J o u r n a l o f t h e S e n a t e TWENTY-FOURTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, February 14, 1997--12:00 Noon The Senate was called to order by President Dick Bond. The roll was called with thirty-six senators present. Senators Downey, Jones, Lawrence and Sallee were excused. President Bond introduced as guest chaplain, Tyrus C. Petty, Jr., Director of StormontVail Chaplaincy Social Services, Topeka, Kansas who delivered the invocation: One who has never been bewildered, who has never looked upon life and their own existence as phenomena which requires answers and yet, paradoxically, for which the only answers are new questions, can hardly understand what representative government or religious experience is. Let us pray. O, God, bless the members of this senate, that they may be both a people at peace among themselves while at the same time engaged in a healthy dialectic. To the President of the Senate, the Majority and Minority leaders, grant wisdom and grace in the exercise of their duties. To the chairs and ranking minority members of each committee give understanding, tolerance, and patience in order that all viewpoints may be articulated and examined. Imbue each committee member with a creative ability to visualize both objective and subjective reality that the best possible decisions are made for their constituents and all citizens. Finally, enable this body to model, for all state government, healthy interdependence, mutual respect, and responsible accountability. AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: SB 320 An act concerning domestic relations; relating to marriage; counseling; divorce, emergency and waiting period; amending K.S.A. 1996 Supp. 23-106, 23-108a and 60-1608 and repealing the existing sections, by Committee on Judiciary. SB 321 An act concerning the workers compensation act; relating to certain records maintained thereunder; amending K.S.A. 44-550b and repealing the existing section, by Committee on Judiciary. SB 322 An act concerning licensure and regulation of private detectives and private detective agencies; amending K.S.A. 75-7b01, 75-7b03, 75-7b04, 75-7b05, 75-7b07, 757b08, 75-7b10, 75-7b11, 75-7b13, 75-7b14, 75-7b15, 75-7b17 and 75-7b21 and repealing the existing sections; also repealing K.S.A. 75-7b16, by Committee on Federal and State Affairs. SB 323 An act concerning county clerks and election commissioners; relating to quali fications for office; amending K.S.A. 19-301 and 19-3419 and repealing the existing sections, by Committee on Federal and State Affairs. SB 324 An act concerning special education services for exceptional children; relating to the provision thereof for gifted children; providing weighting for gifted pupils under the 144 JOURNAL OF THE SENATE school district finance and quality performance act; amending K.S.A. 72-963, 72-966, 72970 and 72-972 and K.S.A. 1996 Supp. 72-978, as amended by section 120 of chapter 229 of the 1996 Session Laws of Kansas, and 72-6407 and repealing the existing sections, by Senator Brownlee. SB 325 An act concerning tourism activity; expanding the availability of tax increment financing in support thereof; amending K.S.A. 1996 Supp. 12-1771 and 12-1774 and re pealing the existing sections, by Senator Brownlee. SB 326 An act concerning civil actions; relating to worthless checks; amending K.S.A. 1996 Supp. 60-2610 and repealing the existing section, by Committee on Judiciary. SB 327 An act concerning elections; relating to the withdrawal from nomination; amend ing K.S.A. 1996 Supp. 25-306b and repealing the existing section, by Senator Harris. SB 328 An act concerning campaign finance; relating to banning certain out of state contributions to state of Kansas candidates for office; establishing penalties therefor; amend ing K.S.A. 25-4153, 25-4170 and 25-4171 and K.S.A. 1996 Supp. 25-4143, and repealing the existing sections, by Senators Huelskamp and Steineger. SB 329 An act concerning campaign finance; relating to out-of-district contributions for local candidates, by Senators Huelskamp and Steineger. SB 330 An act concerning the board of healing arts; establishing and creating health care provider profiles; establishing duties and requirements regarding the reporting, collecting, compiling and dissemination of necessary information; amending K.S.A. 65-2898a and re pealing the existing section, by Senators Huelskamp and Salmans. SB 331 An act concerning health care services; accident and sickness insurance; amend ing K.S.A. 1996 Supp. 40-2,103, 40-1909, 40-19a10, 40-19b10, 40-19c09 and 40-19d10 and repealing the existing sections; also repealing K.S.A. 