again taken up.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Quick assumed the Chair.

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

     On motion of Senator Goode, HCS for HB 1146 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Bentley	Schneider--2
	Absent with leave--Senators--None

     The President declared the bill passed.

     On motion of Senator Goode, title to the bill was agreed to.

     Senator Goode moved that the vote by which the bill passed be reconsidered.

     Senator Banks moved that motion lay on the table, which motion prevailed.

     Senator Moseley moved that SB 609 be taken up for perfection, which motion prevailed.

     Senator Wiggins assumed the Chair.

     At the request of Senator Moseley, SB 609 was placed on the Informal Calendar.

     Senator Kinder moved that SB 895 be taken up for perfection, which motion prevailed.

     Senator Kinder offered SA 1, which was read:

Amend Senate Bill No. 895, Page 1, Section 451.020, Line 1, by inserting immediately after "451.020." the following: "1."; and further on line 15, by inserting immediately after said line, the following:

     "2. The state of Missouri is committed to fostering the institution of marriage between a man and a woman. To this end, the state of Missouri shall not recognize any marriage other than between a man and a woman.".

     Senator Kinder moved that the above amendment be adopted.

     At the request of Senator Kinder, SB 895, with SA 1 (pending), was placed on the Informal Calendar.

     The following messages were 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 Speaker has appointed the following conference committee, to act with a like committee from the Senate on SCS for HCS for HB 1010: Representatives Lumpe, Lakin, Carter, Donovan, Shields.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SCS for SB 657 and has taken up and passed CCS for HCS for SCS for SB 657.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HA 1, and Part 1 of HA 2, as amended, to SB 858 and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House recedes from its position on HA 2 to SB 578 and has taken up and passed SB 578, as amended.

     Bill ordered enrolled.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1010: Senators Lybyer, Wiggins, Goode, Russell and Melton.

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1020, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1013, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HB 1019, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 914, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 914; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Bill No. 914;

     2. That the attached Conference Committee Amendment No. 1, be adopted;

     3. That House Committee Substitute for Senate Bill No. 914, as amended by Conference Committee Amendment No. 1, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ed Quick       /s/ Bill Skaggs

/s/ Ronnie DePasco      /s/ Tom Hoppe

/s/ William Clay      /s/ Greg Canuteson

/s/ Irene Treppler      /s/ Bonnie Sue Cooper

/s/ David Klarich      /s/ Beth Long

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate bill No. 914, Page 2, Section 110.140, Line 4, by striking "[two]" and inserting in lieu thereof the following: "two or"; and further amend line 5, by striking "[two]" and inserting in lieu thereof the following: "two or"; and

     Further amend said bill, page 2, section 110.150, line 2, by inserting immediately after the word "every" the following: "second or".

     Senator Quick moved that the above conference committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Graves
House	Howard	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Mueller	Quick	Rohrbach
Russell	Scott	Sims	Singleton
Treppler	Westfall	Wiggins--27
	Nays--Senator Johnson--1
	Absent--Senators
Curls	Goode	Kenney	Moseley
Schneider	Staples--6
	Absent with leave--Senators--None

     On motion of Senator Quick, HCS for SB 914, as amended by the Conference Committee Report, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Graves	House
Howard	Johnson	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Mueller	Quick	Rohrbach
Russell	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators--None
	Absent--Senators
Curls	Flotron	Goode	Kenney
Moseley	Schneider--6
	Absent with leave--Senators--None

     The President declared the bill passed.

     On motion of Senator Quick, title to the bill was agreed to.

     Senator Quick moved that the vote by which the bill passed be reconsidered.

     Senator Banks moved that motion lay on the table, which motion prevailed.

     Senator Caskey moved that HCS for HBs 800, 812, 817 and 821, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SS for SCS for HCS for HBs 800, 812, 817 and 821 was again taken up.

     At the request of Senator Caskey, SS for SCS for HCS for HBs 800, 812, 817 and 821 was withdrawn.

     Senator Caskey offered SS No. 2 for SCS for HCS for HBs 800, 812, 817 and 821, entitled:

     An Act to repeal sections 195.017, 217.730, 317.001, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 542.276, 544.170, 546.680, 556.037, 562.021, 562.026, 569.170, 574.085, 575.010, 575.020, 575.030, 575.090, 595.025 and 595.045, RSMo 1994, sections 211.321, 549.525, 565.084 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof fifty-one new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

     Senator Caskey moved that SS No. 2 for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

     At the request of Senator Caskey, HCS for HBs 800, 812, 817 and 821, with SCS and SS No. 2 for SCS (pending), was placed on the Informal Calendar.

     On motion of Senator Banks, the Senate recessed until 2:30 p.m.

