J o u r n a l o f t h e S e n a t e ELEVENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Tuesday, January 28, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-eight senators present. Senators Harris and Umbarger were excused. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, The apostle Paul has told us that our struggle is not against flesh and blood, but . . . against the spiritual forces of evil in the heavenly realms. (Ephesians 6:12) Our enemy is not Republican Nor is he Democrat; Our enemy is not on welfare Nor an aristocrat. Our enemy is not labor Nor is he management; Our enemy's not the landlord Nor the one who owes the rent. Our enemy is not the person Of a different race; Our enemy is not the foreigner From a different place. Our enemy is the Unseen One The Prince of Darkness and of night; Who deceives us into thinking It is people we must fight. So we ask You to provide us, Lord, With Your strength and with Your eyes And help us see our enemy Is the Father of all lies. I pray in Jesus' Name, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: SB 116An act concerning records open to the public; relating to the access of certain material; amending K.S.A. 45-220 and repealing the existing section, by Committee on Elections and Local Government. SB 117An act relating to motor vehicles; providing for license plates for recipients of the congressional medal of honor; amending K.S.A. 1996 Supp. 8-1,141 and repealing the existing section, by Committee on Transportation and Tourism. SB 118An act concerning vehicles; relating to terminal rent adjustment clauses, by Committee on Transportation and Tourism. SB 119An act relating to sales taxation; exempting certain purchases and sales of certain health promotion entities; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Committee on Assessment and Taxation. SB 120An act concerning livestock; relating to confined feeding facilities; amending K.S.A. 1996 Supp. 65-171d and repealing the existing section, by Committee on Energy and Natural Resources. SB 121An act concerning the compliance advisory panel for the small business assistance program under the Kansas air quality act; amending K.S.A. 1996 Supp. 65-3027 and repealing the existing section, by Committee on Energy and Natural Resources. SB 122An act concerning asbestos control; amending K.S.A. 65-5302, 65-5303 and 655308 and repealing the existing sections, by Committee on Energy and Natural Resources. SB 123An act concerning regulation of discharges of sewage; amending K.S.A. 65-164 and 65-165 and repealing the existing sections, by Committee on Energy and Natural Resources. SB 124An act concerning surplus state property; amending K.S.A. 1996 Supp. 75-6602 and repealing the existing section, by Committee on Ways and Means. SB 125An act concerning motor vehicles; relating to the collection of registration and certificate of title fee funds; amending K.S.A. 8-145c and K.S.A. 1996 Supp. 8-145 and 8145d and repealing the existing sections, by Committee on Ways and Means. SB 126An act concerning school district finance; affecting the determination of school facilities weighting; relating to the tax levy authorized to be made by certain districts for the purpose of paying costs attributable to operation of new school facilities; amending K.S.A. 72-6415 and K.S.A. 1996 Supp. 72-6441 and repealing the existing sections, by Committee on Education. SB 127An act concerning the director of the division of health of the department of health and environment; amending K.S.A. 1996 Supp. 75-5603 and repealing the existing section, by Committee on Public Health and Welfare. SB 128An act concerning the state long-term care ombudsman program; providing for establishing and operating such program by the secretary of aging; authorizing contract to operate the long-term care ombudsman office; responsibility for program requirements; amending K.S.A. 1996 Supp. 75-5916, 75-5917a and 75-5918 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 75-5917, by Committee on Public Health and Welfare. SB 129An act concerning the secretary of aging; older Americans act programs; senior care act; long-term care programs; department on aging; amending K.S.A. 75-5908 and 755932 and K.S.A. 1996 Supp. 75-5910, 75-5928 and 75-5945 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 75-5935, by Committee on Public Health and Welfare. SB 130An act concerning the health care data governing board; amending K.S.A. 1996 Supp. 65-6803 and repealing the existing section, by Committee on Public Health and Welfare. SB 131An act concerning school districts; relating to policies for the use of school buses for purposes other than pupil transportation; amending K.S.A. 1996 Supp. 72-8316 and repealing the existing section, by Senator Karr. SB 132An act concerning limitations on loans by banks; amending K.S.A. 1996 Supp. 9-1104 and repealing the existing section, by Committee on Financial Institutions and Insurance. SB 133An act concerning certain counties; relating to planning and zoning; amending K.S.A. 19-2958 and repealing the existing section, by Committee on Elections and Local Government. SB 134An act concerning mixing strips and road material storage areas; regulating the location thereof, by Senator Lee (By Request). REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: SB 108, 109. Elections and Local Government: SB 112, 113, 114, 115. Energy and Natural Resources: SB 110. Public Health and Welfare: SB 111. MESSAGE FROM THE HOUSE Announcing the House adopts the Conference Committee Report on SCR 1603. CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on House amendments to SCR 1603, submits the following report: The Senate accedes to all House amendments to the resolution, and your committee on conference further agrees to amend the resolution, as printed with House Committee of the Whole amendments, as follows: On page 5, in line 22, before the period, by inserting: ``, in which case a conference committee report subsequent to the adoption of such report shall be signed by a majority of the conferees appointed in each house''; in line 23, by striking all after ``reports''; by striking all in lines 24 and 25; in line 26, by striking all before ``shall''; And your committee on conference recommends the adoption of this report. Ralph M. Tanner Doug Mays Jim D. Garner Conferees on part of House Dick Bond Tim Emert Anthony Hensley Conferees on part of Senate Senator Emert moved the Senate adopt the Conference Committee report on SCR 1603. On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2. 