J o u r n a l o f t h e S e n a t e TWENTIETH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Monday, February 10, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-seven senators present. Senators Harris, Huelskamp and Ranson were excused. President Bond introduced as guest chaplain, The Reverend Dr. Lynn Hargrow, Sr., St. Matthew CME Church, Wichita, Kansas, who delivered the invocation: Eternal and Gracious Father, we are thankful for this day. For your love and for your mercy, we offer Thee our praise. As we prepare ourselves for the work that stands before us, grant us your wisdom to face the day with compassion and understanding for the uplifting of your people and glorifying of your name. May we who have been chosen by vote, choose to embrace your will and serve Thee as we serve and lead others in unity and in spirit. Surround us with your presence and forever guide us in our work. May your blessings always be upon us as we come and when we leave today's gathering. This is what we ask through the name of Jesus and through him who creates and sustains us. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: SB 231 An act concerning the residential landlord and tenant act; relating to termination of rental agreement; amending K.S.A. 58-2564 and repealing the existing section, by Committee on Elections and Local Government. SB 232 An act concerning cities and counties; relating to planning and zoning; relating to the powers and duties of the planning commission; amending K.S.A. 12-504, 12-505, 12745, 12-747, 12-752, 58-2613 and 58-2614 and repealing the existing sections, by Committee on Elections and Local Government. SB 233 An act concerning abortion; relating to the definition of viable; amending K.S.A. 65-6701 and repealing the existing section, by Senators Harrington, Bleeker, Brownlee, Hardenburger and Lawrence. SB 234 An act prohibiting partial-birth abortions; amending K.S.A. 1996 Supp. 65-6703 and repealing the existing section, by Senators Harrington, Bleeker, Brownlee, Hardenburger and Lawrence. SB 235 An act authorizing the Kansas department of wildlife and parks to exceed established expenditure limitations for compliance with federal aid expenditure requirements, by Committee on Energy and Natural Resources. SB 236 An act concerning boating safety education; providing for an approved course of instruction; requiring certain persons to obtain a certificate of completion; amending K.S.A. 32-1102 and repealing the existing section, by Committee on Energy and Natural Resources. SB 237 An act concerning the migratory waterfowl stamp; amending K.S.A. 32-939 and repealing the existing section; also repealing K.S.A. 32-940, by Committee on Energy and Natural Resources.
~SB 238 An act relating to public moneys; providing for the establishment of market rates for state moneys; concerning bidding for investment accounts of state moneys by banks; amending K.S.A. 68-2060 and K.S.A. 1996 Supp. 12-1675, 75-4201, 75-4208, 75-4209, 754210, 75-4212a and 75-4263 and repealing the existing sections, by Committee on Federal and State Affairs. SB 239 An act relating to property taxation; concerning political subdivision exemption therefrom; amending K.S.A. 1996 Supp. 79-201a and repealing the existing section, by Senator Karr. SB 240 An act concerning treatment facilities; disclosure of certain communications; amending K.S.A. 1996 Supp. 65-5603 and repealing the existing section, by Committee on Public Health and Welfare. SB 241 An act concerning adult care homes; definitions; amending K.S.A. 1996 Supp. 39-923 and repealing the existing section, by Committee on Public Health and Welfare. SB 242 An act concerning respiratory therapy; relating to licensure; amending K.S.A. 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-5508, 65-5509, 65-5510, 655511, 65-5512, 65-5514 and 65-5516 and repealing the existing sections, by Committee on Public Health and Welfare. SB 243 An act concerning emergency medical services; amending K.S.A. 1996 Supp. 65-6112, 65-6119, 65-6120, 65-6123 and 65-6124 and repealing the existing sections, by Committee on Public Health and Welfare. SB 244 An act concerning the state board of healing arts; relating to fees paid to the board; amending K.S.A. 65-2012, 65-2896, 65-5409 and 65-5509 and K.S.A. 1996 Supp. 652852 and 65-6910 and repealing the existing sections, by Committee on Public Health and Welfare. SB 245 An act concerning hospital liens; amending K.S.A. 65-406 and repealing the existing section, by Committee on Public Health and Welfare. SB 246 An act concerning the state board of healing arts; relating to temporary permits issued under the occupational therapy practice act and respiratory therapy practice act; amending K.S.A. 65-5408 and 65-5508 and repealing the existing sections, by Committee on Public Health and Welfare. SB 247 An act concerning public water supply systems; requiring the addition of fluorides; amending K.S.A. 65-171m and repealing the existing section, by Committee on Public Health and Welfare. SB 248 An act concerning the