     The time of recess having expired, the Senate was called to order by Senator Staples.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SB 858, as amended: Senators Banks, Wiggins, Singleton, Moseley and Sims.

     Senator Kinder moved that SB 895, with SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 1 was again taken up.

     Senator Moseley offered SSA 1 for SA 1, which was read:

     Amend Senate Bill No. 895, Page 1, Section 451.020, Line 1, by inserting immediately after "451.020." the following: "1."; and further on line 15, by inserting immediately after said line, the following:

     "2. The state of Missouri shall not recognize any marriage other than between a man and a woman.".

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

     SA 1 was again taken up.

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

     Senator Kinder moved that SB 895, as amended, be declared perfected and ordered printed, and requested a roll call vote be taken. He was joined in his request by Senators House, Mueller, Russell and Westfall.

     SB 895, as amended, was declared perfected and ordered printed by the following vote:

	Yeas--Senators
Bentley	Caskey	DePasco	Ehlmann
Flotron	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--29
	Nays--Senators
Banks	Goode	Moseley--3
	Absent--Senators
Clay	Curls--2
	Absent with leave--Senators--None

     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 SCS for SB 677; HCS for SCS No. 2 for SB 860; and HCS for SS for SCS for SB 494, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

     HS for HCS for HBs 1301 and 1298, with SCS, introduced by Representative McLuckie, entitled:

     An Act to repeal sections 162.680 and 195.214, RSMo 1994, and sections 160.261, 167.161, and 167.171, RSMo Supp. 1995, and to enact in lieu thereof thirteen new sections for the purpose of providing safer schools, with penalty provisions.

     Was called from the Informal Calendar and taken up by Senator Moseley.

     SCS for HS for HCS for HBs 1301 and 1298, entitled:

     An Act to repeal sections 162.680, 195.214, 574.085, 575.090, 575.093, 575.096, RSMo 1994, and sections 160.261, 167.161, and 167.171, RSMo Supp. 1995, and to enact in lieu thereof nineteen new sections for the purpose of providing safer schools, with penalty provisions.

     Was taken up.

     Senator Moseley moved that SCS for HS for HCS for HBs 1301 and 1298 be adopted.

     Senator Moseley offered SA 1:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 14, Section 574.085, Lines 15-16, by striking the following: "or operated by a school district or a private school or under lease or" and inserting in lieu thereof the following: ", operated, leased or under".

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

     Senator Howard assumed the Chair.

     Senator Moseley offered SA 2:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 10, Section 167.020, Line 75, by inserting immediately after the word "district" the following:

     "or juvenile or family court".

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

     Senator Moseley offered SA 3:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 15, Section 1, Lines 4-5, by striking the following: "an indictment or information is filed or"; and

     Further amend said section, page 16, line 30, by striking "prior to the return of the pupil to school" and inserting in lieu thereof the following: "no later than five days following the filing of the petition"; and further amend lines 31-32 by striking ", prior to the return of the pupil to school" from said lines.

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

     Senator Moseley offered SA 4:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 21, Section 7, Line 6, by inserting immediately after the word "act" the following: "unless the petition regarding the act was dismissed or the pupil has been acquitted or adjudicated not to have committed the act".

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

     Senator Flotron offered SA 5:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 22, Section 9, Line 34, by inserting immediately after said line the following:

     "Section 10. Each school board in the state, if the school district does not presently have a program as described below, shall vote every two years whether to develop and implement a program to train the students of the district in the administration of cardiopulmonary resuscitation and other lifesaving methods. The board may develop and implement the program as they determine best, and may consult the department of public safety, the state fire marshall's office, the local fire protection authorities, and others as the board sees fit. The board may make completion of the program a requirement for graduation."; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 6:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Lines 78-81, by deleting all of said lines and inserting in lieu thereof the following:

     "4. If a pupil is attempting to enroll in a school district during a suspension or expulsion from another school district, a conference with the superintendent or the superintendent's designee may be held at the request of the parent, court appointed legal guardian, someone acting as a parent as defined by rule in the case of a special education student, or the pupil to consider if the conduct of the pupil would have resulted in a suspension or expulsion in the district in which the pupil is enrolling. Upon a determination by the superintendent or the superintendent's designee that such conduct would have resulted in a suspension or expulsion in the district in which the pupil is enrolling or attempting to enroll, the school district may make such suspension or expulsion from another district effective in the district in which the pupil is enrolling or attempting to enroll. Upon a determination by the superintendent or the superintendent's designee that such conduct would not have resulted in a suspension or expulsion in the district in which the student is enrolling or attempting to enroll, the school district shall not make such suspension or expulsion effective in its district in which the student is enrolling or attempting to enroll.".

