J o u r n a l o f t h e S e n a t e SIXTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Tuesday, January 21, 1997--2:30 p.m. The Senate was called to order by Vice-President Alicia L. Salisbury. The roll was called with forty senators present. Vice-President Salisbury introduced Rabbi Lawrence P. Karol, Temple Beth Sholom, Topeka, Kansas, who delivered the invocation: God of all the Universe, Creator of all humanity, Source of compassion and justice, We face many challenges in our state and nation that demand our attention. One of those challenges we now face has long been a cause for concern. We read in the book of Deuteronomy that ``there will never cease to be needy ones in your land.'' Those words echo in our ears today in the wake of legislative decisions that have shifted the burden of caring for the poor to states and local communities. Give wisdom, O God, to legislators and agency officials, faith communities and serv ice organizations, local leaders and individual citizens so that we may, with our hands and our hearts, practice the words we read in Deuteronomy: ``Do not harden your heart and shut your hand against those in need. Rather, you must open your hand and lend them enough for whatever they need. Give to them readily and have no regrets, for in return God will bless you in all your efforts and in all your undertakings.'' O God, regardless of rules and legislation, ballots and budgets, help us to be true partners in combating poverty, for it is through such efforts that all that we do will be for blessing. Source of our Strength, we ask for your help and your guidance so that your love and justice may flourish among us. And we say Amen. SPECIAL RECOGNITION Welcomed with a standing ovation, former Senate President Paul Bud Burke, was rec ognized by President Dick Bond and presented with a framed Jim Hamill watercolor print of the Senate Chamber. President Bond emphasized that it was a sincere privilege to ac knowledge the two decades plus of distinguished service to the state legislature and to the senate given by Senator Burke. Those years include 1973-74 in the House of Representatives, 1975-1995 as a senator; 1985-1988 as majority leader and 1989-January 1997 as Senate President. Also sending congratulations through Majority Leader, Senator Emert, for the many years of service were former Senators Sheila Frahm, Jerry Moran and Todd Tiahrt. Appreciation was expressed for Senator Burke's patience and willingness to listen to all view points; also the added respect and stature brought to the state by his service with the National Confer ence of State Legislators, plus his tenure as president of the organization. Senators Hensley and Karr emphasized the strong steady influence that was the result of Senator Burke's legislative skills, and his ability to compromise. Senator Burke responded with appreciation for the special recognition, stating it was a humbling experience to return to this very special place and thanked them all for their years of friendship. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 59, by Committee on Commerce: An act creating the Kansas river basin economic development corridor; prescribing the powers and duties of the governing body thereof. SB 60, by Committee on Public Health and Welfare: An act concerning the Governor's mental health services planning council; relating to size, composition and terms of the coun cil; amending K.S.A. 39-1605 and repealing the existing section. SB 61, by Committee on Public Health and Welfare: An act concerning the practice of podiatry; amending K.S.A. 65-2002 and repealing the existing section. SB 62, by Committee on Agriculture: An act concerning veterinary practice; amending K.S.A. 47-816 and 47-826 and repealing the existing sections. SB 63, by Committee on Agriculture: An act concerning public livestock markets; relating to injured, disabled or diseased animals; amending K.S.A. 1996 Supp. 47-1008 and repealing the existing section. SB 64, by Committee on Financial Institutions and Insurance: An act concerning insur ance; emergency room payments. SB 65, by Committee on Education: An act concerning school districts; relating to the provision of educational services for persons over the age of compulsory school attendance. SB 66, by Committee on Judiciary: An act concerning probate; relating to conservators; payment of demands; medical assistance; amending K.S.A. 59-3026 and repealing the ex isting section. SB 67, by Committee on Judiciary: An act concerning the protection from abuse act; relating to definitions; confidentiality; orders; amending K.S.A. 60-3102 and 60-3106 and K.S.A. 1996 Supp. 60-3104 and 60-3107 and repealing the existing sections. SB 68, by Committee on Judiciary: An act concerning the care and treatment act for mentally ill persons; relating to petitions; orders; venue; amending K.S.A. 1996 Supp. 592957, 59-2958, 59-2966, 59-2967, 59-2969 and 59-2971 and repealing the existing