J o u r n a l   o f   t h e   S e n a t e


                                   FOURTH DAY
                                    --------


                                                 SENATE CHAMBER, TOPEKA,
     KANSAS
                                          Thursday, January 16, 1997--2:30
     p.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with thirty-nine senators present.
  Senator Harris was excused.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
   We may be old, we may be young,
   We may be baby boomers,
   But one thing sure that we all need
   Is a healthy sense of humor!
   Of all the blessings You bestow
   Upon us politicians,
   A sense of humor does the most
   To improve our disposition.
   There'll come a time when colleagues whine
   And get underneath our skin.
   That is the time our sense of humor
   Turns a scowl into a grin.
   When problems get so numerous
   That joy seems out of style,
   That's when a sense of humor
   Will surprise us with a smile.
   When we become the target of
   A lot of nasty rumors,
   It's then we find the power of
   A healthy sense of humor.
   We believe a sense of humor, Lord,
   Is a gift that comes from You . . .
   From the way we humans look and act,
   We're sure You have one, too!
   I pray in the Name of Christ,
   AMEN
   INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
     The following bills were introduced and read by title:
     SB 35, by Committee on Education: An act establishing the Kansas
   school board development program.
     SB 36, by Committee on Education: An act concerning school
   districts; relating to the duration of short-term suspensions of pupils
   from school; amending K.S.A. 1996 Supp. 728902 and repealing the existing
   section.
     SB 37, by Committee on Education: An act concerning boards of
   education of school districts; conferring the power of local control
   thereon; imposing limitations; amending K.S.A. 72-8205 and repealing the
   existing section.
     SB 38, by Committee on Education: An act concerning schools;
   relating to the compulsory attendance age of children; amending K.S.A.
   72-1111, as amended by section 121 of chapter 229 of the 1996 Session Laws
   of Kansas, and K.S.A. 1995 Supp. 72-1113, as amended by section 122 of
   chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing
   sections; also repealing K.S.A. 72-1111 and K.S.A. 1996 Supp. 72-1113.
     SB  39, by Committee on Elections and Local Government: An act
   concerning election campaign finance; concerning contributions; amending
   K.S.A. 25-4153 and repealing the existing section.
     SB 40, by Committee on Assessment and Taxation: An act amending
   the homestead property tax refund act; amending K.S.A. 79-4505 and 79-4508
   and K.S.A. 1996 Supp. 794502 and repealing the existing sections; also
   repealing K.S.A. 79-4520.
     SB 41, by Committee on Assessment and Taxation: An act relating to
   income taxation; providing a credit therefrom for certain adoption
   expenses.
     SB 42, by Committee on Assessment and Taxation: An act relating to
   sales taxation; concerning refunds on certain sales of food; amending
   K.S.A. 79-3634 and 79-3635 and repealing the existing sections.
     SB 43, by Committee on Ways and Means: An act making and
   concerning appropriations for the fiscal year ending June 30, 1997, for
   the department of wildlife and parks; authorizing certain transfers,
   imposing certain restrictions and limitations, and directing or
   authorizing certain receipts and disbursements and acts incidental to the
   foregoing.
     SB 44, by Senators Ranson, Becker, Bleeker, Bond, Brownlee, Clark,
   Corbin, Emert, Hardenburger, Harrington, Harris, Jordan, Kerr, Langworthy,
   Lawrence, Morris, Oleen, Praeger, Salisbury, Salmans, Schraad, Steffes,
   Tyson, Umbarger and Vidricksen: An act relating to sales taxation;
   concerning the exemption of certain labor services used in conjunction
   with the remodeling of certain buildings and facilities; amending K.S.A.
   1996 Supp. 79-3603 and repealing the existing section.
     SB 45, by Committee on Financial Institutions and Insurance: An
   act relating to credit unions; determining a quorum for meetings;
   concerning loans to directors; amending K.S.A. 17-2207 and 17-2216a and
   repealing the existing sections.
     SB 46, by Committee on Financial Institutions and Insurance: An
   act relating to credit unions; concerning foreign credit unions; amending
   K.S.A. 17-2223a and repealing the existing section.
     SB 47, by Committee on Financial Institutions and Insurance: An
   act concerning longterm care insurance; affecting the definition of
   preexisting condition; amending K.S.A. 402228 and repealing the existing
   section.
