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


                                TWENTY-THIRD DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                        Thursday, February 13, 1997--2:30 p.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with thirty-nine senators present.
  Senator Sallee was excused.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
   Bumper stickers tell a lot
   About the owners of a car.
   They tell us where they'd rather be
   No matter where they are.
   They also tell us what they love:
   They say, ``I love my cat.''
   They love all different kinds of dogs
   That grace their habitat.
   They love their cars, they love their trucks,
   They love all kinds of things;
   They love the various kinds of fish;
   And everything with wings.
   The bumper sticker I'd love to see
   Whether sooner, now, or later,
   Is one which reads in big bold print,
   ``I love my legislator!''
   But before I see that on a car
   I expect to continue waiting
   Until my car has one that says,
   ``I'd rather be legislating!''
   Thanks for indulging me a little humor,
   AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were introduced and read by title:
SB 306 An act concerning law enforcement; relating to special
investigators of the department of social and rehabilitation services;
requiring compliance with law enforcement officer training; amending K.S.A.
1996 Supp. 74-5602 and repealing the existing section; also repealing K.S.A.
1996 Supp. 74-5602a, by Committee on Ways and Means.
SB 307 An act concerning law enforcement; relating to university police
officers of the university of Kansas medical center; jurisdiction; amending
K.S.A. 76-726 and K.S.A. 1996 Supp. 22-2401a and repealing the existing
sections, by Senator Steineger.
SB 308 An act concerning driving while license canceled, suspended or
revoked; relating to penalty therefor; amending K.S.A. 1996 Supp. 8-262 and
repealing the existing section, by Senator Steineger.

138                          JOURNAL OF THE SENATE

SB 309 An act concerning nongame, threatened and endangered species;
relating to listing of and recovery plans for such species; allowing tax
credits for certain taxes and assessments; amending K.S.A. 32-957, 32-960 and
32-962 and repealing the existing sections; also repealing K.S.A. 1996 Supp.
32-963a, by Committee on Energy and Natural Resources.
SB 310 An act concerning elections; relating to candidates for state
office; relating to drug testing, by Senator Harris.
SB 311 An act concerning criminal procedure; relating to registration of
persons who commit murder; amending K.S.A. 22-4901, 22-4902, 22-4905, 22-4906
and 22-4908 and K.S.A. 1996 Supp. 22-4904 and 22-4907 and repealing the
existing sections, by Committee on Judiciary.
SB 312 An act concerning divorce; relating to grounds; amending K.S.A.
60-1601 and repealing the existing section, by Committee on Judiciary.
SB 313 An act relating to cities; concerning railroads; requiring
construction of viaducts or tunnels; amending K.S.A. 12-1633 and repealing
the existing section, by Senators Feleciano, Corbin, Downey, Gooch, Goodwin,
Harrington, Harris, Lawrence and Ranson.
SB 314 An act concerning campaign finance; relating to the use of public
funds; amending K.S.A. 25-4169a and repealing the existing section, by
Senators Bleeker, Kerr, Bond, Brownlee, Clark, Corbin, Emert, Gilstrap,
Hardenburger, Harrington, Harris, Huelskamp, Jordan, Lawrence, Oleen,
Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger and Vidricksen.
SB 315 An act concerning the state finance council; amending K.S.A.
75-3711c and repealing the existing section, by Senators Petty and Hensley.
SB 316 An act concerning damages caused to crops by certain wildlife, by
Senator Karr (By Request).
SB 317 An act abolishing the Kansas state grain inspection department;
relating to the transfer of duties and powers thereof; amending K.S.A.
34-101, 34-101c, 34-102, 34-111, 34-121, 34-122, 34-123, 34-223, 34-227b,
34-229, 34-230, 34-230a, 34-230b, 34-231, 34233, 34-235, 34-236, 34-238,
34-241a, 34-246, 34-249a, 34-251, 34-257a, 34-273, 34-295a, 34-295b, 34-298,
34-299, 34-2,104 and 34-2,110 and K.S.A. 1996 Supp. 34-101b, 34-125, 34-228,
74-4911f, 75-3170a and 77-415 and repealing the existing sections; also
repealing K.S.A. 34-101a, 34-101d, 34-102a, 34-104, 34-105, 34-106, 34-107,
34-110, 34-112a, 34113, 34-124, 34-127, 34-224, 34-227 34-227a, 34-2,100,
75-1701, 75-1702, 75-1703, 751704, 75-1706, 75-1709 and 75-1711 and K.S.A.
1996 Supp. 34-102b, 34-103a and 34-2,108, by Committee on Agriculture.
SB 318 An act concerning the Kansas commission on veterans affairs;
establishing the Kansas veterans' home to be located on the grounds of
Winfield state hospital and training center; amending K.S.A. 73-1207,
73-1208b, 73-1210a and 75-3036a and K.S.A. 1996 Supp. 40-3414, 76-375 and
76-381 and repealing the existing sections, by Senator Goodwin.
SB 319 An act concerning crimes and punishment; relating to injury to a
pregnant woman and injury to a pregnant woman by vehicle; amending K.S.A.
21-3440 and 21-3441 and repealing the existing sections, by Senators Tyson,
Brownlee, Clark, Gilstrap, Harrington, Huelskamp, Jordan and Salmans.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to Committees as
indicated:
  Assessment and Taxation: SB 290, 295, 296.
  Commerce: SB 289, 299, 301, 305.
  Education: SB 298; HB 2015.
  Energy and Natural Resources: SB 288; SCR 1609.
  Federal and State Affairs: SB 297.
  Financial Institutions & Insurance: SB 286, 303; HB 2070, 2071, 2094.
  Judiciary: SB 287, 291, 292; SR 1815; HB 2007.
  Public Health and Welfare: SB 304.
  Transportation and Tourism: SB 293, 294; HB 2123.
  Utilities: HB 2074
  Ways and Means: SB 300, 302.