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

     Senator House offered SA 7:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 9, Section 167.020, Line 70, by inserting immediately after "RSMo," the following: "and except as required for compliance with federal regulation or statute,"; and

     Further amend said bill and section, page 10, line 78, by striking the following: "Any person found to have knowingly"; and further amend lines 79-81, by striking all of said lines; and further amend line 82, by striking "costs and damages." from said line.

     Senator House moved that the above amendment be adopted.

     Senator Melton offered SSA 1 for SA 7:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 10, Section 167.020, Lines 81 and 82, by deleting the following: "attorney fees, litigation costs and".

     Senator Melton moved that the above substitute amendment be adopted.

     Senator House raised the point of order that SSA 1 for SA 7 is out of order in that the amendment is not a true substitute amendment.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     SSA 1 for SA 7 was again taken up.

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

     Senator Caskey offered SA 8, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Lines 82-89, by striking all of said lines.

     Senator Caskey moved that the above amendment be adopted.

     At the request of Senator Caskey, SA 8 was withdrawn.

     Senator Ehlmann offered SA 9:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Lines 82-89, by deleting said lines; and

     Further amend said bill, page 19, Section 6, lines 1 through 49 by striking all of said lines and inserting in lieu thereof the following:

     "Section 6. School districts may pursue regional approaches to alternative education where warranted.".

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

     Senator Ehlmann offered SA 10:

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1301 and 1298, Page 21, Section 6, Line 49, by inserting immediately after said line, the following:

     "3. Pursuant to the same processes, criteria and preferences established under subsection 1 of this section, the department shall establish a program to award grants to school districts that apply for assistance in providing alternatives to alternative educational opportunities for students whose demonstrated disruptive behavior indicates that they cannot be adequately served in an alternative educational setting.".

     Senator Ehlmann moved that the above amendment be adopted.

     At the request of Senator Ehlmann, SA 10 was withdrawn.

     Having voted on the prevailing side, Senator Ehlmann moved that the vote by which SA 9 was adopted be reconsidered, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Sims	Singleton
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators
Curls	Scott	Staples--3
	Absent with leave--Senators--None

     SA 9 was again taken up.

     At the request of Senator Ehlmann, SA 9 was withdrawn.

     Senator Caskey offered SA 11, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Lines 82-89, by striking all of said lines.

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Westfall offered SA 12:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 20, Section 6, Line 29, by striking the semicolon ";" on said line and inserting in lieu thereof a period "."; and

     Further amend said section, lines 30-37, by striking all of said lines.

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

     At the request of Senator Moseley, HS for HCS for HBs 1301 and 1298, with SCS, as amended (pending), was placed on the Informal Calendar.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred corrected SS for SCS for SB 507, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

     Senator Moseley moved that HS for HCS for HBs 1301 and 1298, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Moseley offered SA 13:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Line 63, by striking all of said line immediately after "(c)"; and

     Further amend said section, line 64, by striking the "(d)" and relettering accordingly; and

     Further amend said section, line 68, by striking all of said line and relettering accordingly; and

     Further amend said section, line 70, by striking "; or" and inserting in lieu thereof a period "."; and

     Further amend said section, line 71, by striking all of said line.

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

     Senator Klarich offered SA 14:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 7, Section 162.680, Line 16, by inserting immediately after said line the following:

     "Section 1. 1. Any board of education of any school district may permit the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illnesses provided that:

     (1) The parents or guardians of the pupil provide to the board of education written authorization for the self- administration of medication and a written medical history of the pupil's experience with the potentially life-threatening respiratory illness and a plan of action for addressing any emergency situations that could reasonably be anticipated as a consequence of administering the medication and having the potentially life-threatening respiratory illness;

     (2) The parents or guardians of the pupil provide to the board of education written certification from the physician of the pupil that the pupil has asthma or another potentially life-threatening respiratory illness and is capable of, and has been instructed in, the proper method of self-administration of medication and informed of the dangers of permitting other persons to use medicine prescribed for the pupil;

     (3) The board informs the parents or guardians of the pupil in writing that the district and its employees or agents shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil or as a result of providing all relevant information provided pursuant to subdivisions (1) and (2) of this subsection with the school nurse, or in the absence of such nurse, to the school administrator;

     (4) The parents or guardians of the pupil sign a statement acknowledging that the district shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents against any claims arising out of the self-administration of medication by the pupil; and

     (5) The permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements of subdivisions (1) through (4) of this subsection.

     2. No school district shall be civilly or criminally liable as a result of actions taken pursuant to this section.

     3. Nothing in this section shall be construed to prevent a school district from requiring pupils to maintain current duplicate prescription medications with the school nurse or in the absence of such nurse, the school administrator.