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1995 Supp. 40-19a10, as amended by section 111 of chapter 229 of the 1996 Session Laws of Kansas, 40-19b10, as amended by section 112 of chapter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas and 40-19d10, as amended by section 114 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Financial Institutions and Insurance. SB 332 An act relating to motor vehicles; concerning the registration thereof; amending K.S.A. 1996 Supp. 8-143 and repealing the existing section, by Senator Lee. SB 333 An act concerning assessment of expenses by the state corporation commission; amending K.S.A. 66-1502 and repealing the existing section, by Committee on Utilities. SB 334 An act permitting the state corporation commission to conduct a demonstration project and authorize electric load aggregation in certain cases, by Committee on Utilities. SB 335 An act concerning crimes, punishment and criminal procedure; relating to ed ucation of inmates; prescribing certain duties of secretary of corrections; amending K.S.A. 1996 Supp. 21-4722, 22-3725, 75-5210 and 75-5210a and repealing the existing sections, by Senator Gooch. SB 336 An act concerning proceedings for termination of parental rights; amending K.S.A. 38-1581 and K.S.A. 1996 Supp. 38-1582 and repealing the existing sections, by Com mittee on Judiciary. SB 337 An act concerning the enterprise zone law; amending K.S.A. 1996 Supp. 7450,114 and repealing the existing section, by Senator Brownlee. SB 338 An act concerning elections; relating to campaign practices; repealing K.S.A. 254119g, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Karr, Lee, Petty and Steineger. SB 339 An act concerning election campaign finance; prohibiting contributions in elec tions for the office of insurance commissioner from certain entities; and prescribing penalties for the violation thereof, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Jones, Karr, Petty and Steineger. SB 340 An act concerning campaign finance; requiring the reporting of certain infor mation; amending K.S.A. 25-4150 and K.S.A. 1996 Supp. 25-4152 and repealing the existing sections, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Good win, Karr, Lee, Petty and Steineger. February 14, 1997 145 SB 341 An act concerning elections; relating to campaign finance; relating to the com mission on governmental standards and conduct; relating to certain reports; amending K.S.A. 25-4119a, 25-4148, 25-4158 and 46-253 and K.S.A. 1996 Supp. 25-4143 and 254157a and repealing the existing sections, by Senators Hensley, Barone, Biggs, Feleciano, Gilstrap, Gooch, Goodwin, Karr, Petty and Steineger. SB 342 An act relating to state governmental ethics; concerning conflicts of interests; requiring disclosure of certain information; amending K.S.A. 46-239 and 46-248 and K.S.A. 1996 Supp. 46-233 and repealing the existing sections, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones, Karr, Petty and Steineger. SB 343 An act concerning state governmental ethics; relating to lobbying and lobbyists; amending K.S.A. 46-232 and 46-267 and repealing the existing sections, by Senators Hen sley, Barone, Downey, Feleciano, Gilstrap, Goodwin and Steineger. SB 344 An act concerning state governmental ethics; relating to expenditure reports of lobbyists; amending K.S.A. 46-269 and repealing the existing section, by Senators Hensley, Barone, Biggs, Downey, Gilstrap, Gooch, Lee, Petty and Steineger. SB 345 An act relating to the procurement of legal services by state agencies; requiring competitive bidding on certain contracts; amending K.S.A. 59-2006, 66-1513, 75-3784, 753799 and 75-5310a and K.S.A. 1996 Supp. 40-3410, 40-3411, 44-566a, 74-545, 75-3739, 7537,102 and 76-745 and repealing the existing sections, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Lee, Petty and Steineger. SB 346 An