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, Vidricksen. Absent or not voting: Harris, Umbarger. The Conference Committee report was adopted. SB 2An act relating to agricultural ethyl alcohol; concerning the expiration date for the agricultural ethyl alcohol incentive program; amending K.S.A. 1996 Supp. 79-34,164 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2. 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, Vidricksen. Absent or not voting: Harris, Umbarger. The bill passed. SB 7An act relating to property taxation; concerning tax levy rate limitations on certain governmental units; amending K.S.A. 2-610, 2-1318, 2-1319, 2-1322, 2-2007, 3-121, 121403, 12-1405, 12-1617h, 19-236, 19-807d, 19-2803, 19-2803e, 19-3105, 19-3106, 19-3305, 19-4004, 19-4011, 19-4102, 65-212, 68-166, 68-518c, 68-582, 73-407, 76-326a, 79-1945, 791962, 80-115, 80-119, 80-808, 80-903, 80-932, 80-1417, 80-1509, 80-1537, 80-1806, 80-1903, 80-1909, 80-1916, 80-1920, 80-1921, 80-1924, 80-2006, 80-2021, 80-2201, 80-2204 and 82a-308 and K.S.A. 1996 Supp. 79-1946, 79-5028, 79-5038 and 80-1503 and repealing the existing sections; also repealing K.S.A. 79-1947, 79-1948, 79-1949, 79-1950, 79-1951, 79-1952 and 79-1953 and K.S.A. 1996 Supp. 79-1947b, was considered on final action. On roll call, the vote was: Yeas 35, nays 3, present and passing 0; absent or not voting 2. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Vidricksen. Nays: Clark, Huelskamp, Morris. Absent or not voting: Harris, Umbarger. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: SB 7 has been represented as a simple extension of the property tax lid on local government. While I strongly believe in reduced property taxes, I cannot support what is really an ``ironclad tax sieve.'' If we are going to discuss and debate an authentic lid, let us first remove the long list of exemptions from the law, not provide for additional exemptions as contained herein. For long-term property tax relief, we must permit a direct, local vote on property tax increases, not simply extend this disingenuous ``tax lid.''--Tim Huelskamp SB 20An act concerning the employment security law; extending the moratorium on contributions for an additional year; amending K.S.A. 1996 Supp. 44-710a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2. 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, Vidricksen. Absent or not voting: Harris, Umbarger. The bill passed. EXPLANATION OF VOTE Mr. President: I vote yes on SB 20. This is the first in a series of votes this legislative session on tax bills that will benefit Kansas businesses. This bill will give Kansas employers $196 million in tax relief through an extension of a four-year moratorium on unemployment taxes. Senate Democrats support this bill. Democrats are often portrayed as anti-business. This is a little hard to understand when more than half of our caucus is made up of independent business people or retired business people. Senate Democrats are interested in helping Kansas businesses, and for that reason we will continue to be concerned that we will not be burdening businesses with a large tax increase when the moratorium ends. As Democrats, we want to see our businesses thrive. But we also believe in fairness; and we will be working to see that tax relief for businesses this year is shared with tax relief for those most in need--the low to middle income homeowners. We will be watching future tax relief bills and judging them accordingly.--Anthony Hensley REPORTS OF STANDING COMMITTEES Committee on Education recommends SB 36 be passed. Also SB 37 be amended on page 2, following line 37, by inserting a new paragraph as follows: ``(H) School districts may not adopt policies which modify, diminish or reinterpret state or federal laws which affect school district employees.''; and the bill be passed as amended. The Committee on Elections and Local Government recommends SB 33 be amended on page 2, in line 21, by striking all after ``means''; in line 22, by striking ``or township'' and inserting ``township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof''; and the bill be passed as amended. Also SB 58 be amended on page 1, in line 24, following ``three'' by inserting ``voting''; and the bill be passed as amended. Committee on Federal and State Affairs begs leave to submit the following report: The following appointment was referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointment: By the Governor: Kansas Racing and Gaming Commission: K.S.A. 74-8803 Gene M. Olander, term expires January 15, 2001 REPORT ON ENGROSSED BILLS SB 7 reported correctly engrossed January 27, 1997. REPORT ON ENROLLED BILLS SR 1805, 1806 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on January 27, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, January 29, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+