                               February 13, 1997                            139


CHANGE IN COMMITTEE

  The President appointed Senator Stan Clark to replace Senator Don Sallee on
the Joint Committee on Computers and Telecommunications.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2020, 2042, 2043, 2049, 2075, 2101.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

HB 2020, 2042, 2043, 2049, 2075, 2101 were thereupon introduced and
read by title.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

SB 15 An act concerning the Kansas life and health insurance guaranty
association act; relating to coverage of the Kansas public employees deferred
compensation plan; amending K.S.A. 40-3003  and 40-3008 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The bill passed, as amended.
Sub. for SB 24 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., 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The substitute bill passed.
SB 40 An act amending the homestead property tax refund act; amending
K.S.A. 794505 and 79-4508 and K.S.A. 1996 Supp. 79-4502 and repealing the
existing sections; also repealing K.S.A. 79-4520, 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The bill passed, as amended.
SB 55 An act concerning insurance; risk-based capital requirements;
amending K.S.A. 1996 Supp. 40-2c01 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The bill passed.
SB 57 An act concerning group life insurance; persons who may be insured;
amending K.S.A. 1996 Supp. 40-433 and repealing the existing section, was
considered on final action.

140                          JOURNAL OF THE SENATE

  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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The bill passed, as amended.
SB 110 An act concerning methods of taking wildlife; unlawful acts;
amending K.S.A. 32-1003 and repealing the existing section, was considered on
final action.
  On roll call, the vote was: Yeas 36, nays 3, 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Lawrence, Lee, Morris,
Oleen, Petty, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
  Nays: Kerr, Langworthy, Praeger.
  Absent or not voting: Sallee.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. President: I vote no on SB 110, not because whatever minor impact
it would have would be other than positive, but rather because it appears to
me to resemble a vehicle, with all its tires inflated and its engine running
for the House of Representatives to send us their version of concealed carry
of handguns.
  While I have no reluctance to deal with that issue here on the floor of the
Senate, I would hope it would be in a form designed by the Senate Federal and
State Affairs Committee. That committee has invested a great deal of time in
the concealed carry issue and I expect them to send us the best bill or
constitutional amendment they can craft. I do not want to have their work
short circuited by a motion to concur with House designed amendments to SB
110.--Dave Kerr
SB 132 An act concerning limitations on loans by banks; amending K.S.A.
1996 Supp. 9-1104 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, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Sallee.
  The bill passed.
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, was considered on final action.
  On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent
or not voting 1.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Bleeker.
  Absent or not voting: Sallee.
  The bill passed, as amended.

REPORTS OF STANDING COMMITTEES

  Committee on Commerce recommends SB 175, 227 be passed.