act concerning workers compensation; amending K.S.A. 44-523, 44-534, 44557a, 44-567 and 74-713 and K.S.A. 1996 Supp. 44-510, 44-534a, 44-551 and 44-566a and repealing the existing sections, by Committee on Commerce. SB 347 An act concerning workers compensation; relating to attorney fees payable there under; the workers compensation board; and the payment of past due benefits; amending K.S.A. 20-2620, 44-536 and 44-5,120 and K.S.A. 1996 Supp. 20-2601, 44-551, 44-555c and 44-556 and repealing the existing sections, by Committee on Commerce. SB 348 An act relating to taxation; concerning the administration and prosecution of certain tax appeals; establishing the Kansas tax review commission and prescribing author ities, duties and functions therefor; abolishing the state board of tax appeals; amending K.S.A. 74-2426 and K.S.A. 1996 Supp. 74-2438, 79-213 and 79-2005 and repealing the existing sections; also repealing K.S.A. 74-2433a, 74-2433b, 74-2433c, 74-2433d, 74-2433e, 74-2434, 74-2435, 74-2436, 74-2437, 74-2437a, 74-2437b and 74-2439 and K.S.A. 1996 Supp. 74-2433, by Committee on Ways and Means. SB 349 An act concerning the Kansas public employees retirement system and systems thereunder; relating to postretirement benefit increase, by Senator Hensley. SB 350 An act relating to the public employer-employee relations act; concerning em ployee organizations; amending K.S.A. 75-4324 and repealing the existing section, by Sen ator Hensley. SB 351 An act concerning the secretary of state; relating to political activity, by Senator Hensley. SB 352 An act enacting the property tax relief act of 1997; amending K.S.A. 1996 Supp. 72-6431 and repealing the existing section; also repealing K.S.A. 1996 Supp. 72-6431a, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Jones, Lee, Petty and Steineger. SB 353 An act amending the homestead property tax refund act; amending K.S.A. 1996 Supp. 79-4502 and repealing the existing section, by Senators Hensley, Barone, Biggs, Dow ney, Feleciano, Gilstrap, Goodwin, Jones, Karr, Lee, Petty and Steineger. SB 354 An act concerning zoning; relating to nonconforming uses; amending K.S.A. 12758 and repealing the existing section, by Committee on Ways and Means. SB 355 An act concerning adverse possession of real property; amending K.S.A. 60-503 and repealing the existing section, by Senator Karr. SB 356 An act concerning divorce; relating to child support; amending K.S.A. 1996 Supp. 60-1610 and repealing the existing section, by Senators Brownlee and Harris. SB 357 An act concerning alcoholic beverages; relating to requirements of retailers and purchasers of certain containers or kegs of beer or cereal malt beverage; powers and duties 146 JOURNAL OF THE SENATE of secretary of revenue; prohibiting certain conduct and prescribing penalties therefor, by Committee on Judiciary. SB 358 An act concerning the state board of regents; relating to the membership thereof; amending K.S.A. 1996 Supp. 74-3201 and repealing the existing section, by Senator Lawrence, Barone, Bleeker, Feleciano, Harrington, Harris, Huelskamp, Salmans, Steffes, Tyson, Umbarger and Vidricksen. SB 359 An act establishing the Kansas department of education and the office of sec retary of education; providing for appointment of commissioners and state advisory boards, by Committee on Education. SB 360 An act concerning school district finance; revising certain definitions; affecting the determination of certain weightings and the determination of special education state aid; amending K.S.A. 72-978, as amended by section 120 of chapter 229 of the 1996 Session Laws of Kansas, and 72-6414 and K.S.A. 1996 Supp. 72-6407, 72-6410, 72-6412 and 726442 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 72-6412a and 726442a, by Senators Downey, Barone, Biggs, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Petty and Steineger. SB 361 An act concerning school district finance; revising certain definitions; affecting the determination of low enrollment and correlation weightings; amending K.S.A. 1996 Supp. 72-6407, 72-6412, 72-6412a, 72-6442 and 72-6442a and repealing the existing sec tions, by Senators Downey, Barone, Becker, Biggs, Bleeker, Bond, Corbin, Emert, Feleci ano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Langworthy, Oleen, Petty, Praeger, Steineger, Umbarger and Vidricksen. SB 362 An act concerning state officers and employees; relating to the state civil service; amending K.S.A. 1996 Supp. 75-2935 and repealing the existing section, by Committee on Ways and Means. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Agriculture: SB 317. Assessment and Taxation: SB 309 (separately); SB 313 (separately). Elections and Local Government: SB 310, 314; HB 2020, 2101. Energy and Natural Resources: SB 309 (separately). Federal and State Affairs: SB 306, 307. Financial Institutions & Insurance: HB 2075. Judiciary: SB 308, 311, 312, 319; HB 2042, 2043, 2049. Transportation and Tourism: SB 313 (separately). Ways and Means: SB 315, 316, 318. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Harrington introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1816-- A RESOLUTION congratulating and commending Keli Moran. WHEREAS, Keli Moran, of Derby, has been named as the 1996-97 Catholic Elementary School Distinguished Graduate by the National Catholic Educational Association; and WHEREAS, Keli Moran is a 1991 graduate of St. Mary Parish Catholic School and is currently a student at Wichita State University majoring in speech pathology and audiology; and WHEREAS, Keli Moran also teaches sign language to third grade students at St. Mary, interprets for the deaf at Friends University and works full time at the Family Medical Center in Derby; and WHEREAS, Keli Moran should be recognized for her outstanding personal and profes sional achievements and for the example she has provided for her peers: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Keli Moran for being named as the 1996-97 Catholic Elementary School Distinguished Graduate; and February 14, 1997 147 Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Mr. & Mrs. Robert (Skip) Moran, 1219 Armstrong, Derby, KS 67037. On emergency motion of Senator Harrington SR 1816 was adopted unanimously. Senator Harrington introduced Keli Moran, her parents Mr. and Mrs. Robert Moran, Derby; grandparents and fianc;aae. Senator Steineger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1817-- A RESOLUTION congratulating and commending the Metropolitan Avenue United Methodist Church. WHEREAS, The Metropolitan Avenue United Methodist Church, 3730 Metropolitan Avenue, Kansas City, Kansas, will celebrate its 110th year anniversary on June 1, 1997; and WHEREAS, The Metropolitan Avenue United Methodist Church has long been a source of spiritual support for the Kansas City, Kansas community; and WHEREAS, The Metropolitan Avenue United Methodist Church has been a leader in the provision and support of social programs for the Kansas City, Kansas community, in cluding the following activities: Furnishing financial support for the Cross-Lines Cooperative Council; Providing a meeting place for the Cancer Action Chapter; Establishing a free food pantry for needy persons; Establishing a free clothing closet--the Dorcas Room; Providing board members and volunteers for a food kitchen at the Ben Hur Masonic Lodge; Sharing our church parlor with the Hope Hispanic Baptist Mission to worship and have Sunday School; Serving as a polling place for elections; and Making quilts, by the ``Piecemakers,'' for Associated Youth Services: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Metropolitan Avenue United Methodist Church upon its 110th year anniversary; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to The Rev. Dr. Cecil Neal, Metropolitan Avenue United Methodist Church, 3730 Metropolitan Avenue, Kansas City, Kansas 66117. On emergency motion of Senator Steineger SR 1817 was adopted unanimously. REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs recommends SB 158 be not passed. Committee on Financial Institutions and Insurance recommends SB 282 be amended on page 1, in line 16, by striking ``six'' and inserting ``five''; by striking all of line 23; in line 24, by striking all preceding ``Not''; also in line 24, by striking ``voting''; and the bill be passed as amended. Committee on Ways and Means recommends SB 97, 98 be not passed. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February 17, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+