J o u r n a l o f t h e S e n a t e THIRTY-THIRD DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, February 27, 1997--9:00 a.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, A generation ago we were informed by those who were supposed to know that there is no such thing as objective truth. That what is true is determined by each individual for himself. In other words, like beauty, truth is in the eye of the beholder. Now we are being told by the latest fashion in philosophical fads that there is no such thing as truth. Truth cannot be known because it does not exist. Dear Lord, deliver us from vain speculations. Centuries ago you pointed out how ludicrous it is for the clay to question the potter. For the creature to criticize the Creator. (Isaiah 29:16) As we make critical decisions from day to day remind us. . . . That there is a plumb line. That there is a measuring rod. That there is a standard by which all things are measured. That there is such thing as truth. That Your word is truth. (John 17:17) I pray in Jesus' Name AMEN REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Agriculture: HB 2289. Elections and Local Government: HB 2064, 2315. Energy and Natural Resources: HB 2303, 2305, 2307, 2361. Judiciary: HB 2143. Public Health and Welfare: HB 2255 (separately). Transportation and Tourism: HB 2073. Ways and Means: HB 2255 (separately); HB 2403. CHANGE OF REFERENCE The President withdrew SB 72 from the Committee on Ways and Means, and rereferred the bill to the Committee on Judiciary. 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 Morris in the chair. On motion of Senator Morris the following report was adopted: Recommended that SB 210 be passed. February 27, 1997 225 Also, SB 28, 61, 220 be amended by adoption of the committee amendments and the bills be passed as amended. SB 151 be amended by adoption of the committee amendments. Senator Huelskamp moved to amend the bill as amended by Senate Committee, on page 1, in line 39, by striking ``, or''; by striking all in lines 40 through 41. The motion failed and the amendment was rejected. The Committee recommended the bill be amended by motion of Senator Jordan as amended by Senate Committee, on page 3, after line 1, by inserting: ``(d) A telephone solicitor whose initial contact with a consumer is through printed material transmitted by telefacsimile machine shall not transmit any additional printed information if the consumer requests orally or in writing that such transmissions cease.''; And by relettering the existing subsections accordingly, and the bill be passed as further amended. Having voted on the prevailing side and on motion of Senator Emert, the Committee reconsidered its action on SB 151. Senator Salisbury moved to amend the bill as amended by Senate Committee, on page 1, by striking all in line 35; On page 2, in line 11, by striking the period and inserting a semicolon. The motion carried, and the amendment was adopted. The Committee recommended the bill be passed as further amended. On motion of Senator Emert, the Senate recessed until 2:00 p.m. Afternoon Session The Senate met pursuant to recess with Vice-President Salisbury in the chair. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: SB 381, An act relating to banks and banking; providing for a prohibition on merger transactions involving out-of-state banks and on interstate branching by merger or acquisition, by Committee on Federal and State Affairs. WITHDRAWN FROM GENERAL ORDERS On motion of Senator Langworthy SB 209 was withdrawn from the calendar under the heading of General Orders and was rereferred to the Committee on Assessment and Taxation. MESSAGE FROM THE HOUSE Announcing passage of HB 2011, 2082, 2093, 2110, 2121, 2127; Sub. HB 2140; HB 2150, 2185, 2188, 2203, 2211, 2217, 2219, 2223, 2230, 2250, 2273, 2280, 2294, 2308, 2313, 2329, 2444. Also, announcing adoption of HCR 5015. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2011, 2082, 2093, 2110, 2121, 2127; Sub. HB 2140; HB 2150, 2185, 2188, 2203, 2211, 2217, 2219, 2223, 2230, 2250, 2273, 2280, 2294, 2308, 2313, 2329, 2444; HCR 5015 were thereupon introduced and read by title. REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs recommends SB 159, 176 be not passed. REPORT ON ENGROSSED BILLS SB 38, 256, 261, 264, 304; SCR 1608 reported correctly engrossed February 27, 1997. COMMITTEE OF THE WHOLE The Committee returned to consideration of bills on the calendar under the heading of General Orders with Senator Morris in the chair. 226 JOURNAL OF THE SENATE On motion of Senator Morris the following report was adopted: Recommended that: SB 252, 257, 277, 300, 362 be passed. Also SB 67, 71, 157, 207, 291, 333 be amended by adoption of the committee amendments, and the bills be passed as amended. SB 96 be amended by motion of Senator Harris on page 1, in line 25, by striking ``matters'' and inserting ``or separate maintenance actions'', and the bill be passed as amended. SB 188 be amended by motion of Senator Steineger on page 1 line 22, following the words ``county treasurer'', by inserting ``of Sedgwick, Saline, Montgomery, Douglas, Butler, Shawnee, Johnson counties'', and the bill be passed as amended. SB 269 be amended by motion of Senator Harris on page 1, line 14, by striking the period after the word ``fingerprinted'' and then inserting ``with the costs to be borne by the applicant.'', and the bill be passed as amended. The following amendment offered by Senator Pugh to SB 269 was rejected: On page 1, in line 14, by striking ``this'' and inserting ``the''; after ``state'' by inserting ``of Kansas''; also in line 14, after ``fingerprinted'' by inserting ``and shall require all persons applying for employment or employed by the office of judicial administration to be fingerprinted''; in line 24, before the period, by inserting ``or for new or continued employment in the office of judicial administration''; In the title, in line 9, after ``concerning'' by inserting ``the supreme court; relating to''; in line 10, before ``fingerprints'' by inserting ``relating to employees of the office of judicial administration;''. SB 152 be amended by adoption of the committee amendments, be further amended by motion of Senator Salisbury as amended by Senate Committee, on page 2, by striking all in line 5; in line 6, by striking ``and''; in line 9, by striking all after stricken material; in line 10, by striking ``density area''; by striking all in line 14; in line 15, by striking ``and''; in line 18, by striking all after the stricken material; in line 19, by striking ``density area''; in line 22, by striking all after the stricken material; in line 23, by striking all before ``which''; in line 25, by striking all after the stricken material; in line 26, by striking all before the period; in line 27, by striking ``(5) Excluding'' and inserting ``(e) As an alternative to the requirements of subsections (c) and (d), a firm having met the requirements of subsections (a) or (b), may qualify, if excluding''; in line 28, after ``must'', by inserting ``be greater than or''; also in line 28, after ``equal'', by inserting ``to''; in line 29, after ``by'', by striking all before the period, and inserting ``industries covered by the employment security law based on data maintained by the secretary of human resources''; in line 30, by striking ``(6)'' and inserting ``(f)''; also in line 30, by striking ``subsection'' and inserting ``section''; And by relettering the existing subsections accordingly; On page 3, by striking all in lines 12 and 13, and the bill be passed as further amended. SB 221 be amended by adoption of the committee amendments, be further amended by motion of Senator Lee as amended by Senate Committee, on page 3, 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'' and inserting ``Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel.''; in line 24, by striking ``all'' and inserting ``the''; in line 28, by striking ``session''; in line 29, by striking all before ``disciplinary'' and inserting ``portion of a''; also in line 29, by striking all after ``shall''; by striking all in lines 30 through 32; in line 33, by striking all before the period and inserting ``at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency in conducting a disciplinary proceeding shall cause to be investigated independently from any testimony, report or record under this section such matters as may be contained in such testimony, report or record February 27, 1997 227 and shall cause to be presented such independently obtained information as part of the disciplinary proceeding in open meeting of the licensing agency'', and the bill be passed as further amended. SB 213 be referred to the Committee on Ways and Means. Sub. SB 139 be passed over and retain a place on the calendar. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 28, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+