sections. SB 69, by Committee on Judiciary: An act concerning crimes and punishment; relating to traffic in contraband in a correctional institution; amending K.S.A. 21-3826, as amended by section 26 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section. SB 70, by Committee on Judiciary: An act concerning the Kansas tort claims act; ex panding the definition of community service work; amending K.S.A. 1996 Supp. 75-6102 and repealing the existing section. SB 71, by Committee on Judiciary: An act concerning the department of corrections; relating to the treatment of inmates; amending K.S.A. 1996 Supp. 75-5210 and repealing the existing section. SB 72, by Committee on Judiciary: An act concerning public records; relating to records not required to be open; amending K.S.A. 1996 Supp. 45-221 and repealing the existing section; also repealing K.S.A. 1996 Supp. 45-221d. SB 73, by Special Committee on Judiciary: An act concerning income withholding for criminal costs; amending K.S.A. 1996 Supp. 21-4603d and repealing the existing section. SB 74, by Committee on Energy and Natural Resources: An act concerning building energy efficiency standards; amending K.S.A. 66-131a and repealing the existing section. SB 75, by Committee on Energy and Natural Resources: An act relating to chlorofluor ocarbons; concerning the use, possession, manufacture, purchase, installation, transportation and sale thereof. SB 76, by Committee on Elections and Local Government: An act concerning members of the legislature; enacting the Kansas legislator's code of ethics. SENATE CONCURRENT RESOLUTION No. 1604-- By Joint Committee on Pensions, Investments and Benefits A PROPOSITION to amend section 2 of article 13 of the constitution of the state of Kansas, relating to banks. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the Senate and two-thirds of the members elected (or appointed) and qualified to the House of Representatives concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Section 2 of article 13 of the constitution of the state of Kansas is hereby amended to read as follows: (section) 2. State not to be stockholder. The state shall not be a stockholder in any banking institution, except that any retirement or pension plan authorized pursuant to the laws of this state may be a stockholder in any banking institution. Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. The purpose of this amendment is to allow any retirement or pension plan authorized pursuant to the laws of this state to be a stockholder in any banking institution. ``A vote for this amendment would allow any retirement or pension plan authorized pursuant to the laws of this state to be a stockholder in any banking institution. ``A vote against this amendment favors retaining the current prohibition against the state and any retirement or pension plan authorized pursuant to the laws of this state from being a stockholder in any banking institution.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the Senate and two-thirds of the members elected (or appointed) and qualified to the House of Representatives, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Elections and Local Government: SB 58. Financial Institutions & Insurance: SB 56, 57. MESSAGE FROM THE GOVERNOR January 17, 1997 To the Senate of the State of Kansas: Submitted herewith for confirmation by the Senate are appointments made by me as Governor of the State of Kansas as of January 17, 1997, pursuant to law. Bill Graves Governor Secretary, Department of Administration, Daniel R. Stanley, Jr., pursuant to the authority vested in me by K.S.A. 75-3702a and K.S.A. 75-4315b, effective upon the date of confir mation by the Senate to serve at the pleasure of the Governor. Executive Director, State Gaming Agency, Tracy T. Diel, pursuant to the authority vested in me by K.S.A. 46-2301 and SB 495, effective upon the date of confirmation by the Senate to serve at the pleasure of the Governor. Member, Kansas Racing and Gaming Commission, Gene Olander, pursuant to the authority vested in me by K.S.A. 74-8803, effective upon the date of confirmation by the Senate to fill a four year term. Reappointment. COMMUNICATIONS FROM STATE OFFICERS SRS Transition Oversight Committee January, 1997 According to 1996 HB 3047, Rep. Melvin Neufeld, Chairperson, SRS Transition Over sight Committee, submitted a report to the 1997 Kansas Legislature. The Vice-President announced the above report is on file in the office of the Secretary of the Senate and is available for review at any time. REPORTS OF STANDING COMMITTEES Committee on Assessment and Taxation recommends SB 7 be passed. Committee on Commerce recommends SB 20 be passed. Committee on Transportation and Tourism recommends SB 2 be passed. REPORT ON ENROLLED BILLS SR 1803, 1804 reported correctly enrolled, properly signed and presented to the Sec retary of Senate on January 21, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, January 22, 1997.