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


                                 THIRTIETH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                          Monday, February 24, 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 Harris was excused.
  The President introduced as guest chaplain, the Rev. Harry Jennings, retired
Baptist minister, Harper, Kansas, who delivered the invocation:
     Dear Heavenly Father, as this assembly has mustered before men, we pause
   to muster before you. As President Eisenhower said ``Prayer is a
   necessity.'' You are our creator and we acknowledge our accountability to
   you. We come as you instructed your disciples in the pattern prayer called
   the Lord's Prayer. We come asking for your presence to reign over this
   assembly and each of us as individuals for this day.
     We pray for your inspiration and illumination concerning your will for
   the issues and affairs to be dealt with, that your will be done in our
   districts and in our state as it is in heaven. For as the apostle Paul
   said, ``That no matter how things appear to us, in the end it is your will
   that will prove to be acceptable, good and perfect.'' Senator Carlson said
   ``The issue is never who is right but what is right.''
     May the reflections that come from this senate today reflect your caring
   spirit, may it encourage those going through hard times and situations,
   and may it provide light for those in the valley of despair.
     Bless each of the senators, officers and their families for their time
   and service for our state. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were introduced and read by title:
SB 376 An act concerning the Kansas civil service act; relating to certain
state officers and employees in the classified and unclassified service
thereunder; concerning the state board of indigents' defense services;
amending K.S.A. 22-4524 and repealing the existing section, by Committee on
Ways and Means.
SB 377 An act enacting the savings bank act; jurisdiction and duties of
bank commissioner, by Committee on Ways and Means.
SB 378 An act concerning insurance; relating to insurance fraud;
prohibiting certain acts and prescribing penalties therefor; repealing K.S.A.
40-417 and K.S.A. 1996 Supp. 40-2,118, by Committee on Ways and Means.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolution were referred to Committees as
indicated:
  Assessment and Taxation: HB 2031 (separately).
  Education: HB 2031 (separately).
  Elections and Local Government: SCR 1610.
  Judiciary: SB 375.
  Public Health and Welfare: HB 2288.

                               February 24, 1997                            175


MESSAGE FROM THE HOUSE

   Announcing passage of HB 2026, 2065, 2108, 2167, 2176, 2182, 2245, 2279.
  Also, passage of SB 62, 77.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2026, 2065, 2108, 2167, 2176, 2182, 2245, 2279 were
thereupon introduced and read by title.

FINAL ACTION ON CONSENT CALENDAR

  SB 173, 237, 259, 275, 303 having appeared on the Consent Calendar for the
required two full legislative days without objection from any member, were
considered on final action.
  SB 173,  An act relating to the Kansas highway patrol; concerning the
sale of personal sidearms, 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 237,  An act concerning the migratory waterfowl stamp; amending
K.S.A. 32-939 and repealing the existing section; also repealing K.S.A.
32-940, 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 259,  An act concerning criminal procedure; relating to preliminary
examinations; admissibility of report of forensic examiner; amending K.S.A.
1996 Supp. 22-2902a 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 275,  An act authorizing the secretary of state to grant an
easement to Finney county for the purpose of construction and maintenance of
a stream crossing, 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 303,  An act concerning health care provider liability insurance;
discontinuing making of assessments; amending K.S.A. 40-12a02, 40-12a04,
40-12a05, 40-12a06 and 40-12a08 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.

