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


                               TWENTY-SEVENTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                       Wednesday, February 19, 1997--2:30 p.m.

  The Senate was called to order by Vice-President Alicia Salisbury.
  The roll was called with forty senators present.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
   Since these people became legislators, they are responsible to a variety
   of entities:
      They're responsible to their family
      And to their life's vocation;
      They're responsible to their Party
      And to their delegation.
      They're responsible to constituents
      And the Kansas Constitution;
      Taking care of all of these
      Cries out for some solution.
      In addition to all these
      They're expected to stay healthy;
      Therefore they hope that no one
      Expects them to get wealthy!
      Since they're pulled so many ways, O God,
      Show them how to be
      Responsible to all of them,
      But especially to Thee.
      I pray in Jesus' Name,
      AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were introduced and read by title:
SB 371 An act relating to the university of Kansas; concerning health
care benefits for certain state employees, by Committee on Ways and Means.
SB 372 An act relating to health care; enacting the nonprofit hospital
sale act; providing for powers, duties and functions of the secretary of
health and environment and the attorney general in administering the act,
by Committee on Ways and Means.
SB 373 An act establishing the university of Kansas hospital authority;
relating to its powers, duties and limitations; creating a board of
directors; and matters regarding employees thereof, by Committee on Ways
and Means.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Elections and Local Government: HB 2218.
  Public Health and Welfare: HB 2129, 2183, 2184, 2200.
  Transportation and Tourism: SB 370.

158                          JOURNAL OF THE SENATE


CHANGE OF REFERENCE

  Upon unanimous consent, the President withdrew SB 217 from the
Committee on Elections and Local Government, and referred the bill to the
Committee on Assessment and Taxation.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2013, 2022, 2057, 2095, 2112, 2180, 2181.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2013, 2022, 2057, 2095, 2112, 2180, 2181 were thereupon introduced and
read by title.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

SB 6 An act relating to property taxation; concerning interest rates on
refunds; amending K.S.A. 1996 Supp. 79-2005 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0;
absent or not voting 0.
  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.
  Nays: Pugh.
  The bill passed, as amended.
  SB 43, An act making and concerning appropriations for the fiscal
year ending June 30, 1997, for the department of wildlife and parks;
authorizing certain transfers, imposing certain restrictions and
limitations, and directing or authorizing certain receipts and
disbursements and acts incidental to the foregoing, was considered on final
action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0;
absent or not voting 0.
  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, Praeger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Petty.
  The bill passed.
  SB 44, An act relating to sales taxation; concerning the exemption
of certain labor services used in conjunction with the remodeling of
certain buildings and facilities; amending K.S.A. 1996 Supp. 79-3603 and
repealing the existing section, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed, as amended.
                               EXPLANATION OF VOTE
  Mr. President: I vote yes on SB 44.
  As a Democrat, I am proud to vote for a proposal that was originally made
by Democrats. I am also glad that my Republican colleagues, after rejecting
this idea in years past, have seen the wisdom of our proposal and join us
in giving those who remodel their homes and businesses a tax break.
  This bill would mean that those who make improvements in their homes and
businesses next year will pay $28 million less for those improvements, and
the building industry will get the benefit of a $28 million economic
stimulus as well.--Anthony Hensley
  SB 69, An act concerning crimes and punishment; relating to traffic
in contraband in a correctional institution; amending K.S.A. 21-3826, as
amended by section 26 of chapter 229

                               February 19, 1997                            159

of the 1996 Session Laws of Kansas, and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed, as amended.
  SB 87, An act concerning cigarettes and tobacco products; relating
to cigarette or tobacco infractions; concerning certain records of sales;
amending K.S.A. 1996 Supp. 21-3105, 223404, 22-3409, 22-3412, 22-3609a and
79-3316 and repealing the existing sections, was considered on final
action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed, as amended.
  SB 101, An act concerning civil procedure and civil actions;
relating to garnishment; amending K.S.A. 60-717 and 61-2005 and repealing
the existing sections; also amending Form No. 7a in the appendix of forms
following K.S.A. 61-2605 and repealing the existing form, was considered on
final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed.
  SB 116, An act concerning records open to the public; relating to
the access of certain material; amending K.S.A. 21-3914 and 45-220 and
repealing the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed, as amended.
  SB 122, An act concerning asbestos control; amending K.S.A.
65-5302, 65-5303 and 655308 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed.
  SB 130, An act concerning the health care data governing board;
amending K.S.A. 1996 Supp. 65-6803 and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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,

160                          JOURNAL OF THE SENATE

Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  The bill passed, as amended.
  SB 133, An act concerning certain counties; relating to planning
and zoning; amending K.S.A. 19-2958 and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed.
  SB 282, An act concerning the pooled money investment board;
relating to the membership thereof; amending K.S.A. 1996 Supp. 75-4221a and
repealing the existing section, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
  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, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  The bill passed, as amended.

