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


                                  TWELFTH DAY
                                    --------


                                                 SENATE CHAMBER, TOPEKA,
     KANSAS
                                         Wednesday, January 29, 1997--2:30 p.m.

  The Senate was called to order by Vice-President Alicia Salisbury.
  The roll was called with thirty-nine senators present.
  Senator Harrington was excused.
  Vice-President Salisbury introduced as guest chaplain, Chaplain Lee E.
Martin, Topeka Police Department, who delivered the invocation:
     Dear Heavenly Father:
     I come to you on behalf of the folks in this room . . . and on behalf of
   all the people they represent. I thank you for their single focus. The
   focus of making our form of government the best it can be.
     Give them wisdom, courage, strength, and patience. Give them
   understanding that just because someone disagrees with them, it doesn't
   make them the enemy.
     Unite them in all their final decisions and teach them to always trust
   you for the results.
   In your Son's Name
   Amen
   INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
     The following bills were introduced and read by title:
   SB 135 An act concerning electronic filing of business records;
   amending K.S.A. 1996 Supp. 75-443 and repealing the existing section, by
   Committee on Commerce.
   SB 136 An act concerning the criminal history record information on
   independent contractors; amending K.S.A. 1996 Supp. 22-4710 and repealing
   the existing section, by Committee on Commerce.
   SB 137 An act concerning the workers compensation act; amending K.S.A.
   44-505, 44510b, 44-523, 44-5,120 and 44-5,121 and K.S.A. 1996 Supp.
   44-508, 44-532, 44-551, 44555c and 44-5,125 and repealing the existing
   sections; also repealing K.S.A. 1996 Supp. 44532b, by Committee on
   Commerce.
   SB 138 An act regulating traffic; concerning the covering of certain
   loads; amending K.S.A. 8-1906 and repealing the existing section, by
   Committee on Transportation and Tourism.
   SB 139 An act relating to motor vehicles; concerning the regulation
   thereof; amending K.S.A. 8-127, 8-132, 8-133, 8-134, 8-145a, 8-145b,
   8-145c, 8-147, 8-147a, 8-148, 8-161, 8161b, 8-162, 8-195, 8-1,126,
   8-1,130, 8-1,133, 8-1,139, 8-1556, 8-2425, 32-901 and 75-4612 and K.S.A.
   1996 Supp. 8-135, 8-139, 8-142, 8-143, 8-143j, 8-145, 8-170, 8-171,
   8-177a, 8177c, 8-1,125, 8-1,129, 8-1,134, 8-1,140, 8-1,142, 8-1567,
   8-2118, 75-4610 and 79-5107 and repealing the existing sections, by
   Committee on Transportation and Tourism.
   SB 140 An act concerning child support enforcement; the uniform
   interstate family support act; income withholding act; amending K.S.A.
   23-4,101, 23-4,106, 23-4,107, 234,108, 23-4,109, 23-4,110, 23-4,111,
   23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-9,202, 239,205, 23-9,206,
   23-9,207, 23-9,301, 23-9,304, 23-9,305, 23-9,306, 23-9,307, 23-9,311,
   239,313, 23-9,401, 23-9,501, 23-9,605, 23-9,606, 23-9,607, 23-9,609,
   23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930, 38-1113,
   38-1131, 39-702, 39-753, 39-758, 39-759, 44-514, 602202, 60-2401 and
   75-3306 and K.S.A. 1996 Supp. 38-1115, 38-1119, 38-1137, 38-1138, 74146,
   74-147 and 79-3234 and repealing the existing sections, by Committee on
   Ways and Means.
   SB 141 An act relating to sales taxation; exempting sales of
   broadcasting machinery and equipment; amending K.S.A. 1996 Supp. 79-3606
   and repealing the existing section, by Committee on Assessment and
   Taxation.
   SB 142 An act relating to qualifications for appointment as a county or
   district appraiser; amending K.S.A. 19-430 and repealing the existing
   section, by Committee on Assessment and Taxation.
   SB 143 An act concerning state governmental ethics; relating to
   solicitation by state officers and employees; relating to gifts and
   honoraria; amending K.S.A. 46-271 and K.S.A. 1996 Supp. 46-236 and 46-237
   and repealing the existing sections; also repealing K.S.A. 46277, by
   Senators Hardenburger, Clark, Harrington, Huelskamp, Jordan, Oleen, Ranson
   and Sallee.
   SB 144 An act concerning cities; relating to the payment of the
   proceeds of fire insurance policies; amending K.S.A. 40-3901 and repealing
   the existing section, by Committee on Elections and Local Government.
   SB 145 An act concerning elections; relating to advance voting;
   amending K.S.A. 253301 and K.S.A. 1996 Supp. 25-1120, 25-1122, 25-1123,
   25-1124, 25-1128 and 25-2316c and repealing the existing sections, by