     4. The state board of education shall promulgate such rules and regulations as it deems necessary to effectuate the purposes of this section.

     5. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

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

     Senator Howard resumed the Chair.

     Senator Klarich offered SA 15:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House - Bills Nos. 1301 and 1298, Page 10, Section 167.020, Line 78, by inserting immediately after the word "older" the following: ", and no personally identifiable student records shall be made available until after the parent, guardian or the student, if eighteen years of age or older, has been notified and provided a period of least three working days within which to view the records to be made available".

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

     Senator McKenna offered SA 16:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Line 89 of said page, by inserting immediately after said line the following:

     "195.017. 1. The department of health shall place a substance in Schedule I if it finds that the substance:

     (1) Has high potential for abuse; and

     (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

     2. Schedule I:

     (1) The controlled substances listed in this subsection are included in Schedule I;

     (2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

     (a) Acetyl-alpha-methylfentanyl;

     (b) Acetylmethadol;

     (c) Allylprodine;

     (d) Alphacetylmethadol;

     (e) Alphameprodine;

     (f) Alphamethadol;

     (g) Alpha-methylfentanyl;

     (h) Alpha-methylthiofentanyl;

     (i) Benzethidine;

     (j) Betacetylmethadol;

     (k) Beta-hydroxyfentanyl;

     (l) Beta-hydroxy-3-methylfentanyl;

     (m) Betameprodine;

     (n) Betamethadol;

     (o) Betaprodine;

     (p) Clonitazene;

     (q) Dextromoramide;

     (r) Diampromide;

     (s) Diethylthiambutene;

     (t) Difenoxin;

     (u) Dimenoxadol;

     (v) Dimepheptanol;

     (w) Dimethylthiambutene;

     (x) Dioxaphetyl butyrate;

     (y) Dipipanone;

     (z) Ethylmethylthiambutene;

     (aa) Etonitazene;

     (bb) Etoxeridine;

     (cc) Furethidine;

     (dd) Hydroxypethidine;

     (ee) Ketobemidone;

     (ff) Levomoramide;

     (gg) Levophenacylmorphan;

     (hh) 3-Methylfentanyl;

     (ii) 3-Methylthiofentanyl;

     (jj) Morpheridine;

     (kk) MPPP;

     (ll) Noracymethadol;

     (mm) Norlevorphanol;

     (nn) Normethadone;

     (oo) Norpipanone;

     (pp) Para-fluorofentanyl;

     (qq) PEPAP;

     (rr) Phenadoxone;

     (ss) Phenampromide;

     (tt) Phenomorphan;

     (uu) Phenoperidine;

     (vv) Piritramide;

     (ww) Proheptazine;

     (xx) Properidine;

     (yy) Propiram;

     (zz) Racemoramide;

     (aaa) Thiofentanyl;

     (bbb) Tilidine;

     (ccc) Trimeperidine;

     (3) Any of the following opium derivatives, their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

     (a) Acetorphine;

     (b) Acetyldihydrocodeine;

     (c) Benzylmorphine;

     (d) Codeine methylbromide;

     (e) Codeine-N-Oxide;

     (f) Cyprenorphine;

     (g) Desomorphine;

     (h) Dihydromorphine;

     (i) Drotebanol;

     (j) Etorphine; (except Hydrochloride Salt);

     (k) Heroin;

     (l) Hydromorphinol;

     (m) Methyldesorphine;

     (n) Methyldihydromorphine;

     (o) Morphine methylbromide;

     (p) Morphine methylsulfonate;

     (q) Morphine-N-Oxide;

     (r) Myrophine;

     (s) Nicocodeine;

     (t) Nicomorphine;

     (u) Normorphine;

     (v) Pholcodine;

     (w) Thebacon;

     (4) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

     (a) 4-bromo-2,5-dimethoxyamphetamine;

     (b) 2,5-dimethoxyamphetamine;

     (c) 2,5-dimethoxy-4-ethylamphetamine;

     (d) 4-methoxyamphetamine;

     (e) 5-methoxy-3,4-methylenedioxyampheta-mine;

     (f) 4-methyl-2,5-dimethoxy amphetamine;

     (g) 3,4-methylenedioxyamphetamine;

     (h) 3,4-methylenedioxymethamphetamine;

     (i) 3,4-methylenedioxy-N-ethylamphetamine;

     (j) N-nydroxy-3, 4-methylenedioxyampheta-mine;

     (k) 3,4,5-trimethoxyamphetamine;

     (l) Bufotenine;

     (m) Diethyltryptamine;

     (n) Dimethyltryptamine;