176                          JOURNAL OF THE SENATE

  Absent or not voting: Harris.
  The bill passed.
	FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
  SB 3,  An act concerning workers compensation and health benefits
insurance; providing for the establishment of 24-hour coverage pilot projects
for insurance coverage for employers in the state of Kansas, was considered
on final action.
  On roll call, the vote was: Yeas 26, nays 13, present and passing 0; absent
or not voting 1.
  Yeas: Barone, Becker, Biggs, Bond, Clark, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Karr, Langworthy,
Lee, Morris, Oleen, Petty, Praeger, Salisbury, Schraad, Steffes, Steineger,
Vidricksen.
  Nays: Bleeker, Brownlee, Corbin, Harrington, Huelskamp, Jordan, Kerr,
Lawrence, Pugh, Ranson, Salmans, Tyson, Umbarger.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 29,  An act concerning persons with a disability; relating to
accessible parking; amending K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-142,
8-1,125, 8-1,128, 8-1,129 and 81,130a 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 123,  An act concerning regulation of discharges of sewage;
amending K.S.A. 65-164 and 65-165 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 131,  An act concerning school districts; relating to policies for
the use of school buses for purposes other than pupil transportation;
amending K.S.A. 1996 Supp. 72-8316 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 136,  An act concerning the criminal history record information on
independent contractors; amending K.S.A. 1996 Supp. 22-4710 and repealing the
existing section, was considered on final action.
  On roll call, the vote was: Yeas 37, nays 2, 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Umbarger, Vidricksen.
  Nays: Oleen, Tyson.
  Absent or not voting: Harris.
  The bill passed, as amended.

                               February 24, 1997                            177

                              EXPLANATION OF VOTE
  Mr. President: SB 136 has good intentions, as did the bill last year
pertaining to background checks for contractors. However, the $10.00
background checks cannot identify convicted felons in other states or
expunged records in Kansas. The ``safety assurance'' is not there for our
homes and businesses.
  In addition, the application of this bill allows background checks on some
people without their knowledge, which I consider an invasion of privacy. I
vote NO on SB 136.--Lana Oleen
  Senator Tyson requests the record to show he concurs with the ``Explanation
of Vote'' offered by Senator Oleen on SB 136.
  SB 144,  An act concerning cities and counties; relating to the
payment of the proceeds of fire insurance policies; amending K.S.A. 40-3901
and 40-3903 and repealing the existing sections, 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,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Vidricksen.
  Nays: Huelskamp, Pugh, Umbarger.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 147,  An act relating to oil and gas; prescribing information to be
included with payments to interest owners from sales of oil and gas, 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, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  Nays: Emert, Feleciano, Lawrence.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 174,  An act concerning alcohol or drugs; relating to refusal to
submit to a preliminary breath test; concerning boating under the influence;
amending K.S.A. 32-1131 and 32-1134 and K.S.A. 1996 Supp. 8-1012 and 8-2118
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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 175,  An act concerning foreign corporations; amending K.S.A.
17-7301 and 17-7505 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 177,  An act relating to the corporation commission; time to issue
reconsideration order; amending K.S.A. 1996 Supp. 66-118b 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.

178                          JOURNAL OF THE SENATE

  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 227,  An act concerning annual reports of business associations;
amending K.S.A. 172718, 17-7503, 17-7504, 17-7505, 17-7647, 17-7648, 56-1a606
and 56-1a607 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed.
  SB 229,  An act concerning the health care provider insurance
availability act; amending K.S.A. 40-3408 and K.S.A. 1996 Supp. 40-3402,
40-3403 and 40-3404 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,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Absent or not voting: Harris.
  The bill passed, as amended.
  SB 240,  An act concerning treatment facilities; disclosure of certain
communications; amending K.S.A. 1996 Supp. 65-5603 and repealing the existing
section, 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, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Huelskamp.
  Absent or not voting: Harris.
  The bill passed.

