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


                               TWENTY-EIGHTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                        Thursday, February 20, 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 Ranson was excused.
  Invocation by Chaplain Fred S. Hollomon:
     Heavenly Father,
     One of the challenges I encounter here is keeping up with the variety of
   subjects our bills address.
     It seems that regardless of how many bills we consider in committee, I am
   always being asked about one which we did not consider.
         I'm supposed to be familiar
         With the bill on License Plates,
         And also be conversant
         with the bill on Market Rates.
         I should know all about the bill
         Concerning Foreign Corporations,
         And be familiar with the one
         About Domestic Relations.
         Concerning Sewage Discharge
         I should know the facts,
         And all there is to know
         About the Air Quality Act.
         Help folks to understand, O God,
         How fast the time does go,
         And I can't always recall
         Everything that I should know.
     I pray in the Name of Christ,
         AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bill was introduced and read by title:
SB 374 An act concerning interior designers; providing for the registration
thereof; prescribing the powers and duties of the board of technical
professions in relation thereto; amending K.S.A. 74-7005 and 74-7006 and
repealing the existing sections, by Committee on Federal and State Affairs.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Commerce: HB 2022.
  Education: HB 2095, 2112.
  Financial Institutions & Insurance: SB 372; HB 2057.

                               February 20, 1997                            165

  Judiciary: HB 2013.
  Public Health and Welfare: HB 2180, 2181.
  Ways and Means: SB 371, 373.

COMMUNICATIONS FROM STATE OFFICERS

                          DEPARTMENT OF ADMINISTRATION
                               February 17, 1997
  Shirley A. Moses, Director, Division of Accounts and Reports, submitted the
State of Kansas Monthly Financial Report for the month of January, 1997.
                         KANSAS HUMAN RIGHTS COMMISSION
                               February 18, 1997
  Robert G. Lay, Executive Director, in accordance with the provisions of
K.S.A. 44-1004 (13), submitted a copy of the annual report of the Kansas Human
Rights Commission for Fiscal Year 1996.
  The President announced the above reports are on file in the office of the
Secretary of the Senate and are available for review at any time.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2080, 2098, 2269.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2080, 2098, 2269 were thereupon introduced and read by title.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  SB 9,  An act enacting the uniform partnership act (1994); repealing
K.S.A. 56-301 through 56-344, 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.
  SB 60,  An act concerning the Governor's mental health services planning
council; relating to size, composition and terms of the council; amending
K.S.A. 39-1605 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.
  SB 73,  An act concerning income withholding for criminal costs, fines
and restitution; amending K.S.A. 21-4607, 21-4610, 21-4610a and 22-3801 and
K.S.A. 1996 Supp. 21-4603d and repealing the existing sections, was considered
on final action.
  On roll call, the vote was: Yeas 35, nays 4, present and passing 0; absent or
not voting 1.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley,
Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen.
  Nays: Clark, Huelskamp, Pugh, Tyson.
  Absent or not voting: Ranson.
  The bill passed, as amended.

166                          JOURNAL OF THE SENATE

  SB 93,  An act concerning insurance; conversion of mutual insurer to
stock insurer; amending K.S.A. 40-4001, 40-4002, 40-4004, 40-4005, 40-4006,
40-4007, 40-4008, 40-4009, 40-4010, 40-4011, 40-4012, 40-4013 and 40-4014 and
repealing the existing sections; also repealing K.S.A. 40-4003, 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.
  SB 95,  An act concerning domestic relations; relating to divorce; child
placement investigator's report, dissemination; amending K.S.A. 60-1615 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed.
  SB 106,  An act concerning conservators; relating to making of gifts in
certain circumstances, 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.
  SB 111,  An act concerning the reporting of certain medically diagnosed
conditions of preschool children to the secretary of health and environment;
amending K.S.A. 65-1,151 and repealing the existing section; also repealing
K.S.A. 65-1,141, 65-1,142, 65-1,143, 651,144, 65-1,145, 65-1,146 and 65-1,147,
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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.
  SB 117,  An act relating to motor vehicles; providing for license plates
for recipients of the congressional medal of honor; amending K.S.A. 1996 Supp.
8-1,141 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed, as amended.