     (o) Ibogaine;

     (p) Lysergic acid diethylamide;

     (q) Marijuana; (Marihuana;)

     (r) Mescaline;

     (s) Parahexyl;

     (t) Peyote, to include all parts of the plant presently classified botanically as Lophophora Williamsil Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or extracts;

     (u) N-ethyl-3-piperidyl benzilate;

     (v) N-methyl-3-piperidyl benzilate;

     (w) Psilocybin;

     (x) Psilocyn;

     (y) Tetrahydrocannabinols;

     (z) Ethylamine analog of phencyclidine;

     (aa) Pyrrolidine analog of phencyclidine;

     (bb) Thiophene analog of phencyclidine;

     (cc) 1-(1-(2-thienyl)cyclohexyl) pyrrolidine;

     (5) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

     (a) Mecloqualone;

     (b) Methaqualone;

     (6) Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:

     (a) Cathinone;

     (b) Fenethylline;

     (c) (+)cis-4-methylaminorex ((+)cis-4,5--dihydro-4-methyl-5-phenyl-2-oxazolamine);

     (d) N-ethylamphetamine;

     (e) N,N-dimethylamphetamine;

     (7) A temporary listing of substances subject to emergency scheduling under federal law shall include any material, compound, mixture or preparation which contains any quantity of the following substances:

     (a) N-(1-benzyl-4-piperidyl)-N-phenyl-propanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;

     (b) N-(1-(2-thienyl) methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers;

     (c) Methcathinone, which may also be known as: 2-methylamino-1-phenylpropan 1-one; ephedrone; monomethylpropion UR 1431, its salts, optical isomers and salts of optical isomers;

     (d) Aminorex, which may also be known as: aminoxaphen, 2-amino-5-phenyl-2-oxazoline or 4,5-dihydro-5-phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers;

     (e) Alphaethyltryptamine, its optical isomers, salts and salts of isomers, which may also be known as: etryptamine; Alphaethyl-1 H-indole-3-ethanamine; 3-(2-aminobutyl) indole.

     3. The department of health shall place a substance in Schedule II if it finds that:

     (1) The substance has high potential for abuse;

     (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

     (3) The abuse of the substance may lead to severe psychic or physical dependence.

     4. The controlled substances listed in this subsection are included in Schedule II:

     (1) Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

     (a) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone, and their respective salts but including the following:

     a. Raw opium;

     b. Opium extracts;

     c. Opium fluid;

     d. Powdered opium;

     e. Granulated opium;

     f. Tincture of opium;

     g. Codeine;

     h. Ethylmorphine;

     i. Etorphine hydrochloride;

     j. Hydrocodone;

     k. Hydromorphone;

     l. Metopon;

     m. Morphine;

     n. Oxycodone;

     o. Oxymorphone;

     p. Thebaine;

     (b) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in this subdivision, but not including the isoquinoline alkaloids of opium;

     (c) Opium poppy and poppy straw;

     (d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

     (e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy);

     (2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

     (a) Alfentanil;

     (b) Alphaprodine;

     (c) Anileridine;

     (d) Bezitramide;

     (e) Bulk Dextropropoxyphene;

     (f) Carfentanil;

     (g) Butyl nitrite;

     (h) Dihydrocodeine;

     (i) Diphenoxylate;

     (j) Fentanyl;

     (k) Isomethadone;

     (l) Levo-alphacetylmethadol;

     (m) Levomethorphan;

     (n) Levorphanol;

     (o) Metazocine;

     (p) Methadone;

     (q) Meperidine;

     (r) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;

     (s) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

     (t) Pethidine;

     (u) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

     (v) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

     (w) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid;

     (x) Phenazocine;

     (y) Piminodine;

     (z) Racemethorphan;

     (aa) Racemorphan;

     (bb) Sulfentanil;

     (3) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

     (a) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

     (b) Methamphetamine, its salts, isomers, and salts of its isomers;

     (c) Phenmetrazine and its salts;

     (d) Methylphenidate;

     (4) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

     (a) Amobarbital;

     (b) Glutethimide;

     (c) Pentobarbital;

     (d) Phencyclidine;

     (e) Secobarbital;

     (5) Any material, compound or compound which contains any quantity of the following substances:

     (a) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product;

     (b) Nabilone;

     (6) Any material, compound, mixture, or preparation which contains any quantity of the following substances:

     (a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone;

     (b) Immediate precursors to phencyclidine (PCP):

     a. 1-phenylcyclohexylamine;

     b. 1-piperidinocyclohexanecarbonitrile (PCC).