REPORTS OF STANDING COMMITTEES

  Committee on Agriculture recommends SB 365 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
  Also SB 149 be amended on page 1, in line 14, by striking
``Commission'' and inserting ``Council''; also in line 14, by striking
``commission'' and inserting ``council''; by striking all in lines 15 and 16;
in line 17, by striking ``(c)'' and inserting ``(b)''; in line 20, by
striking ``(d)'' and inserting ``(c)''; in line 22, by striking ``com-''; in
line 23, by striking ``mission'' and inserting ``council''; in line 24, by
striking ``commission'' and inserting ``council''; in line 27, by striking
``commission'' where it appears for the first time and inserting ``council'';
also in line 27, by striking ``commission'' where it appears for the last
time and inserting ``council''; in line 30, after ``seedsmen'' and inserting
``or representatives of seed product development, distribution and
production''; also in line 30, by striking ``commission'' and inserting
``council''; in line 31, by striking ``com-''; in line 32, by striking
``mission'' and inserting ``council''; in line 33, by striking ``commission''
and inserting ``council''; in line 37, by striking ``commission'' and
inserting ``council''; in line 38, by striking ``commission'' and inserting
``council''; in line 39, by striking ``commission'' and inserting
``council''; in line 40, after the period, by inserting ``Members of the
council shall include representatives of seed product development,
distribution and production.''; in line 42, after ``seedsmen'' by inserting
``or

                               February 24, 1997                            179

representatives of seed product development, distribution and production'';
in line 43, after ``seedsmen'' by inserting ``and representatives of seed
product development, distribution and production'';
  On page 2, in line 4, after ``resentative'' by inserting ``and the director
of the agricultural products development division of the department of
commerce and housing or the director's representative''; also in line 4, by
striking ``an''; also in line 4, by striking ``member'' and inserting
``members''; also in line 4, by striking ``commis-''; in line 5, by striking
``sion'' and inserting ``council''; in line 6, by striking ``commission'' and
inserting ``council''; in line 8, by striking ``commission'' and inserting
``council''; in line 9, by striking ``commission'' and inserting ``council'';
in line 10, by striking ``commission'' and inserting ``council''; in line 11,
by striking ``commission'' and inserting ``council''; in line 12, by striking
``commission'' and inserting ``council''; in line 14, by striking
``commission'' and inserting ``council''; in line 15, by striking
``commission'' and inserting ``council''; in line 16, by striking
``commission'' and inserting ``council''; in line 18, by striking
``commission'' and inserting ``council''; in line 21, by striking
``commission'' where it appears for the first time and inserting ``council'';
also in line 21, by striking ``commission'' where it appears for the last
time and inserting ``council''; in line 22, by striking ``commission'' and
inserting ``council''; in line 23, by striking ``commission'' and inserting
``council''; in line 24, by striking ``commission'' and inserting
``council''; in line 33, by striking ``commission'' and inserting
``council''; in line 38, by striking ``commission'' and inserting
``council''; in line 42, by striking ``commission'' and inserting
``council'';
  On page 3, in line 4, by striking ``commission'' and inserting ``council'';
in line 5, by striking ``commission's'' and inserting ``council's''; in line
6, by striking ``commission'' and inserting ``council''; in line 8, by
striking ``$75'' and inserting ``$150''; also in line 8, by striking
``commission'' and inserting ``council''; in line 10, by striking
``commission'' and inserting ``council''; in line 11, by striking ``$15'' and
inserting ``$40''; in line 12, by striking ``commission'' and inserting
``council''; in line 14, by striking ``commission'' and inserting
``council''; in line 15, by striking all after ``(c)''; by striking all in
lines 16 through 20 and inserting in lieu thereof the following: ``The
council shall furnish to every registered retailer and wholesaler a form
indicating thereon the procedure by which the retailer or wholesaler may
obtain a refund of any such assessment. Within one year after payment of the
assessment, the retailer or wholesaler, upon submission of a request therefor
to the administrator, may obtain such refund in the amount of the
assessment.''; in line 21, by striking ``commission'' and inserting
``council''; in line 23, by striking ``commission'' and inserting
``council''; in line 27, by striking ``com-''; in line 28, by striking
``mission's'' and inserting ``council's'';
  On page 1, in the title, in line 10, by striking ``commission'' and
inserting ``council''; and the bill be passed as amended.
  Committee on Assessment and Taxation recommends SB 252 be
passed.
  Also SB 162 be amended on page 1, in line 20, by striking
``exclusively''; also, in line 20, by striking all after the period; by
striking all in lines 21 and 22; in line 23, by striking all before ``The'';
in line 33, by striking ``exclusively''; also, in line 33, by striking all
after the period; by striking all in lines 34 and 35; in line 36, by striking
all before ``The'';
  On page 2, in line 1, by striking ``exclusively''; also in line 1, by
striking `` Any''; by striking all in lines 2 and 3; in line 4, by striking
all before ``The'' and the bill be passed as amended.
  SB 250 be amended on page 4, in line 20, after ``any'' by inserting
``nonprofit''; in line 30, by striking ``and'' where it last appears; in line
31, by striking all after ``nonprofit'' and inserting ``trusts, foundations
and other entities''; in line 32, by striking ``tions,''; also, in line 32,
before ``to'' by inserting ``principally''; in line 34, before the period by
inserting ``for the support and sole benefit of an educational institution;
(4)  nonprofit trusts, foundations and other entities organized and operated
for the primary purpose of managing and operating a student union facility
for the support and sole benefit of an educational institution; and   (5) 
nonprofit trusts, foundations and other entities organized and operated for
the primary purpose of encouraging, fostering and conducting scholarly
investigations and industrial and other types of research for the support and
sole benefit of an educational institution'' and the bill be passed as
amended