                               February 20, 1997                            167

  SB 121,  An act concerning the compliance advisory panel for the small
business assistance program under the Kansas air quality act; amending K.S.A.
1996 Supp. 65-3027 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed.
  SB 169,  An act relating to drivers' licenses and nondriver
identification cards; required contents; amending K.S.A. 8-1329 and K.S.A. 1996
Supp. 8-243 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, Pugh, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Ranson.
  The bill passed.
  SB 184,  An act authorizing cities located within Labette county to
impose a retailers' sales tax; amending K.S.A. 1996 Supp. 12-188 and repealing
the existing section, was considered on final action.
  On roll call, the vote was: Yeas 34, nays 5, present and passing 0; absent or
not voting 1.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Gilstrap, Harris, Huelskamp, Petty, Pugh.
  Absent or not voting: Ranson.
  The bill passed.

REPORTS OF STANDING COMMITTEES

  Committee on Commerce begs leave to submit the following report:
  The following appointment was referred to and considered by the committee and
your committee recommends that the Senate approve and consent to such
appointment:
  By the Governor:
Kansas Development Finance Authority: K.S.A. 74-8903
  Thomas A. Page, term expires January 15, 2001
  Committee on Elections and Local Government recommends SB 190,
205 be passed.
  Committee on Financial Institutions and Insurance begs leave to submit
the following report:
  The following appointment was referred to and considered by the committee and
your committee recommends that the Senate approve and consent to such
appointment:
  By the Governor:
Pooled Money Investment Board: K.S.A. 75-4221a
  Robert J. McAdoo, term expires March 15, 2000
  Also SB 185 be amended by substituting a new bill to be designated as
``Substitute for SENATE BILL No. 185,'' as follows:

168                          JOURNAL OF THE SENATE

                      ``SUBSTITUTE FOR SENATE BILL No. 185
              By Committee on Financial Institutions and Insurance
``AN ACT concerning the uniform commercial code; authorizing rules and
regulations.''; and the substitute bill be passed.
  Committee on Judiciary recommends SB 262, 263 be passed and, because the
committee is of the opinion that the bills are of a noncontroversial nature, be
placed on the consent calendar.
  Also SB 261 be amended on page 1, in line 40, by striking ``trade'' and
inserting ``commercial''; and the bill be passed as amended.
  SB 264 be amended on page 3, in line 40, by striking ``continues'' and
inserting ``continued''; and the bill be passed as amended.
  Committee on Public Health and Welfare recommends SB 244 be
passed.
  Also SB 245 be amended on page 1, in line 30, by striking ``, his'' and
inserting ``or such patient's''; by striking all in lines 34 through 43;
  On page 2, by striking all in lines 1 through 6 and inserting in lieu thereof
the following:
  ``(c)  In the event the claimed lien is for the sum of $5000 or less it shall
be fully enforceable as contemplated by subsection (a) of this section. In the
event the claimed lien is for a sum in excess of $5,000 the first $5,000 of the
claimed lien shall be fully enforceable as contemplated by subsection (a) of
this section, and that part of the claimed lien in excess of $5,000 shall only
be enforceable to the extent that its enforcement constitutes an equitable
distribution of any settlement or judgment under the circumstances. In the
event the patient or such patient's heirs or personal representatives and the
hospital or hospitals cannot stipulate to an equitable distribution of a
proposed or actual settlement or a judgment, the matter shall be submitted to
the court in which the claim is pending, or if no action is pending then to any
court having jurisdiction and venue of the injury or death claim, for
determination of an equitable distribution of the proposed or actual settlement
or judgment under the circumstances.''; and the bill be passed as amended.
  Committee on Transportation and Tourism recommends SB 166 be
amended on page 2, in line 17, following ``name'' by inserting ``, age''; on
page 3, in line 23, by striking ``statute book'' and inserting ``Kansas
register''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS

  SB 9, 60, 73, 93, 106, 111, 117 reported correctly engrossed February
20, 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 Steffes in the chair.
  On motion of Senator Steffes the following report was adopted:
  Recommended that SB 123, 131, 175, 177, 227, 240 be passed.
  Also, SB 3, 229 be amended by adoption of the committee amendments and
the bills be passed as amended.
  SB 136 be amended by motion of Senator Oleen on page 1, lines 27, 32,
by striking out ``director'' after the word ``the'' and inserting the word
``Bureau'', and the bill be passed as amended.
  SB 174 be amended by motion of Senator Vidricksen on page 7, preceding
line 1, by inserting the following:
  ``Sec. 3.  K.S.A. 32-1131 is hereby amended to read as follows: 32-1131. (a)
No person shall operate or attempt to operate any vessel within this state
while:
  (1)  The alcohol concentration in the person's blood or breath, at the time
or within two hours after the person operated or attempted to operate the
vessel, is .08 or more;
  (2)  the alcohol concentration in the person's blood or breath, at the
time or within two hours after the person operated or attempted to operate the
vessel is .02 or more and the person is less than 21 years of age;
  (3)  under the influence of alcohol;
  (3) (4)  under the influence of any drug or combination of drugs
to a degree that renders the person incapable of safely operating a vessel; or

                               February 20, 1997                            169

  (4) (5)  under the influence of a combination of alcohol and any
drug or drugs to a degree that renders the person incapable of safely operating
a vessel.
  (b)  No person shall operate or attempt to operate any vessel within this
state if the person is a habitual user of any narcotic, hypnotic, somnifacient
or stimulating drug.
  (c)  If a person is charged with a violation of this section involving drugs,
the fact that the person is or has been entitled to use the drug under the laws
of this state shall not constitute a defense against the charge.
  (d)  No person shall operate or attempt to operate any vessel within this
state for three months after the date of refusal of submitting to a test if
such person refuses to submit to a test pursuant to K.S.A. 32-1132, and
amendments thereto.
  (e)  Violation of this section is a misdemeanor punishable:
  (1)  On the first conviction, by imprisonment of not more than one year or a
fine of not less than $100 nor more than $500, or both; and
  (2)  on the second or a subsequent conviction, by imprisonment for not less
than 90 days nor more than one year and, in the court's discretion, a fine
not exceeding of not less than $100 nor more than $500.
  (f)  In addition to any other penalties prescribed by law or rule and
regulation, any person convicted of a violation of this section shall be
required to satisfactorily complete a boater safety education course of
instruction approved by the secretary before such person subsequently operates
or attempts to operate any vessel.
  Sec. 4.  K.S.A. 32-1134 is hereby amended to read as follows: 32-1134. In any
criminal prosecution for violation of the laws of this state relating to
operating or attempting to operate a vessel while under the influence of
alcohol or drugs, or both, or the commission of manslaughter while under the
influence of alcohol or drugs, or both, or in any prosecution for a violation
of a city ordinance relating to the operation or attempted operation of a
vessel while under the influence of alcohol or drugs, or both, evidence of the
concentration of alcohol or drugs in the defendant's blood, urine, breath or
other bodily substance may be admitted and shall give rise to the following:
  (a)  If the alcohol concentration is less than .10 .08, that fact
may be considered with other competent evidence to determine if the defendant
was under the influence of alcohol, or both alcohol and drugs.
  (b)  If the alcohol concentration is .10 .08 or more, it shall be
prima facie evidence that the defendant was under the influence of alcohol to a
degree that renders the person incapable of safely operating a vessel.
  (c)  If there was present in the defendant's bodily substance any narcotic,
hypnotic, somnifacient, stimulating or other drug which has the capacity to
render the defendant incapable of safely operating a vessel, that fact may be
considered to determine if the defendant was under the influence of drugs, or
both alcohol and drugs, to a degree that renders the defendant incapable of
safely operating a vessel.
  New Sec. 5.  A law enforcement officer may request a person who is operating
or attempting to operate a vessel within this state to submit to a preliminary
screening test of the person's breath to determine the alcohol concentration of
the person's breath if the officer has reasonable grounds to believe that the
person: (a) Has alcohol in the person's body; (b) has committed a boating law
violation; or (c) has been involved in a vessel accident or collision. At the
time the test is requested, the person shall be given oral notice that: (1)
There is no right to consult with an attorney regarding whether to submit to
testing; (2) refusal to submit to testing is a class C misdemeanor; and (3)
further testing may be required after the preliminary screening test. Failure
to provide the notice shall not be an issue or defense in any action. The law
enforcement officer then shall request the person to submit to the test.
Refusal to take and complete the test as requested is a class C misdemeanor. If
the person submits to the test, the results shall be used for the purpose of
assisting law enforcement officers in determining whether an arrest should be
made and whether to request the tests authorized by K.S.A. 32-1132 and
amendments thereto. A law enforcement officer may arrest a person based in
whole or in part upon the results of a preliminary screening test. Such results
shall not be admissible in any civil or criminal action except to aid the court
or hearing officer in determining a challenge to the validity of the arrest or
the validity of the request to submit to a test pursuant to K.S.A. 32-1132 and
amendments