     SB 48, by Committee on Financial Institutions and Insurance: An
   act concerning property insurance; cancellation or decision to deny
   renewal of coverage.
     SB 49, by Committee on Financial Institutions and Insurance: An
   act concerning annual reports to the governor by the commissioner of
   insurance; amending K.S.A. 40-108 and repealing the existing section.
     SB 50, by Joint Committee on Children and Families: An act
   concerning the legislature; relating to the joint committee on children
   and families; duties; sunset; amending K.S.A. 46-2002 and 46-2003 and
   repealing the existing sections.
     SB 51, by Committee on Assessment and Taxation: An act relating to
   income taxation; providing a credit therefrom for a portion of property
   tax levied against commercial and industrial machinery and equipment.
     SB 52, by Committee on Assessment and Taxation: An act relating to
   sales taxation; exempting certain labor services associated with the
   remodeling of buildings and facilities therefrom; amending K.S.A. 1996
   Supp. 79-3603 and repealing the existing section.
     SB 53, by Committee on Assessment and Taxation: An act relating to
   income taxation; concerning rates of single-individual taxpayers; amending
   K.S.A. 1996 Supp. 79-32,110 and repealing the existing section.
     SB 54, by Committee on Assessment and Taxation: An act relating to
   the financing of unified school districts; concerning the property tax
   levy required therefor; amending K.S.A. 1996 Supp. 72-6431 and 79-5105 and
   repealing the existing sections; also repealing K.S.A. 1996 Supp.
   72-6431a.
     SB 55, by Committee on Financial Institutions and Insurance: An
   act concerning insurance; risk-based capital requirements; amending K.S.A.
   1996 Supp. 40-2c01 and repealing the existing section.
   REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
     The following bills were referred to Committees as indicated:
     Assessment and Taxation: SB 25, 34.
     Elections and Local Government: SB 24, 33.
     Federal and State Affairs: SB 28, 29.
     Financial Institutions & Insurance: SB 26, 27, 30, 31, 32.
   CONFIRMATION OF APPOINTMENTS
     In accordance with Senate Rule 56, the following appointments, submitted
   by the Governor to the senate for confirmation, were considered.
     Senator Emert moved the following appointments be confirmed as
   recommended by the Confirmation Oversight Committee:
   On the appointment to the:
   Export Loan Guarantee Review Committee:
     Anna R. Anderson, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Export Loan Guarantee Review Committee:
     Robert Duncan, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas, Inc.:
     Stanley R. Ahlerich, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas, Inc.:
     Peter F. Brungardt, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas, Inc.:
     Kathleen Clark, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas, Inc.:
     John Moore, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas Racing Commission:
     Leroy Hayden, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas Racing Commission:
     Edward Nazar, term expires January 15, 2000
     The vote was: Yeas 38, nays 1, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
   Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans,
   Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Nays: Huelskamp.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Kansas Technology Enterprise Corporation:
     John R. Darling, term expires January 15, 2000
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Parole Board:
     Larry D. Woodward, term expires January 15, 2000
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   Pooled Money Investment Board:
     William L. Yager, term expires March 15, 2000
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   State Banking Board:
     Michele C. Lundy, term expires March 15, 1999
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   State Banking Board:
     Denis W. Miller, term expires March 15, 1999
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   State Board of Indigents' Defense Services:
     Bruce Beye, term expires January 15, 1999
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
     On the appointment to the:
   State Board of Indigents' Defense Services:
     Kathryn Arbuckle-Higdon, term expires January 15, 1999
     The vote was: Yeas 39, nays 0, present and passing 0, absent or not
   voting 1.
     Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
   Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
   Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
   Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee,
   Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
     Absent or not voting: Harris.
     The appointment was confirmed.
   REPORT ON ENGROSSED BILLS
     SR 1803 reported correctly engrossed January 16, 1997.
   CORRECTION OF THE JOURNAL
     Correct the Journal of the Senate on Monday, January 13, 1997, on page
   l4, under the heading of ``Additional Committee Assignments'' to
   read as follows:
     Computers And Telecommunications: Feleciano, Sallee, Salmans.
     Legislative Post Audit: Hensley, Oleen, Ranson, Steineger,
   Vidricksen.
     State Building Construction: Goodwin, Morris, Vidricksen.
     On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday,
   January 17, 1997.