J o u r n a l o f t h e S e n a t e THIRTY-FOURTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, February 28, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-nine senators present. Senator Harrington was excused. President Bond introduced as guest chaplain, Dr. Gary L. Winget, Pastor, Hanston Mennonite Church and the First Baptist Church, Hanston, who delivered the invocation: ``This is the day that the Lord has made, let us rejoice and be glad in it.'' We thank you, Jesus, that we can start this day, which you have made, in prayer. O Lord, we praise you for who you are. You are an awesome God, ``How Great Thou Art.'' Jesus, we come to you asking for forgiveness of sin. You know each of our hearts and where our thoughts are focused. I pray that we can focus on you for these few moments. That we would reflect upon our lives and have them in order according to Your ways. We thank you for being a big enough God to hear all of our prayers and to minister to each of us. I thank you for each one of these Senators and their lives. I thank you that you have chosen them to represent the people of Kansas. I pray that you would give them insight and direction in their lives as they make decisions that affect each of us. Your Word says, ``. . . if any person lacks wisdom, you will gladly give it to them.'' (James 1:5) I pray that you would give each senator divine wisdom. I pray that each senator would first seek Your wisdom. Jesus, I do not know all that will be discussed, debated and voted upon today, but you do. Thank you, for your guidance in these matters. I do not know each of the Senators, but you do. I ask your blessing upon their families. I ask that you would bless them all in a mighty way and that as they make decisions for this great State of Kansas they would bring honor and glory to you. I thank you, Lord, for this opportunity to pray before the Kansas State Senate. I pray for Senator Larry Salmans who is my Senator and also my friend. In Jesus' name Amen! PRESENTATION OF PETITIONS The following petition was presented, read and filed: SP 1, by Senator Oleen: A petition opposing the passage of SB 21, Concealed Weapons permit, signed by Ann Stalhein Smith and 20 others from the Manhattan, Kansas area. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolution were referred to Committees as indicated: Commerce: HB 2011, 2121, 2294; HCR 5015. Elections and Local Government: HB 2217, 2223. Energy and Natural Resources: Sub. HB 2140, 2219. February 28, 1997 229 Federal and State Affairs: HB 2444. Financial Institutions & Insurance: SB 381; HB 2082, 2329. Judiciary: HB 2211, 2230, 2250, 2308, 2313. Organization, Calendar and Rules: HB 2110. Public Health and Welfare: HB 2185. Transportation and Tourism: HB 2093, 2188, 2203, 2280. Ways and Means: HB 2127, 2150, 2273. CONFIRMATION OF APPOINTMENTS In accordance with Senate Rule 56, the following appointment, submitted by the Governor to the senate for confirmation, was considered. Senator Emert moved the following appointment be confirmed as recommended by the Standing Senate Committee: On the appointment to the: Kansas Development Finance Authority: Carol Marinovich, term expires January 15, 2001 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, Harris, 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: Harrington. The appointment was confirmed. FINAL ACTION ON CONSENT CALENDAR SB 365; HB 2080 having appeared on the Consent Calendar for the required two full legislative days without objection from any member, were considered on final action. 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, 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, Harris, 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: Harrington. The bill passed. HB 2080, 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, 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, Harris, 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: Harrington. The bill passed. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SB 28, 61, 67, 71, 96, 151, 152, 157, 188, 207, 210, 220, 221, 252, 257, 269, 277, 291, 300, 333, 362 were advanced to Final Action and roll call. SB 28, An act concerning crimes, punishment and criminal procedure; relating to recoupment of certain state expenditures to provide counsel and other defense services to indigent defendants; concerning pretrial release procedures; amending K.S.A. 20-350, 214603, 21-4610, 22-3718, 22-4504, 22-4507, 22-4513 and 22-4522 and K.S.A. 1996 Supp. 21 230 JOURNAL OF THE SENATE 4603d, 22-3717 and 75-719 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 31, nays 8, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Vidricksen. Nays: Bleeker, Brownlee, Clark, Harris, Huelskamp, Pugh, Tyson, Umbarger. Absent or not voting: Harrington. The bill passed, as amended. SB 61, An act concerning the practice of podiatry; amending K.S.A. 65-2002 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Corbin, Kerr, Langworthy, Lawrence, Ranson. Absent or not voting: Harrington. The bill passed, as amended. SB 67, An act concerning the protection from abuse act; relating to definitions; confidentiality; orders; amending K.S.A. 60-3102 and 60-3106 and K.S.A. 1996 Supp. 603104 and 60-3107 and repealing the existing sections, 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, 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. Absent or not voting: Harrington. The bill passed, as amended. SB 71, An act concerning the department of corrections; relating to the treatment of inmates; amending K.S.A. 1996 Supp. 75-5210 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, Harris, 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: Harrington. The bill passed, as amended. SB 96, An act concerning domestic relations; relating to marital property; professional goodwill; amending K.S.A. 23-201 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, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Biggs, Kerr. Absent or not voting: Harrington. The bill passed, as amended. SB 151, An act concerning consumer protection; relating to telephone solicitation; amending K.S.A. 50-670 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, Downey, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, February 28, 1997 231 Langworthy, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Corbin, Gooch, Harris, Lawrence, Pugh. Absent or not voting: Harrington. The bill passed, as amended. SB 152, An act concerning the high performance incentive program; amending K.S.A. 1996 Supp. 74-50,131 and 74-50,134 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 30, nays 9, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harris, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Schraad, Steffes, Steineger, Tyson, Vidricksen. Nays: Biggs, Gilstrap, Huelskamp, Karr, Lee, Petty, Pugh, Salmans, Umbarger. Absent or not voting: Harrington. The bill passed, as amended. SB 157, An act concerning sun screening devices on motor vehicles; relating to law enforcement officers and private detectives; amending K.S.A. 8-1749a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 20, nays 19, present and passing 0; absent or not voting 1. Yeas: Becker, Bond, Brownlee, Emert, Feleciano, Goodwin, Hardenburger, Harris, Huelskamp, Jordan, Langworthy, Morris, Oleen, Praeger, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Nays: Barone, Biggs, Bleeker, Clark, Corbin, Downey, Gilstrap, Gooch, Hensley, Jones, Karr, Kerr, Lawrence, Lee, Petty, Pugh, Ranson, Salisbury, Steineger. Absent or not voting: Harrington. A constitutional majority having failed to vote in favor of the bill, SB 157 did not pass. EXPLANATION OF VOTE Mr. President: I vote no on SB157. SB157 would allow private detectives and some law enforcement officers to operate vehicles with dark tinted glass. For safety reasons, we now have a law prohibiting dark tinted glass. If it is unsafe to operate a vehicle with dark tinted glass, why would we approve a bill to allow private detectives, who often operate vehicles at a very high speed to have this privilege. If it is not unsafe, we should remove the law that prohibits dark tinted glass.--U. L. Gooch. Senator Gilstrap requests the record to show he concurs with the ``Explanation of Vote'' offered by Senator Gooch on SB 157. SB 188, An act concerning registration of vehicles; providing for fees for satellite registration facilities; amending K.S.A. 1996 Supp. 8-145d and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 23, nays 16, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Gooch, Goodwin, Hardenburger, Jones, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Schraad, Steffes, Vidricksen. Nays: Bleeker, Brownlee, Clark, Feleciano, Gilstrap, Harris, Hensley, Huelskamp, Jordan, Lee, Petty, Pugh, Salmans, Steineger, Tyson, Umbarger. Absent or not voting: Harrington. The bill passed, as amended. SB 207, An act concerning the Kansas corporation commission; investigations and complaints; hearings; amending K.S.A. 66-1,191 and 66-1,234 and K.S.A. 1996 Supp. 66101d, 66-101e, 66-1,192, 66-1,204, 66-1,205, 66-1,219, 66-1,220 and 66-1,235 and repealing the existing sections, was considered on final action. 