170                          JOURNAL OF THE SENATE

thereto. Following the preliminary screening test, additional tests may be
requested pursuant to K.S.A. 32-1132 and amendments thereto.'';
  Also on page 7, in line 1, following ``K.S.A.'' by inserting ``32-1131 and
32-1134 and K.S.A.'';
  And by renumbering sections accordingly;
  On page 1, in the title, in line 9, by striking ``driving under the
influence'' and inserting ``alcohol or drugs''; in line 10, by striking
``amending'' and inserting ``concerning boating under the influence; amending
K.S.A. 32-1131 and 32-1134 and'', and the bill be passed as amended.
  SB 29 be amended by adoption of the committee amendments, be further
amended by motion of Senator Oleen as Amended by Senate Committee, on page 5,
in line 26, by striking all after the period; by striking all in lines 30
through 33;
  On page 6, in line 7, following ``ramp'' by inserting ``or handicap
accessible curb cut.''
  The bill also be amended by motion of Senator Feleciano on page 5, line 11,
by striking out all after the word ``upon'' and in line 12, before the words
``the death'', and the bill be passed as further amended.
  SB 144 be amended by adoption of the committee amendments, be further
amended by motion of Senator Hardenburger as amended by Senate Committee, on
page 1, in line 18, by striking ``a portion'' and inserting ``not to exceed
15%''; in line 21, by striking all after the period; by striking all in lines
22 and 23; in line 24, by striking all before ``The'';
  On page 2, in line 5, by striking ``a portion'' and inserting ``not to exceed
15%''; in line 8, by striking all after the period; by striking all in lines 9
and 10; in line 11, by striking ``$25,000.'', and the bill be passed as
amended.
  SB 147 be amended by adoption of the committee amendments, be further
amended by motion of Senator Emert on page 1, line 43, by striking out all of
Sec. 4 through line 2, page 2, and re-numbering accordingly, and the bill be
passed as further amended.
  SB 79 be amended by adoption of the committee amendments. An amendment
was offered and withdrawn. The Committee then recommended SB 79 be
referred to the Committee on Ways and Means.
  Also SB 208, SCR 1608 be passed over and retain a place on the
calendar.
  On motion of Senator Emert the Senate adjourned until 12:00 Noon, Friday,
February 21, 1997.