J o u r n a l o f t h e S e n a t e NINTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, January 24, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-six senators present. Senators Hardenburger, Jones, Oleen and Praeger were excused. President Bond introduced as guest chaplain, Rev. Irving Jennings, Pastor, Faith Fellowship Church, Burdett, Kansas, who delivered the invocation: Heavenly Father, we praise you this day for the splendor and majesty of your creation. We give thanks to you O God, for placing eternity in the hearts of men, and giving us the vision to discover your unfathomable order. We celebrate this day those men and women who have both discovered and revealed wonders beyond our simple observation and have opened to us the Universe to explore. Not only do we celebrate such men as these who have looked further than their peers, or those who came before. But we ask You, O God for seeing eyes and visionary hearts for the men and women of this assembly, that they might see and understand your order in human affairs. Cause these your servants, to deal justly, to love mercy, and to walk humbly with their God, that they might govern aright in your eyes, for the good of those they represent. Bless the affairs of this session we pray and place your signature upon our lives. We are your creation and give you thanks, for you are the very source of all life, both now and forever more. In the Name and Authority of Your Son Jesus we pray. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: SB 93An act concerning insurance; conversion of mutual insurer to stock insurer; amending K.S.A. 40-4001, 40-4002, 40-4004, 40-4005, 40-4006, 40-4007, 40-4008, 40-4009, 40-4010, 40-4011, 40-4012, 40-4013 and 40-4014 and repealing the existing sections; also repealing K.S.A. 40-4003, by Committee on Financial Institutions and Insurance. SB 94An act concerning insurance; agents, nonresident agents and insurance brokers; applicants for licensure, by Committee on Financial Institutions and Insurance. SB 95An act concerning domestic relations; relating to divorce; child placement investigator's report, dissemination; amending K.S.A. 60-1615 and repealing the existing section, by Committee on Judiciary. SB 96An act concerning domestic relations; relating to marital property; professional goodwill; amending K.S.A. 23-201 and repealing the existing section, by Committee on Judiciary. SB 97An act concerning state agencies; relating to purchases of goods and services; amending K.S.A. 1996 Supp. 75-3739 and repealing the existing section, by Committee on Ways and Means. SB 98An act concerning state officers and employees; relating to deferred compensation contributions; amending K.S.A. 75-5525 and repealing the existing section, by Committee on Ways and Means. SB 99An act concerning state agencies; relating to accounting procedures; amending K.S.A. 75-3734 and repealing the existing section, by Committee on Ways and Means. SB 100An act concerning canceled state warrants; amending K.S.A. 46-921 and repealing the existing section, by Committee on Ways and Means, by Committee on Ways and Means. SB 101An act concerning civil procedure and civil actions; relating to garnishment; amending K.S.A. 60-717 and 61-2005 and repealing the existing sections; also amending Form No. 7a in the appendix of forms following K.S.A. 61-2605 and repealing the existing form, by Committee on Ways and Means. SB 102An act concerning state officers and employees; relating to subsistence allowance for travel; amending K.S.A. 75-3207a and repealing the existing section, by Committee on Ways and Means. SB 103An act concerning state officers and employees; relating to certain payroll deductions; amending K.S.A. 75-5530 and 75-5531 and repealing the existing sections, by by Committee on Ways and Means. SB 104An act concerning state officers and employees; relating to the reimbursement of moving expenses; concerning subsistence allowance for travel; amending K.S.A. 75-3207a and K.S.A. 1996 Supp. 74-2114, 75-5250 and 76-727 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 75-3219 and 75-3224, by Committee on Ways and Means. SB 105An act concerning conservators; relating to creation of trusts in certain circumstances, by Committee on Judiciary. SB 106An act concerning conservators; relating to making of gifts in certain circumstances, by Committee on Judiciary. SB 107An act relating to property taxation; concerning the format of notices of change in appraised valuations; amending K.S.A. 1996 Supp. 79-1460 and repealing the existing section, by Committee on Assessment and Taxation. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Agriculture: SB 82. Commerce: SB 83; HB 2050. Education: SB 85. Financial Institutions & Insurance: SB 86, 88. Judiciary: SB 87, 89, 90. Utilities: SB 84. Ways and Means: SB 91, 92. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Emert the Senate nonconcurred in the House amendments to SCR 1603 and requested a conference committee be appointed. The President appointed Senators Bond, Emert and Hensley as a conference committee on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Salmans introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1805-- A RESOLUTION in memory of Clyde Tombaugh. WHEREAS, Clyde Tombaugh died January 17, 1997, at age 90; and WHEREAS, Clyde Tombaugh was known throughout the scientific world as the discoverer of the planet Pluto; and WHEREAS, Clyde Tombaugh was reared on the family farm near Burdett and shared his father's keen interest in astronomy; and WHEREAS, Clyde Tombaugh, at age 24, while working as a junior astronomer at Arizona's Lowell Observatory, and after spending cold evenings for 10 months in the observatory comparing 14 by 17 inch photo plates, discovered a small shift in the position of an object which was determined as the mysterious planet X, Pluto; and WHEREAS, Clyde Tombaugh was a retired New Mexico State University astronomer; and WHEREAS, Clyde Tombaugh is survived by his wife, Patsy, two children and several grandchildren and great-grandchildren: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy to the family of Clyde Tombaugh; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Mrs. Clyde Tombaugh, Post Office Box No. 306, Mesilla Park, New Mexico 88047. On emergency motion of Senator Salmans SR 1805 was adopted unanimously. Senators Jordan, Becker, Bond, Brownlee, Langworthy and Schraad introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1806-- A RESOLUTION in memory of Mr. Stan Rose. WHEREAS, Stan Rose died January 11, 1997, at age 78, of multiple strokes; and WHEREAS, Stan Rose was co-founder of Sun Publications, in addition to being a journalist, author and publisher; and WHEREAS, Stan Rose returned to Kansas and Johnson County in 1946 after spending four years in the U.S. Navy and, with his wife, Shirley, purchased a small Kansas City tabloid, The Weekly Highlight. In 1948 they bought an interest in Prom Magazine, and in 1950 they established a new newspaper, the Prairie Scout. They also started a TV magazine called TV Preview; and WHEREAS, The Roses also started The Plaza Magazine and The Sun newspaper, and purchased an interest in the Kansas City Jewish Chronicle. These interests plus the College Boulevard News, Kansas City Nursing News and the Johnson County Business Times became a part of Sun Publications. In later years Mr. Rose became a world correspondent for The Sun and the National Newspaper Association and traveled extensively; and WHEREAS, Mr. and Mrs. Rose were exemplary benefactors and supporters of the American Cancer Society and Johnson County Community College, among other charitable and worthy causes. They were named Johnson Countians of the year in 1991, the first time a couple was given that honor, and in 1992 became the first couple to be honored as Philanthropists of the Year by the Greater Kansas City Council of Philanthropy; and WHEREAS, Stan Rose was known for his integrity, compassion, determination, sense of humor and love for community; and WHEREAS, Stan Rose will be deeply missed by his family, friends and community because of his outstanding life and character; and WHEREAS, Stan Rose was a great Johnson Countian, Kansan, American and gentleman; and WHEREAS, Stan Rose is survived by his widow, Shirley, a son, Mr. Stephen Rose, and a daughter, Mrs. Stephen Small and six grandchildren: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy to the family of Stan Rose; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Mrs. Stan Rose, 6301 W. 92nd Street, Shawnee Mission, KS 66212; Mr. and Mrs. Stephen Rose, 8600 Mission Road, Shawnee Mission, KS 66206, and Mr. and Mrs. Stephen Small, 12420 Linden, Shawnee Mission, KS 66209 and two copies to Senator Jordan. On emergency motion of Senator Jordan SR 1806 was adopted unanimously. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, January 27, 1997.