232 JOURNAL OF THE SENATE 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, Harris, 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: Harrington. The bill passed, as amended. SB 210, An act authorizing the conveyance of certain real property between the Kansas military board and Mr. and Mrs. Jon Flickinger and authorizing the acceptance and conveyance of real property owned by Mr. and Mrs. Jon Flickinger to the Kansas military board, 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, Harris, 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: Harrington. The bill passed. SB 220, An act concerning the Kansas healing arts act; relating to the supervision and direction of certain personnel by persons licensed to practice the healing arts; amending K.S.A. 1996 Supp. 65-2837 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, Harris, 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: Harrington. The bill passed, as amended. SB 221, An act concerning health care providers; relating to peer review and risk management; amending K.S.A. 65-4925 and K.S.A. 1996 Supp. 65-4915 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, Harris, 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: Harrington. The bill passed, as amended. SB 252, An act relating to severance taxation; amending K.S.A. 79-4225 and K.S.A. 1996 Supp. 77-549 and 79-4216 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, Harris, 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: Harrington. The bill passed. SB 257, An act concerning crimes and penalties; relating to minors; alcoholic liquor and cereal malt beverage; penalties; amending K.S.A. 21-3610 and 21-3610a and K.S.A. 1996 Supp. 41-2615 and repealing the existing sections, 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, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Gooch. Absent or not voting: Harrington. February 28, 1997 233 The bill passed. SB 269, An act concerning attorneys; relating to admission to practice law; requirements; fingerprints and criminal history, 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, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Clark, Huelskamp, Pugh. Absent or not voting: Harrington. The bill passed, as amended. SB 277, An act creating the wildlife and parks nonrestricted fund, was considered on final action. On roll call, the vote was: Yeas 21, nays 18, present and passing 0; absent or not voting 1. Yeas: Biggs, Bond, Brownlee, Emert, Gooch, Hardenburger, Harris, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Nays: Barone, Becker, Bleeker, Clark, Corbin, Downey, Feleciano, Gilstrap, Goodwin, Hensley, Huelskamp, Jones, Karr, Lee, Petty, Pugh, Salmans, Steineger. Absent or not voting: Harrington. The bill passed. EXPLANATION OF VOTE Mr. President: I protest having another fund established in addition to the 1,938 funds we now have in Kansas. To the best of my ability to count in this session alone so far we have passed bills establishing seven more funds. I'd feel more comfortable if we had a complete audit of all these funds.--Rich Becker Senators Clark, Petty and Steineger request the record to show they concur with the ``Explanation of Vote'' offered by Senator Becker on SB 277. SB 291, An act concerning criminal procedure; relating to registration of persons who commit certain crimes; amending K.S.A. 22-4901, 22-4902, 22-4905, 22-4906, 22-4908 and 22-4909 and K.S.A. 1996 Supp. 22-4904, 22-4907 and 45-221 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 45-221d, 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, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Gooch, Lawrence. Absent or not voting: Harrington. The bill passed, as amended. SB 300, An act authorizing the university of Kansas medical center to purchase disability insurance for certain persons, 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, Harris, 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: Harrington. The bill passed. SB 333, An act concerning assessment of expenses by the state corporation commission; amending K.S.A. 66-1502 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, Harris, Hensley, Huelskamp, Jones, 234 JOURNAL OF THE SENATE Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Pugh. Absent or not voting: Harrington. The bill passed, as amended. SB 362, An act concerning state officers and employees; relating to the state civil service; amending K.S.A. 1996 Supp. 75-2935 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 33, nays 6, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Gooch, Goodwin, Hardenburger, Harris, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Feleciano, Gilstrap, Hensley, Karr, Lee, Petty. Absent or not voting: Harrington. The bill passed. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Petty, Hensley and Salisbury introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1820-- A RESOLUTION in memory of Velma Paris. WHEREAS, Velma Paris, of Topeka, died February 23, 1997, at age 69. Her life epitomized the ideal of the ``public servant.'' WHEREAS, Velma Paris served as a Shawnee County Commissioner for 12 years, retiring in 1993 because of illness; and WHEREAS, Velma Paris, throughout her working life as a social activist, politician, government worker and elected official, was a firm believer in the ability of government to improve people's lives. She always had time to listen to citizen concerns and to become involved personally in the resolution of the problem. She believed in the responsibility of the elected official to improve the human condition; and WHEREAS, Velma Paris was honored in April 1996 when the Shawnee South Community Center was named after her and was honored throughout her life with awards for her commitment to others; and WHEREAS, Velma Paris is survived by her husband of 46 years, George, five children and eight grandchildren: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy to the family of Velma Paris; and Be it further resolved: That the Secretary of the Senate be directed to provide 6 enrolled copies of this resolution to Mr. George Paris, 1606 S.W. Mulvane, Topeka, Kansas 66604. On emergency motion of Senator Petty SR 1820 was adopted unanimously. REPORT ON ENGROSSED BILLS SB 61, 67, 71, 151, 220 reported correctly engrossed February 27, 1997. Also SB 28 reported correctly engrossed February 28, 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 Kerr in the chair. On motion of Senator Kerr the following report was adopted: Recommended that SB 18, 65, 125, 199, 201, 265, 276, 278, 293 be amended by adoption of the committee amendments and the bills be passed as amended. SCR 1609 be amended by adoption of the committee amendments, and the concurrent resolution be adopted as amended. February 28, 1997 235 The committee report on SB 139 recommending a substitute bill be adopted, and Sub. SB 139 be amended by motion of Senator Huelskamp on page 2, by striking all of lines 5 through 43; On page 3, by striking all of lines 1 through 43; On page 4, by striking all of lines 1 through 13; And by renumbering sections accordingly; On page 10, in line 18, by striking ``8-132 and''; On page 1, in the title, in line 10, by striking ``8-132 and'', and the substitute bill be passed as amended. SB 164 be amended by adoption of the committee amendments, be further amended by motion of Senator Praeger on page 15, in line 11, by striking ``, without charge,'', and the bill be passed as further amended. SB 243 be amended by adoption of the committee amendments, be further amended by motion of Senator Praeger on page 5, in line 28, by striking ``licensed'' and inserting in lieu thereof ``registered''; also in line 28, by striking ``registered'' and inserting in lieu thereof ``licensed'', and 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 President Bond in the chair. CHANGE OF REFERENCE The President withdrew SB 317 from the Committee on Ag riculture, and referred the bill to the Committee on Ways and Means. The President withdrew SB 34, 42, 54, 161, 224 and 239 from the Committee on Assessment and Taxation, and referred the bills to the Committee on Ways and Means. The President withdrew SB 280, 285, 289, 299, 305, 321, 325, 337, 346 and 347 from the Committee on Commerce, and referred the bills to the Committee on Ways and Means. The President withdrew SB 160, 170, 171, 182, 223, 298 and 358 from the Committee on Education, and referred the bills to the Committee on Ways and Means. The President withdrew SB 339 from the Committee on Elec tions and Local Government, and referred the bill to the Committee on Ways and Means. The President withdrew SB 140, 156 and 287 from the Com mittee on Judiciary, and referred the bill to the Committee on Ways and Means. The President withdrew SB 241, 242 and 248 from the Com mittee on Public Health and Welfare, and referred the bills to the Committee on Ways and Means. The President withdrew SB 266, 332 from the Committee on Transportation and Tourism, and