REPORTS OF STANDING COMMITTEES

  The Senate Organization, Calendar and Rules Committee recommends
Senator Pugh be appointed to the Joint Committee on Administrative Rules
and Regulations to replace Senator Sallee.
  Committee on Assessment and Taxation recommends SB 142 be
amended on page 2, in line 1, by striking ``guidelines established and
administered jointly'' and inserting ``rules and regulations adopted''; in
line 2, by striking all before ``of'' and inserting ``secretary''; in line
9, after ``office'' by inserting ``or appointment as a county or district
appraiser in another county''; in line 13, by striking all after
``revenue''; in line 14, by striking all before ``necessary'' and inserting
``shall adopt rules and regulations prior to October 1, 1997,''; and the
bill be passed as amended.
  Also SB 206 be amended on page 2, in line 6, by striking all after
``county''; in line 7, by striking all before the first comma; in line 9,
by striking ``unanimous'' and inserting ``majority''; also in line 9, by
striking all after ``vote''; in line 10, by striking all before the period;
and the bill be passed as amended.
  Committee on Commerce recommends SB 152 be amended on page 1,
after line 30, by inserting the following:
  ``(c)  For purposes of determining whether one of the average wage
options described in subsection (d) below is satisfied, business
establishments located within a metropolitan county, as defined in K.S.A.
1996 Supp. 74-50,114, will be compared only to other businesses within that
metropolitan county, and business establishments located outside of a
metropolitan county will be compared to businesses within an aggregation of
counties representing the business establishment's region of the state,
which regional aggregation will exclude metropolitan counties.'';
  And by relettering subsections accordingly;
  Also on page 1, in line 32, after ``(b)'' by inserting ``, and using the
comparison method described in subsection (c),''; and the bill be passed as
amended.
  Committee on Elections and Local Government recommends SB 256
be passed.
  Committee on Energy and Natural Resources recommends SB 275
be passed and, because the committee is of the opinion that the bill is of
a noncontroversial nature, be placed on the consent calendar.
  Committee on Federal and State Affairs recommends SB 28 be
amended on page 1, by striking all in lines 18 through 35; following line
35, by inserting:

                               February 19, 1997                            161

  ``New Section 1.  The court may impose an administrative fee in the
amount of $35 against any defendant entitled to counsel pursuant to K.S.A.
22-4503, and amendments thereto. If it appears to the satisfaction of the
court that payment of the administrative fee will impose manifest hardship
on the defendant, the court may waive payment of all or part of the
administrative fee. All moneys received pursuant to this section shall be
remitted to the state treasurer at least monthly, and the state treasurer
shall deposit the same in the state treasury to the credit of the
indigents' defense services fund.'';
  Also on page 1, in line 39, by striking ``50%'' and inserting ``40%''; in
line 43, by striking all following the comma;
  On page 2, in line 1, by striking all preceding the comma and inserting
``and subsection   (b)''; following line 6, by inserting the following:
  ``(b)  Except as provided by section 2, all moneys received by the clerk
of the district court from the payment of bail forfeitures shall be
remitted to the state treasurer at least monthly. The state treasurer shall
deposit the same in the state treasury and shall credit equal portions of
such remittance to the indigents' defense services fund and the state
general fund.'';
  Also on page 2, in line 7, by striking ``(b)'' and inserting ``(c)''; in
line 24, by striking ``(c)'' and inserting ``(d)''; in line 27, by striking
``(b)'' and inserting ``(c)'';
  On page 3, in line 35, by striking ``or''; following line 35, by
inserting:
  ``(9)  order the defendant to pay the administrative fee authorized by
section 1, unless waived by the court; or'';
  Also on page 3, in line 36, by striking ``(9)'' and inserting ``(10)'';
in line 37, by striking ``(8)'' and inserting ``(9)'';
  On page 4, in line 13, by striking ``equal to the lesser of''; in line
16, by striking ``table'' and inserting ``tables'';
  On page 7, following line 18, by inserting:
  ``(9)  order the defendant to pay the administrative fee authorized by
section 1, unless waived by the court;'';
  Also on page 7, in line 19, by striking ``(9)'' and inserting ``(10)'';
in line 20, by striking ``and (8)'' and inserting ``, (8) and (9)''; in
line 21, by striking ``(10)'' and inserting ``(11)'';
  On page 9, in line 8, by striking ``equal to the lesser of''; in line 11,
by striking ``table'' and inserting ``tables'';
  On page 11, in line 12, by striking ``or''; following line 12, by
inserting the following:
  ``(13)  order the defendant to pay the administrative fee authorized by
section 1, unless waived by the court; or'';
  Also on page 11, in line 13, by striking ``(13)'' and inserting ``(14)'';
in line 41, by striking all following ``be''; in line 42, by striking
``of'';
  On page 12, in line 1, by striking ``table'' and inserting ``tables''; by
striking all of lines 3 through 43;
  On page 13, by striking all of lines 1 through 43;
  On page 14, by striking all in line 1;
  By renumbering sections 8 through 16 as sections 7 through 15,
respectively;
  On page 20, in line 33, by striking ``and''; following line 33, by
inserting:
  ``(4)  may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to section 1 unless the board finds
compelling circumstances which would render payment unworkable; and'';
  Also on page 20, in line 34, by striking ``(4) Unless'' and inserting
``(5) unless'';
  On page 22, in line 20, by striking ``such reimbursement'' and inserting
``the reimbursement required by K.S.A. 22-3717, and amendments thereto,'';
in line 30, by striking all following ``aside''; in line 31, by striking
``ment'' and inserting ``the reimbursement required by K.S.A. 22-3717, and
amendments thereto,'';
  On page 25, in line 39, by striking ``the lesser of''; in line 42, by
striking ``table'' and inserting ``tables'';
  On page 27, in line 1, following ``court'' by inserting ``by methods'';
in line 23, by striking ``a reimbursement table which sets'' and inserting
``reimbursement tables which set''; in line 24, by striking ``for providing
public defender'';
  On page 29, in line 31, by striking ``22-2802,'';