     5. The department of health shall place a substance in Schedule III if it finds that:

     (1) The substance has a potential for abuse less than the substances listed in Schedules I and II;

     (2) The substance has currently accepted medical use in treatment in the United States; and

     (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

     6. The controlled substances listed in this subsection are included in Schedule III:

     (1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

     (a) Benzphetamine;

     (b) Chlorphentermine;

     (c) Clortermine;

     (d) Phendimetrazine;

     (2) Any material, compound, mixture or preparation which contains any quantity or salt of the following substances or salts having a depressant effect on the central nervous system:

     (a) Any material, compound, mixture or preparation which contains any quantity or salt of the following substances combined with one or more active medicinal ingredients:

     a. Amobarbital;

     b. Secobarbital;

     c. Pentobarbital;

     (b) Any suppository dosage form containing any quantity or salt of the following:

     a. Amobarbital;

     b. Secobarbital;

     c. Pentobarbital;

     (c) Any substance which contains any quantity of a derivative of barbituric acid or its salt;

     (d) Chlorhexadol;

     (e) Lysergic acid;

     (f) Lysergic acid amide;

     (g) Methyprylon;

     (h) Sulfondiethylmethane;

     (i) Sulfonethylmethane;

     (j) Sulfonmethane;

     (k) Tiletamine and zolazepam or any salt thereof;

     (3) Nalorphine;

     (4) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or their salts:

     (a) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

     (b) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (c) Not more than three hundred milligrams of dihydrocodeinone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

     (d) Not more than three hundred milligrams of dihydrocodeinone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

     (e) Not more than 1.8 grams of dihydrocodeine per one hundred milliliters or more than ninety milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

     (f) Not more than three hundred milligrams of ethylmorphine per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (g) Not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams or not more than twenty-five milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

     (h) Not more than fifty milligrams of morphine per one hundred milliliters or per one hundred grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (5) Anabolic steroids. Unless specially excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts of isomers is possible within the specific chemical designation:

     (a) Boldenone;

     (b) Chlorotestosterone (4-Chlortestosterone);

     (c) Clostebol;

     (d) Dehydrochlormethyltestosterone;

     (e) Dihydrostestosterone (4-Dihydrotestosterone);

     (f) Drostanolone;

     (g) Ethylestrenol;

     (h) Fluoxymesterone;

     (i) Formebulone (Formebolone);

     (j) Mesterolone;

     (k) Methandienone;

     (l) Methandranone;

     (m) Methandriol;

     (n) Methandrostenolone;

     (o) Methenolone;

     (p) Methyltestosterone;

     (q) Mibolerone;

     (r) Nandrolone;

     (s) Norethandrolone;

     (t) Oxandrolone;

     (u) Oxymesterone;

     (v) Oxymetholone;

     (w) Stanolone;

     (x) Stanozolol;

     (y) Testolactone;

     (z) Testosterone;

     (aa) Trenbolone;

     (bb) Any salt, ester, or isomer of a drug or substance described or listed in this subdivision, if that salt, ester or isomer promotes muscle growth except an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the secretary of health and human services for that administration.

     (6) The department of health may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subdivisions (1) and (2) of this subsection from the application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

     7. The department of health shall place a substance in Schedule IV if it finds that:

     (1) The substance has a low potential for abuse relative to substances in Schedule III;

     (2) The substance has currently accepted medical use in treatment in the United States; and

     (3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

     8. The controlled substances listed in this subsection are included in Schedule IV:

     (1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

     (a) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;

     (b) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane);

     (c) Any of the following limited quantities of narcotic drugs or their salts, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

     a. Not more than two hundred milligrams of codeine per one hundred milliliters or per one hundred grams;

     b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per one hundred grams;

     c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters or per one hundred grams;

     (2) Any material, compound, mixture or preparation containing any quantity of the following substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

     (a) Alprazolam;

     (b) Barbital;

     (c) Bromazepam;

     (d) Camazepam;

     (e) Chloral betaine;

     (f) Chloral hydrate;

     (g) Chlordiazepoxide;

     (h) Clobazam;

     (i) Clonazepam;

     (j) Clorazepate;

     (k) Clotiazepam;

     (l) Cloxazolam;

     (m) Delorazepam;

     (n) Diazepam;

     (o) Estazolam;

     (p) Ethchlorvynol;

     (q) Ethinamate;

     (r) Ethyl loflazepate;

     (s) Fludiazepam;

     (t) Flunitrazepam;

     (u) Flurazepam;

     (v) Halazepam;

     (w) Haloxazolam;

     (x) Ketazolam;

     (y) Loprazolam;

     (z) Lorazepam;

     (aa) Lormetazepam;

     (bb) Mebutamate;

     (cc) Medazepam;

     (dd) Meprobamate;