Kansas healing arts act; amending K.S.A. 65-2839a, 652840a, 65-2842 and 65-2873 and K.S.A. 1996 Supp. 65-2836 and 65-2837 and repealing the existing sections; also repealing K.S.A. 65-2851a, by Committee on Public Health and Welfare. SB 249 An act concerning the taxation of motor vehicle fuels; providing certain payments to native Americans; amending K.S.A. 79-3461 and K.S.A. 1996 Supp. 79-3407, 79-3408, 79-3408c, 79-3409 and 79-3412 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 79-3408g, by Committee on Ways and Means. SB 250 An act relating to sales taxation; defining educational institution for such purposes; amending K.S.A. 1996 Supp. 79-3602 and repealing the existing section, by Committee of Ways and Means. SB 251 An act relating to the taxation of marijuana and other controlled substances; amending K.S.A. 79-5203, 79-5206 and 79-5207 and K.S.A. 1996 Supp. 79-5201, 79-5202, 79-5204, 79-5205, 79-5208, 79-5211 and 79-5212 and repealing the existing sections, by Committee on Ways and Means. SB 252 An act relating to severance taxation; amending K.S.A. 79-4225 and K.S.A. 1996 Supp. 77-549 and 79-4216 and repealing the existing sections, by Committee on Ways and Means. SB 253 An act concerning the department of administration; relating to administration of the deferred compensation plan for public officers and employees; prescribing competitive bidding procedures; amending K.S.A. 75-5523 and repealing the existing section, by Committee on Ways and Means. ~SB 254 An act concerning civil service; relating to personal conduct detrimental to state service; attorneys; amending K.S.A. 75-2949f and repealing the existing section, by Committee on Judiciary. SB 255 An act concerning criminal procedure; relating to appointment of counsel to persons in custody after felony conviction; amending K.S.A. 22-4506 and K.S.A. 1996 Supp. 22-4503 and repealing the existing sections, by Committee on Judiciary. SB 256 An act concerning law enforcement; relating to university police officers; jurisdiction; amending K.S.A. 76-726 and K.S.A. 1996 Supp. 22-2401a and repealing the existing sections, by Committee on Judiciary. SB 257 An act concerning crimes and penalties; relating to minors; alcoholic liquor and cereal malt beverage; penalties; amending K.S.A. 21-3610 and 21-3610a and K.S.A. 1996 Supp. 41-2615 and repealing the existing sections, by Committee on Judiciary. SB 258 An act concerning crimes, criminal procedure and punishment; conditions of probation, suspension of sentence, assignment to a community correctional services program or postrelease supervision; attendance of defendant at secondary or postsecondary educational institutions; amending K.S.A. 21-4610 and K.S.A. 1996 Supp. 22-3717 and repealing the existing sections, by Committee on Judiciary. SB 259 An act concerning criminal procedure; relating to preliminary examinations; admissibility of report of forensic examiner; amending K.S.A. 1996 Supp. 22-2902a and repealing the existing section, by Committee on Judiciary. SB 260 An act concerning corporations; relating to professional corporations; purpose and powers; amending K.S.A. 17-2710 and repealing the existing section, by Committee on Judiciary. SB 261 An act concerning crimes and punishment; relating to deceptive commercial practices; time limitations; penalties; amending K.S.A. 21-4403 and K.S.A. 1996 Supp. 213106 and repealing the existing sections, by Committee on Judiciary. SB 262 An act concerning crimes, criminal procedure and punishment; relating to sentencing; attorney general; amending K.S.A. 21-4623, 21-4624 and 21-4633 and repealing the existing sections, by Committee on Judiciary. SB 263 An act concerning criminal procedure; relating to discovery and inspection; amending K.S.A. 22-3212 and repealing the existing section, by Committee on Judiciary. SB 264 An act concerning criminal procedure; relating to capital murder; assistance of counsel; requirements; amending K.S.A. 22-4505 and 22-4506 and repealing the existing sections, by Committee on Judiciary. SB 265 An act concerning driver's licenses; relating to display or possession of false driver's license; prescribing penalties therefor; amending K.S.A. 1996 Supp. 8-260 and repealing the existing section, by Committee on Judiciary. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Commerce: SB 227. Federal and State Affairs: SB 230. Financial Institutions & Insurance: SB 225, 226, 229. Ways and Means: SB 228. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF HEALTH AND ENVIRONMENT Bureau of Waste Management February 3, 1997 James J. O'Connell, Secretary, Department of Health and Environment, in accordance with provisions in K.S.A. 65-3424f, submitted the SFY-1996 Annual Report on the Kansas Waste Tire Management Program. The 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 Energy and Natural Resources recommends SB 122 be passed. ~REPORT ON ENROLLED BILLS SR 1813, 1814 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on February 10, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February 11, 1997.