J o u r n a l o f t h e S e n a t e EIGHTEENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, February 6, 1997--2:30 p.m. The Senate was called to order by Vice-President Alicia Salisbury. The roll was called with thirty-six senators present. Senators Downey, Harris, Karr and Ranson were excused. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, Our second President, John Adams, once said, ``Our constitution is designed for a religious and moral people. It is wholly inadequate to govern any other.'' Our fourth President, James Madison, once said, `` sufficient virtue . . . for self-government, nothing less than the chains of despotism can restrain them from destroying and devouring one another.'' Keep us, O God, from letting our liberty become license; our compassion become condoning: our tolerance become permissiveness; our American dream become a nightmare; our capitalism become materialism: our Republic become repulsive; our faith become a farce. Make sure, O God, we ``prove all things, hold fast that which is good.'' (I Thessalonians 5:21) I pray in the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: SB 218 An act concerning insurance; transactions; amending K.S.A. 40-214 and repealing the existing section, by Committee on Financial Institutions and Insurance. SB 219 An act designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, by Senators Huelskamp, Becker, Bleeker, Brownlee, Clark, Emert, Hardenburger, Harrington, Harris, Jordan, Lawrence, Ranson, Sallee, Salmans, Schraad, Steffes, Tyson and Umbarger. SB 220 An act concerning the Kansas healing arts act; relating to the supervision and direction of certain personnel by persons licensed to practice the healing arts; amending K.S.A. 1996 Supp. 65-2837 and repealing the existing section, by Committee on Public Health and Welfare. SB 221 An act concerning health care providers; relating to peer review and risk management; amending K.S.A. 65-4925 and K.S.A. 1996 Supp. 65-4915 and repealing the existing sections, by Committee on Public Health and Welfare. SB 222 An act concerning school districts; relating to leases and lease-purchase agreements entered into by boards of education; amending K.S.A. 72-8225 and repealing the existing section, by Committee on Education. SB 223 An act concerning school district finance; relating to local option budgets; amending K.S.A. 1996 Supp. 72-6433 and repealing the existing section; also repealing K.S.A. 1996 Supp. 72-6433a, by Committee on Education. SB 224 An act relating to property taxation; providing for biennial utilization of valuations, by Senators Kerr, Becker, Bleeker, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Harris, Jordan, Lawrence, Morris, Oleen, Ranson, Salisbury, Sallee, Salmans, Steffes, Steineger, Tyson and Umbarger. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: SB 206, 209. Education: SB 213. Elections and Local Government: SB 205, 217; HB 2021. Energy and Natural Resources: SB 208. Financial Institutions & Insurance: HB 2083. Judiciary: SB 214, 215, 216. Public Health and Welfare: SB 211. Utilities: SB 207, 212. Ways and Means: SB 210. COMMUNICATIONS FROM STATE OFFICERS KANSAS BUREAU OF INVESTIGATION January 31, 1997 Larry Welch, Director, Kansas Bureau of Investigation, in compliance with K.S.A. 604117, submitted a report to the legislature regarding the status of the KBI State Forfeiture Fund. 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. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 1 An act relating to state finances; concerning biennial budget estimates for state agencies; amending K.S.A. 1996 Supp. 75-3717 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 31, nays 5, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Feleciano, Gilstrap, Jones, Lee, Morris. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed, as amended. SB 10 An act concerning legislative post audit; relating to the performance audit of the health care database; amending K.S.A. 1996 Supp. 65-6808 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed. SB 11 An act concerning legislative post audit; relating to audits of the Kansas public employees retirement system; amending K.S.A. 1996 Supp. 74-4921 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed. SB 14 An act concerning the department of administration; relating to administration of the deferred compensation plan for public officers and employees; amending K.S.A. 755525 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed, as amended. SB 16 An act repealing K.S.A. 1996 Supp. 74-2137, relating to annual performance audits of the Kansas highway patrol motor vehicle program, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed. SB 22 An act relating to property taxation; concerning the exemption of certain industrial training center buildings; amending K.S.A. 1996 Supp. 79-201a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed, as amended. SB 36 An act concerning school districts; relating to the duration of short-term suspensions of pupils from school; amending K.S.A. 1996 Supp. 72-8902 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 29, nays 7, present and passing 0; absent or not voting 4. Yeas: Barone, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Goodwin, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Becker, Gilstrap, Gooch, Hensley, Jones, Lee, Petty. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed. EXPLANATION OF VOTE Mr. President: My no vote on SB 36 is not a vote against the extension of short term suspension, but a vote against creating a larger problem. I question the missed education due to suspension. If there are no programs for suspended children, what are they to do while out of school? This could lead to higher crime rates, and more juveniles in the overcrowded detention centers and jails. There appears to be support here for a bill to finance construction for new jails and juvenile detention centers to house them at $25,000 a year but, we make it a major issue when we think it might cost a few extra hundred dollars for prevention. It seems to be a minor problem securing more funds for Special Education Students but for problems associated with slow learners, those referred to as troublemakers, the answer seems to be that we should not concern ourselves with solving problem makers problems. It should be as important to this body that there be a prepared plan of action for continued control and training for students on short term expulsion as it is for extending the time of expulsion.--U.L. Gooch Senator Jones requests the record to show he concurs with the ``Explanation of Vote'' offered by Senator Gooch on SB 36. SB 41 An act relating to income taxation; providing a credit therefrom for certain adoption expenses, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed, as amended. SB 82 An act concerning weights and measures; relating to test weights; amending K.S.A. 1996 Supp. 83-304 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 36, nays 0, present and passing 0; absent or not voting 4. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Downey, Harris, Karr, Ranson. The bill passed, as amended. REPORTS OF STANDING COMMITTEES Committee on Assessment and Taxation recommends SB 6 be amended on page 1, by striking all in lines 15 through 43; By striking all on pages 2 through 4; On page 5, by striking all in lines 1 through 9; in line 10, by striking ``Sec. 5'' and inserting ``Section 1''; On page 6, in line 43, by striking all after the period; On page 7, by striking all in line 1; in line 2 by striking all before ``No''; in line 17, after ``(l)'' by inserting ``(1)''; in line 22, by striking ``pre-; by striking all in lines 23 and 24; in line 25, by striking all before the comma and inserting ``per annum equal to the interest rate payable on six-month United States treasury bills on December 20 of the appropriate tax year plus three percentage points, from the date such taxes were paid or required to be paid, whichever is later''; after line 32, by inserting ``(2) No interest shall be allowed pursuant to paragraph (1) in any case where: (A) A taxpayer has failed to produce documentation prior to the informal conference with the county or district appraiser required by K.S.A. 79-1448, and amendments thereto, or this section necessary, to determine the correctness of the valuation established for the property subject to the appeal or protest; or (B) the tax paid under protest was inclusive of delinquent taxes.''; On page 8, by striking all in lines 14 and 15; in line 16, by striking all after ``Supp.'' and inserting ``79-2005 is hereby''; By renumbering existing sections accordingly; In the title, in line 10, by striking ``and delinquent payments of property tax''; in line 11, by striking ``79-1606, 79-1609, 79-2004, 79-2004a and ''; in line 12, by striking ``sections'' and inserting ``section'' and the bill be passed as amended. Also SB 40 be amended on page 4, in line 24, by striking ``of income''; in line 25, by striking ``of income''; and the bill be passed as amended. Committee on Commerce recommends SB 137 be amended on page 23, in line 2, by striking ``section'' and inserting ``subsection''; and the bill be passed as amended. Committee on Elections and Local Government recommends SB 24 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 24,'' as follows: ``Substitute for SENATE BILL No. 24 By Committee on Elections and Local Government ``AN ACT concerning the county treasurer; relating to vacancies in such office; relating to persons eligible to hold such office; amending K.S.A. 19-504 and repealing the existing section; also repealing K.S.A. 19-501a.''; and the substitute bill be passed. Committee on Energy and Natural Resources recommends SB 110 be amended on page 1, in line 37, by striking ``animal''; in line 41, by striking ``in the hunting, shooting or''; by striking all in line 42; in line 43, by striking ``in'' and inserting ``for surveillance or in the spotting, locating or taking, on foot or from a motor vehicle, of wildlife other than species that are threatened, endangered or in need of conservation under the nongame and endangered species conservation act, for''; On page 2, in line 1, by striking all following ``control''; in line 2, by striking all preceding the period; and the bill be passed as amended. Committee on Financial Institutions and Insurance recommends SB 132 be passed. Also SB 31 be amended on page 1, in line 28, after ``insurance'' by inserting ``or annuity''; in line 32, before ``policy'' by inserting ``life insurance''; also in line 32, before the semicolon, by inserting ``on or within two years after the date the annuity policy is issued''; in line 34, following ``that the'' by inserting ``life insurance''; in line 35, before the period, by inserting ``or on or within two years after the date the annuity policy is issued''; in line 43, before ``policies'' by inserting ``or annuity''; On page 2, following line 6, by inserting a subsection as follows: ``(g) The provisions of subsection (b) shall not apply to that portion of the nonforfeiture value of an annuity policy, issued on or within two years of the filing of a bankruptcy petition under 11 U.S.C. &101 et seq. or an execution on judgment for the claim of the creditor, which is derived from the surrender of an annuity policy issued more than two years prior to such bankruptcy petition or such execution.''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 1, 14, 22, 41, 82 reported correctly engrossed February 6, 1997. REPORT ON ENROLLED BILLS SR 1812 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on February 5, 1997. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 7, 1997.