     (ee) Methohexital;

     (ff) Methylphenobarbital;

     (gg) Midazolam;

     (hh) Nimetazepam;

     (ii) Nitrazepam;

     (jj) Nordiazepam;

     (kk) Oxazepam;

     (ll) Oxazolam;

     (mm) Paraldehyde;

     (nn) Petrichloral;

     (oo) Phenobarbital;

     (pp) Pinazepam;

     (qq) Prazepam;

     (rr) Quazepam;

     (ss) Temazepam;

     (tt) Tetrazepam;

     (uu) Triazolam;

     (vv) Zolpidem;

     (3) Any material, compound, mixture, or preparation which contains any quantity of the following substance including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible: fenfluramine;

     (4) Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:

     (a) Cathine ((+)-norpseudoephedrine);

     (b) Diethylpropion;

     (c) Fencamfamin;

     (d) Fenproporex;

     (e) Mazindol;

     (f) Mefenorex;

     (g) Pemoline, including organometallic complexes and chelates thereof;

     (h) Phentermine;

     (i) Pipradrol;

     (j) SPA ((-)-1-dimethyamino-1,2-diphenylethane);

     (5) Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts: pentazocine;

     (6) Any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system including their salts, isomers and salts of isomers: ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or salts of optical isomers and therapeutically insignificant quantities of another active medicinal ingredient;

     (7) The department of health may except by rule any compound, mixture, or preparation containing any depressant substance listed in subdivision (1) of this subsection from the application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

     9. The department of health shall place a substance in Schedule V if it finds that:

     (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

     (2) The substance has currently accepted medical use in treatment in the United States; and

     (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

     10. The controlled substances listed in this subsection are included in Schedule V:

     (1) Any material, compound, mixture or preparation containing any of the following narcotic drug and its salts: buprenorphine;

     (2) Any compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

     (a) Not more than two and five-tenths milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit;

     (b) Not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams;

     (c) Not more than five-tenths milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;

     (3) Any material, compound, mixture or preparation which contains any quantity of the following substance having a stimulant effect on the central nervous system including its salts, isomers and salts of isomers: pyrovalerone.

     11. The department of health shall revise and republish the schedules annually.

     195.246. 1. It is unlawful for any person to possess ephedrine, its salts, optical isomers and salts of optical isomers or pseudoephedrine, its salts, optical isomers and salts of optical isomers with the intent to manufacture methamphetamine or any of its analogs.

     2. A person who violates this section is guilty of a class D felony.

     195.248. 1. It is unlawful for any person to market, sell, distribute, advertise or label any drug product containing ephedrine, its salts, optical isomers and salts of optical isomers, or pseudoephedrine, its salts, optical isomers and salts of optical isomers, for indication of stimulation, mental alertness, weight loss, appetite control, energy or other indications not approved pursuant to the pertinent federal over-the-counter drug Final Monograph or Tentative Final Monograph or approved new drug application.

     2. A person who violates this section is guilty of a class D felony."; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 17:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 9, Section 167.020, Line 70, by inserting immediately after "RSMo," the following: "and except as required for compliance with federal regulation or statute,"; and

     Further amend said bill and section, page 10, lines 78 and 79 by deleting said lines and inserting in lieu thereof the following: "eighteen years of age or older. Any person found to have knowingly violated the confidentiality provisions of this subsection is guilty of a class B misdemeanor. Whenever".

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

     Senator Caskey offered SA 18:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Pages 21-22, Section 9, Lines 1-34, by deleting all of said section from the bill; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the above amendment be adopted.

     Senator Rohrbach requested to be recognized.

     Senator Ehlmann was recognized to interrogate Senator Caskey.

     Senator Ehlmann sought recognition to offer a substitute amendment.

     Senator Caskey stated that he still had the floor and proceeded to offer SSA 1 for SA 18.

     Senator Rohrbach raised the point of order that Senator Caskey was out of order in offering the substitute amendment because Senator Ehlmann had the floor, not Senator Caskey.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     Senator Caskey offered SSA 1 for SA 18, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 21, Section 9, Line 1, by striking "1." from said line; and

     Further amend said section, page 22, lines 6-34, by striking all of said lines.

     Senator Caskey moved that the above substitute amendment be adopted.

     Senator Ehlmann raised the point of order that SSA 1 for SA 18 is out of order in that the amendment is not a true substitute.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     At the request of Senator Moseley, HS for HCS for HBs 1301 and 1298, with SCS, SA 18 and SSA 1 for SA 18 (pending), was placed on the Informal Calendar.