   Committee on Elections and Local Government.
   SB 146 An act concerning cities; relating to the removal or destruction
   of weeds; relating to the assessment and collection of costs thereof;
   amending K.S.A. 1996 Supp. 12-1617f and repealing the existing section, by
   Committee on Elections and Local Government.
   REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
     The following bills were referred to Committees as indicated:
     Assessment and Taxation: SB 119.
     Education: SB 126.
     Elections and Local Government: SB 116, 133.
     Energy and Natural Resources: SB 120, 121, 122, 123.
     Financial Institutions & Insurance: SB 132.
     Public Health and Welfare: SB 127, 128, 129, 130.
     Transportation and Tourism: SB 117, 118, 125, 131, 134.
     Ways and Means: SB 124.
   MESSAGE FROM THE GOVERNOR
                                January 27, 1997
   Message to the Senate of the State of Kansas:
     Enclosed herewith is Executive Order No. 97-2 for your information.
                                          Bill Graves
                                          Governor
  The Vice-President announced Executive Order No. 97-2, establishing the
Amelia Earhart Centennial Celebration Committee, is on file in the office of
the Secretary of the Senate and is available for review at anytime.
REPORTS OF STANDING COMMITTEES
  Committee on Agriculture recommends SB 62 be passed.
  Also SB 77 be amended on page 1, in line 40, by striking the
parenthesis before ``where''; also in line 40, by striking the slash before
``client'' and inserting a hyphen; also in line 40, by striking the slash
before ``patient'' and inserting a hyphen; in line 41, by striking the
parenthesis after ``relationship'' and inserting a comma; also in line 41, by
striking the parenthesis before ``exists'' and inserting: ``, as defined in
K.S.A. 47-816, and amendments thereto,''; also in line 41, by striking the
parenthesis after ``exists''; and the bill be passed as amended.
  Committee on Assessment and Taxation recommends SB 41, 53 be
passed.
  Committee on Commerce recommends SB 83 be amended
on page 1, in line 32, after the stricken material, by inserting: ``in person
at an employment office of the secretary or''; 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:
Executive Director of State Gaming Agency: K.S.A. 74-9804
  Tracy T. Diel, serves at the pleasure of the Governor
  Committee on Transportation and Tourism recommends SB 17 be
passed.
REPORT ON ENGROSSED BILLS
  SCR 1603 reported correctly engrossed January 28, 1997.
COMMITTEE OF THE WHOLE   On motion of Senator Emert, the Senate resolved
itself into Committee of the Whole, for consideration of bills on the calendar
under the heading of ``General Orders'' with Senator Feleciano in the chair.
  On motion of Senator Feleciano the following report was adopted:
  Recommended that SB 45, 46, 49 be passed.
  Also, SB 88 be amended by adoption of the committee amendments and the
bill be passed as amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional
majority, and SB 45, 46, 49, 88 were advanced to Final Action and roll
call.
SB 45 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, was considered on final action.
  On roll call, 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, Harris, 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: Harrington.
  The bill passed.
SB 46 An act relating to credit unions; concerning foreign credit unions;
amending K.S.A. 17-2223a and repealing the existing section, was considered on
final action.
  On roll call, 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, Harris, 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: Harrington.
  The bill passed.
SB 49 An act concerning annual reports to the governor by the commissioner
of insurance; amending K.S.A. 40-108 and repealing the existing section, was
considered on final action.
  On roll call, 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, Harris, 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: Harrington.
  The bill passed.
SB 88 An act relating to unclaimed contents of safety deposit
boxes upon death of lessee; amending K.S.A. 1996 Supp. 9-1504 and repealing the
existing section, was considered on final action.
  On roll call, 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, Harris, 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: Harrington.
  The bill passed, as amended.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday,
January 30, 1997.
                                            HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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