162                          JOURNAL OF THE SENATE

  In the title, in line 12, by striking all following ``21-4610,''; in line
13, by striking ``2802,''; and the bill be passed as amended.
  Committee on Financial Institutions and Insurance recommends SB
27, 225 be passed.
  Also SCR 1601 be amended by substituting a new concurrent
resolution to be designated as ``Substitute for SENATE CONCURRENT
RESOLUTION No. 1601,'' as follows:
             ``SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION No. 1601
              By Committee on Financial Institutions and Insurance
A CONCURRENT RESOLUTION establishing a task force to study the insurance
industry in Kansas in order to identify programs and actions that can be
undertaken to promote the growth of the existing industry, enhance its
financial viability and attract out-of-state insurance companies to
Kansas.``; and the substitute concurrent resolution be adopted.
  SB 32 be amended on page 2, in line 9, before ``subject'' by
inserting ``, a manufactured home or a mobile home''; and the bill be
passed as amended.
  Committee on Public Health and Welfare recommends SB 304 be
amended on page 4, in line 2, after the period, by inserting the following:
``The local review board shall report to the state review board information
acquired by the local review board as provided in rules and regulations
adopted by the state review board.''; and the bill be passed as amended.
  Committee on Ways and Means recommends SB 5 be amended on
page 2, in line 9, after the comma, by striking ``and''; in line 10, before
the period, by inserting ``and the chairperson of the Kansas performance
review board''; in line 32, after the comma, by striking ``and''; in line
33, before the period, by inserting ``and the chairperson of the Kansas
performance review board'';
  On page 3, in line 17, after the comma, by striking ``and''; in line 19,
before the period, by inserting ``and the chairperson of the Kansas
performance review board''; in line 36, by striking ``Any state agency''
and inserting ``The director of purchases''; in line 37, following the
stricken material, by inserting ``authorize state agencies'';
  On page 4, following line 11, by inserting a subsection as follows:
  ``(k)  The director of purchases shall prepare a detailed report at least
once each calendar quarter of all contracts for services, supplies,
materials or equipment entered into pursuant to subsection (h), (i) or (j)
and submit it to the legislative coordinating council, the chairperson of
the committee on ways and means of the senate, the chairperson of the
committee on appropriations of the house of representatives and the
chairperson of the Kansas performance review board.'';
  Also on page 4, in line 12, by striking ``(k)'' and inserting ``(l)''; in
line 19, by striking ``(l)'' and inserting ``(m)''; and the bill be passed
as amended.
  Also SB 186 be amended on page 1, in line 16, after ``facilities''
by inserting ``and for campus transportation systems''; in line 21, after
``facilities'' by inserting ``for vehicles''; in line 22, by striking ``for
vehicles''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS

  SB 6, 44, 69, 87, 116, 130, 282 reported correctly engrossed
February 19, 1997.

COMMITTEE OF THE WHOLE

  On motion of Senator Emert, the senate resolved itself into Committee of
the Whole for consideration of bills on the calendar under the heading of
General Orders with Senator Lee in the chair.
  On motion of Senator Lee the following report was adopted:
  Recommended that SB 95, 121, 169, 184 be passed.
  Also, SB 9, 60, 73, 111, 117 be amended by adoption of the
committee amendments and the bills be passed as amended.
  SB 106 be amended by motion of Senator Brownlee on page 1, line 14,
by striking out all language after the word property, all of line 15, 16
and 17 to and including the comma following the word ``act'', and the bill
be passed as amended.
  SB 93 be amended by adoption of the committee amendments, be
further amended by motion of Senator Steffes as amended by Senate
Committee, on page 11, in line 18, before

                               February 19, 1997                            163

the period by inserting ``, including the determination of a valuation of
the insurer'', and the bill be passed as further amended.
  SB 127 be passed over and retain a place on the calendar.
  On motion of Senator Emert the Senate adjourned until 2:30 p.m.,
Thursday, February 20, 1997.

                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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