     The following messages were 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 Speaker has appointed the following conference committee, to act with a like committee from the Senate on SB 858, as amended: Representatives Carter, Rizzo, Hosmer, Whiteside, Kauffman.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House grants the Senate a further conference on SCS for HCS for HB 1010 as amended and that the conferees be allowed to exceed the differences and the conferees be instructed to add the term "From General Revenue Fund. . . ." in CCR No. 1 for SCS for HCS for HB 1010 on page 35, lines 11 and 14.

     The following message was received from the Governor, reading of which was waived:

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 522 entitled:

To repeal section 302.272, RSMo 1994, relating to school bus operator permits, and to enact in lieu thereof one new section relating to the same subject.

This bill removes the restriction that prohibits persons 70 years old and over from obtaining a school bus operator's permit. I support removing the maximum age restriction; however I object to its removal without an appropriate provision for annual examination of the qualifications of school bus operators who are 70 years old and over. An annual examination is necessary to protect the safety of the public.

For the above and foregoing reasons, Senate Bill No. 522 is returned and not approved.

     President Pro Tem Mathewson resumed the Chair.

     The President Pro Tem announced that all other business would be suspended and corrected SS for SCS for SB 507; HCS for SS for SCS for SB 494; HCS for SCS No. 2 for SB 860 and SCS for SB 677, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     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 HJR 57, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred HS for HB 839, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Singleton offered Senate Resolution No. 1382, regarding the Joplin High School Marching Eagles Band, which was adopted.

     Senator Mueller offered Senate Resolution No. 1383, regarding Mr. Donald F. Cairns, which was adopted.

     Senator Kenney offered Senate Resolution No. 1384, regarding Sean Phillip Williams, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 1385, regarding eight students of the Lee's Summit High School Mock Trial Team, which was adopted.

     The following messages were received from the Governor, reading of which was waived:

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 484 entitled:

To repeal section 206.090, RSMo 1994, relating to certain hospital districts, and to enact in lieu thereof one new section relating to the same subject.

On May 8, 1996, I approved said Senate Bill No. 484.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 497 entitled:

Relating to planning and zoning in certain counties with a lake with one hundred ten miles of shoreline.

On May 8, 1996, I approved said Senate Bill No. 497.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 582 entitled:

To repeal sections 209.150 and 304.080, RSMo 1994, relating to certain persons with disabilities, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

On May 8, 1996, I approved said Senate Bill No. 582.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 806 entitled:

To repeal section 58.700, RSMo 1994, relating to county coroners and medical examiners, and to enact in lieu thereof one new section relating to the same subject.

On May 8, 1996, I approved said Senate Bill No. 806.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 720 entitled:

To repeal section 536.050, RSMo 1994, relating to administrative actions, and to enact one new section relating to the same subject.

On May 8, 1996, I approved said Senate Bill No. 720.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you House Committee Substitute for Senate Bill No. 870 entitled:

To authorize the conveyance of certain lands by the department of highways and transportation and the department of natural resources in Shannon County and in Jefferson County, with an emergency clause for one section.

On May 8, 1996, I approved said House Committee Substitute for Senate Bill No. 870.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 896 entitled:

To repeal sections 375.700 and 375.1218, RSMo 1994, relating to the distribution of assets of dissolved insurers, and to enact in lieu thereof two new sections relating to the same subject.

On May 8, 1996, I approved said Senate Committee Substitute for Senate Bill No. 896.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 916 entitled:

To repeal section 197.254, RSMo 1994, relating to hospice facilities, and to enact in lieu thereof one new section relating to the same subject.

On May 8, 1996, I approved said Senate Committee Substitute for Senate Bill No. 916.

     Also,

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 945 entitled:

To repeal section 70.220, RSMo 1994, relating to cooperation between political subdivisions of the state, and to enact one new section relating to the same subject.

On May 8, 1996, I approved said Senate Bill No. 945.

     Senator Mathewson introduced to the Senate, the Physician of the Day, Dr. Doug Smith, M.D., and his son, Brett, Higginsville.

     Senator Wiggins introduced to the Senate, John, Connie and Gina Campbell, Kansas City; and Gina was made an honorary page.

     Senator Sims introduced to the Senate, Mary Jo Barrett and fourteen eighth grade students from St. Mary's Elementary School, Bridgeton; and Sean Gilbert, Chris Files, Bekah DePyper and Jaclyn Avenevol were made honorary pages.

     Senator Howard introduced to the Senate, Jana Poteet, Norma Smith and Cindy Berry, Poplar Bluff.

     Senator Schneider introduced to the Senate, Kaye, Craig, Ted and Jill Geerling, St. Louis County.

     Senator Schneider introduced to the Senate, former State Representative Fred Brummels' wife, Mary Brummels, and their grandchildren, St. Louis County.

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