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


                                TWENTY-FIFTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                          Monday, February 17, 1997--2:30 p.m.

  The Senate was called to order by Vice-President Alicia Salisbury.
  The roll was called with thirty-eight senators present.
  Senator Biggs was excused.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
     As the pace quickens, the days get longer and the nights grow shorter,
   tension and fatigue begin to take their toll.
     Those little irritations which we took in stride at the beginning start
   becoming big aggravations.
     Disappointments tend to appear as disasters.
     Accidental behavior starts looking intentional.
     Minor calamities blossom into major catastrophes.
     Small concerns look like large problems.
     Innocent remarks sound like personal attacks.
     Help us not to let ordinary fireworks erupt into extraordinary
   explosions.
   Because we should be aware by now that . . . . .
     Normally calm people do lose their temper.
     Something will go wrong more than once.
     Someone will disappoint us.
     Apparently simple things will turn out to be complicated.
     Ordinarily reliable people will have relapses.
     So when we start getting bent out of shape over adverse circumstances,
   remind us of the One whose closest associates deserted Him, whose closest
   friend denied Him, in whose treasurer betrayed Him.
   I pray in the Name of Christ,
   AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were introduced and read by title:
SB 363 An act relating to funding and administration of death benefits for
certain state officers or employees; authorizing the secretary of
administration to provide such benefits, by Committee on Ways and Means.
SB 364 An act concerning civil procedure and civil actions; relating to
garnishment; amending K.S.A. 60-717 and 61-2005 and K.S.A. 1996 Supp. 60-2310
and repealing the existing sections, by Committee on Ways and Means.
SB 365 An act changing the name of the office of state and extension
forestry to the Kansas forest service; relating to the powers and duties
thereof; amending K.S.A. 1996 Supp. 76-425a, 76-425c, 76-425d, 76-425f and
82a-326 and repealing the existing sections, by Committee on Federal and
State Affairs.

                               February 17, 1997                            149

SB 366 An act concerning certain water districts; relating to the
organization and establishment thereof; amending K.S.A. 19-3502 and repealing
the existing section, by Committee on Federal and State Affairs.
SB 367 An act concerning mortgage registration fees; relating to the
heritage trust fund; amending K.S.A. 1996 Supp. 79-3102 and 79-3107b and
repealing the existing sections, by Committee on Federal and State Affairs.
SB 368 An act concerning the Riley county law enforcement agency; relating
to membership therein and the financing thereof; amending K.S.A. 19-4427 and
19-4443 and repealing the existing sections, by Committee on Federal and
State Affairs.
SB 369 An act concerning school district finance; revising the definition
of local effort; affecting the determination of general state aid;
authorizing adoption of supplemental general fund budgets; amending K.S.A.
72-6416 and K.S.A. 1996 Supp. 72-6410, 72-6431 and 72-6438 and repealing the
existing sections; also repealing K.S.A. 72-6434 and 72-6435 and K.S.A. 1996
Supp. 72-6431a, 72-6433 and 72-6433a, by Committee on Federal and State
Affairs.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Assessment and Taxation: SB 325, 348, 352, 353.
  Commerce: SB 321, 337, 346, 347.
  Education: SB 324, 358, 359, 360, 361.
  Elections and Local Government: SB 323, 327, 328, 329, 338, 339, 340,
341, 342, 343, 344, 351, 354.
  Federal and State Affairs: SB 322, 357.
  Financial Institutions & Insurance: SB 331.
  Judiciary: SB 320, 326, 335, 336, 355, 356.
  Public Health and Welfare: SB 330.
  Transportation and Tourism: SB 332.
  Utilities: SB 333, 334.
  Ways and Means: SB 345, 349, 350, 362.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2055, 2056, 2058; House Substitute for HB 2081;
HB 2104, 2137, 2199, 2216.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2055, 2056, 2058; House Substitute for HB 2081; HB 2104, 2137, 2199,
2216 were thereupon introduced and read by title.

REPORTS OF STANDING COMMITTEES

  Committee on Commerce recommends SB 136 be passed.
  Committee on Elections and Local Government recommends SB 144
be amended on page 1, in line 17, by striking ``not to exceed 10%'' and
inserting ``a portion''; in line 19, by striking ``fire or explosion.'' and
inserting ``fire, explosion or windstorm. The maximum amount of any payment
authorized by this section shall not exceed: Twenty percent on the first
$25,000, or fraction thereof, and 10% on any amount in excess of $25,000.'';
in line 27, by striking ``10% of the covered claim payment'' and inserting
``the amount authorized pursuant to subsection (a)''; by striking all in line
40 and inserting:
  ``Sec. 2.  K.S.A. 40-3903 is hereby amended to read as follows: 40-3903.
(a) The governing body of any county is hereby authorized to establish, by
resolution, a procedure for the payment of $5,000 or 10%, whichever is
less, a portion of the proceeds of any insurance policy based upon a
covered claim payment made for damage or loss to a building or other
structure, caused by or arising out of any fire or, explosion.
This or windstorm. The maximum amount of any payment authorized by this
section shall not exceed: Twenty percent on the first $25,000, or fraction
thereof, and 10% on any amount in excess of $25,000. The resolution shall
not apply to cities which have adopted an ordinance under the provisions of
K.S.A. 40-3901, and amendments thereto. The resolution shall apply only
to a covered

150                          JOURNAL OF THE SENATE

claim payment which is in excess of 75% of the face value of the policy
covering a building or other insured structure.
  (b)  The insurer shall first shall pay all amounts due the
holder of a first real estate mortgage against the building or other
structure pursuant to the terms of the policy and endorsements thereto and
then shall withhold from the covered claim payment of the sum of $5,000 or
10% of the covered claim payment, whichever is less, not to exceed the
amount authorized pursuant to subsection (a) and shall pay such moneys to
the county to deposit into an interest-bearing account, unless the city has
issued a certificate pursuant to K.S.A. 40-3906, and amendments
thereto.
  (c)  The county shall release the insured's proceeds and any interest which
has accrued on such proceeds received under subsection (b) within 30 days
after receipt of such moneys, unless the county has instituted legal
proceedings, using the procedure under K.S.A. 121752, and amendments
thereto insofar as same can be made applicable. If the county has
instituted legal proceedings, all moneys in excess of that necessary for the
removal of the building or structure, less salvage value, shall be paid to
the insured.
  Sec. 3.  K.S.A. 40-3901 and 40-3903 are hereby repealed.'';
  By renumbering section 3 as section 4;
  In the title, in line 9, following ``cities'' by inserting ``and
counties''; in line 10, following ``40-3901'' by inserting ``and 40-3903'';
in line 11, by striking ``section'' and inserting ``sections''; and the bill
be passed as amended.
  Committee on Energy and Natural Resources recommends SB 208 be
passed.
  Also SCR 1608 be amended on page 2, in line 7, after ``beginning'' by
inserting ``consideration of''; and the concurrent resolution be adopted as
amended.
  Committee on Financial Institutions and Insurance recommends SB
238 be amended on page 1, in line 16, preceding ``The'' by inserting
``(a)''; in line 18, by striking ``shall'' where it appears for the first
time and inserting ``may''; also in line 18, by striking ``by 9:00 a.m.''; in
line 21, by striking ``section 2'' and inserting ``subsection (b)''; in line
29, by striking all before ``deter-'' and inserting
  ``(b)  The market rate shall be'';
  And by renumbering sections accordingly; and the bill be passed as amended.

REPORT ON ENROLLED BILLS

  SR 1816, 1817 reported correctly enrolled, properly signed and presented to
the Secretary of the Senate on February 17, 1997.
  On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday,
February 18, 1997.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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