                               February 13, 1997                            141

  Also SB 3 be amended on page 2, in line 38, by striking all after
``authorized''; in line 39, by striking all before ``bidding'' and inserting
``after a competitive''; and the bill be passed as amended.
  Committee on Elections and Local Government recommends SB 79 be
amended on page 1, in line 33, preceding ``until'' by inserting ``as an
employee, independent contractor or subcontractor''; and the bill be passed
as amended.
  Committee on Energy and Natural Resources recommends SB 123 be
passed.
  Committee on Education recommends SB 38 be amended on page 1,
in line 22, by striking ``16'' and inserting ``18''; also in line 22, before
the comma, by inserting ``and has not attained a high school diploma or a
general educational development (GED) credential''; following line 35, by
inserting a new subsection as follows:
  ``(b)  If the child is 16 or 17 years of age, the child shall be exempt
from the compulsory attendance requirements of this section if the child and
the parent or person acting as parent attend a final counseling session
conducted by the school during which a disclaimer to encourage the child to
remain in school or to pursue educational alternatives is presented to and
signed by the child and the parent or person acting as parent. The disclaimer
shall be in substantial compliance with the following form:
                  Disclaimer for being a High School Drop-Out
The undersigned accept full responsibility for the child being a High School
Drop-Out. The undersigned furthermore release the administrators, faculty and
staff of the school from all liability with regard to any and all incidents
that may transpire because of the child being a High School Drop-Out.
Administrators, faculty and staff of the school cannot guarantee the success
of any child who drops out of school. Therefore, each parent and each person
acting as parent of a child is strongly discouraged from signing this
disclaimer and allowing the child to leave school.
By signing this disclaimer I acknowledge that a child who is a High School
Drop-Out will not have the necessary skills to survive in the 21st Century.
These skills include:
  Reading                             Responsibility
  Writing                             Self-esteem
  Arithmetic/Mathematics              Sociability
  Listening                           Self-management
  Speaking                            Being a team member
  Thinking Skills                     Being able to work with cultural
     diversity
  Decision making                     Leadership
  Problem solving                     Evaluating information
  Seeing things in the mind's eye     Interpreting information
  Knowing how to learn                Using computing to process information
__________________ (Parent or Person Acting as Parent Signature)
__________________ (Child Signature)      ____________ (Date)'';
  Also on page 1, in line 36, by striking ``(b)'' and inserting ``(c)''; in
line 43, by striking ``(c)'' and inserting ``(d)'';
  On page 2, in line 5, by striking ``(d)'' and inserting ``(e)''; in line
11, by striking ``(e)'' and inserting ``(f)'';
  On page 3, in line 24, by striking ``(f)'' and inserting ``(g)''; in line
34, by striking ``16'' and inserting ``18''; and the bill be passed as
amended.
  Committee on Public Health and Welfare recommends SB 60 be
amended on page 1, in line 16, by striking ``22'' and inserting ``23''; in
line 24, by striking ``Eight'' and inserting ``Nine''; after line 31, by
inserting the following:
  ``(C)  the Kansas youth authority shall appoint one member;'';
  Also on page 1, in line 32, by striking ``(C)'' and inserting ``(D)''; in
line 33, by striking ``(D)'' and inserting ``(E)''; in line 34, by striking
``(E)'' and inserting ``(F)'';
  On page 2, in line 7, by inserting after ``serious'' the following: ``and
persistent''; in line 8, by striking ``who are receiving or have received
mental health services''; in line 9, by striking ``parents of adult''; also
in line 9, after ``serious'' by inserting ``and persistent''; in line 10, by
striking ``parents'' and inserting ``family members''; also in line 10, after
``children''

142                          JOURNAL OF THE SENATE

by inserting ``or youth''; also in line 10, by striking ``serious'' and
inserting ``severe''; and the bill be passed as amended.
  Committee on Utilities recommends SB 177 be passed.
  Also SB 147 be amended on page 1, in line 13, by striking all after
``Section 1.''; by striking all of lines 14 and 15 and inserting ``When a
payment is made for proceeds attributable to oil or gas production, the
payment shall be accompanied by, or calculable from, the following
information which shall be submitted with the payment:''; in line 28, by
striking ``where'' and inserting ``from which''; in line 37, by striking
``Such'' and inserting ``A''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS

  SB 15, 40, 57, 110, 137 reported correctly engrossed February 13,
1997.
  On motion of Senator Emert the Senate adjourned until 12:00 Noon, Friday,
February 14, 1997.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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