180                          JOURNAL OF THE SENATE

  Committee on Elections and Local Government recommends SB 314
be amended on page 1, in line 18, before the comma, by inserting ``having
35,000 or more pupils regularly enrolled''; in line 21, following
``supplies'' by inserting ``or other property''; in line 29, following the
period, by inserting ``The provisions of this section prohibiting the use of
property of any such governmental agency shall not apply to the use of
facilities of any such governmental agency for the holding of public forums
or debates at which all opposing candidates for an office are invited.'';
following line 31, by inserting:
  ``New Sec. 1.  (a) No officer or employee of any unified school district,
having less than 35,000 pupils enrolled in the preceding school year, shall
use or authorize the use of public funds or public vehicles, machinery,
equipment, supplies or other property of such district or the time of any
officer or employee of any such district, for which the officer of employee
is compensated by such district, for the purpose of influencing the
nomination or election of any candidate to a school district office or other
local office or state office. The provisions of this section prohibiting the
use of school property shall not apply to the use of school facilities for
the holding of public forums or debates at which all opposing candidates for
an office are invited.
  (b)   Any person violating the provisions of this section shall be guilty of
a class C misdemeanor.'';
  By renumbering sections 2 and 3 as sections 3 and 4; and the bill be passed
as amended.
  Committee on Judiciary recommends SB 72 be passed.
  Committee on Public Health and Welfare recommends SB 165 be
amended on page 3, in line 8, by striking all after the period; by striking
all in lines 9 through 12;
  On page 7, in line 38, by striking ``five'' and inserting ``six''; in line
39, by striking ``two'' where it appears for the last time and inserting
``one''; also in line 39, after ``be'' where it appears for the last time, by
inserting ``a''; in line 40, by striking ``technicians'' and inserting
``technician'';
  On page 8, by striking all in lines 2 through 7;
   And by renumbering paragraphs accordingly;
  On page 9, in line 9, after ``of'' where it appears for the last time by
inserting ``at least''; in line 10, after the comma, by inserting ``at
least''; in line 11, after ``and'' by inserting ``at least''; in line 16, by
striking ``members'' and inserting ``member''; in line 18, by striking
``technicians'' and inserting ``technician''; in line 19, after
``experience'' by inserting ``and shall be actively engaged in the field of
mental health technology in Kansas''; and the bill be passed as amended.
  Also SB 246 be amended on page 3, in line 3, by striking ``Kansas
register'' and inserting ``statute book''; and the bill be passed as amended.
  Committee on Ways and Means recommends SB 99, 210, 300, 362 be
passed.
  Also SB 124 be amended on page 1, in line 38, by striking ``68-2202''
and inserting in lieu thereof ``68-2203''; and the bill be passed as amended.
  On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday,
February 25, 1997.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
                                      +--+
                                      |  |
                                      +--+