referred the bills to the Committee on Ways and Means. The President withdrew SB 313 from the Committee on Trans portation and Tourism (separately), and from the Committee on Assessment and Taxation (separately), and referred the bill to the Committee on Ways and Means. The President withdrew SB 213 from the Committee on Ways and Means, and rereferred the bill to the Committee on Education. The President withdrew SB 127, 290 and 292 from the Cal endar under the heading of General Orders, and referred the bills to the Committee on Ways and Means. MESSAGE FROM THE HOUSE Announcing passage of HB 2025, 2038; Sub. HB 2059; HB 2226, 2249, 2264, 2285; Sub. HB 2331; HB 2332, 2381, 2422, 2462. 236 JOURNAL OF THE SENATE INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2025, 2038; Sub. HB 2059; HB 2226, 2249, 2264, 2285; Sub. HB 2331; HB 2332, 2381, 2422, 2462 were thereupon introduced and read by title. REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs recommends SB 168 be amended on page 1, in line 15, by striking ``the official'' and inserting ``a''; Also on page 1, in line 10, by striking ``the official'' and inserting ``a''; and the bill be passed as amended. Also SB 368 be not passed. REPORT ON ENGROSSED BILLS SB 18, 65, 113, 120, 124, 125; Sub. SB 139; SB 142, 146, 149, 164, 199, 201, 238, 243, 246, 276, 278, 281, 293, 314; SCR 1609 reported correctly engrossed February 28, 1997. REPORT ON ENROLLED BILLS SB 62, 77 reported correctly enrolled, properly signed and presented to the Governor on February 28, 1997. COMMITTEE OF THE WHOLE The Committee returned to consideration of bills under the heading of General Orders with Senator Kerr in the chair. Recommended that: SB 214 be passed. Also, SB 162, 211, 267 be amended by adoption of the committee amendments, and the bills be passed as amended. SB 112 be amended by adoption of the committee amendments, and the bill be passed as amended. The following amendments offered to SB 112 were rejected: Senator Huelskamp moved to amend the bill on page 1, in line 18, by striking ``can-''; in line 19, by striking all preceding ``can-''; in line 20, by striking ``or candidate''; in line 25, by striking all following ``basis''; in line 26, by striking ``on a statewide basis''; also in line 26, by striking ``or can-''; in line 27, by striking ``didate''; in line 29, by striking ``candidate''. The motion failed, and the amendment was rejected. Senator Hensley moved to amend the bill on page 1, following line 32, by inserting: ``New Sec. 2. Not more than one political committee shall be established by the mem bers of either house of the legislature belonging to the same political party and designated as a political committee for the member of such party in such house. The political committee recognized and defined as a party committee by subsection (g) of K.S.A. 25-4143, and amendments thereto, for members of any political party in either house of the legislature shall not be considered a political committee for the purposes of the limitations imposed by this subsection.''; By renumbering sections accordingly; In the title, by striking all in lines 10, 11 and 12 and inserting: ``AN ACT concerning campaign finance relating to contributions and solicitations there for; relating to political committees; amending K.S.A. 25-4153a and repealing the existing section.'' Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 15, nays 24, present and passing 0; absent or not voting 1. Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Huel skamp, Jones, Karr, Lee, Oleen, Petty, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Hardenburger, Harris, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. February 28, 1997 237 The motion failed and the amendment was rejected. The Committee recommended SB 112 be passed as amended by adoption of the com mittee amendments. SB 145 be amended by adoption of the committee amendments, be further amended by motion of Senator Praeger on page 6, following line 1, by inserting: ``(c) An application for an advance voting ballot filed by a sick, physically disabled or illiterate voter or by a person rendering assistance to such voter may be filed during the regular advance ballot application periods until the close of the polls on election day. Any such voted ballot shall be transmitted to the county election officer before the close of the polls on election day.''; Also on page 6, in line 2, by striking ``(c)'' and inserting ``(d)''; in line 14, by striking ``(d)'' and inserting ``(e)''. The bill be amended by motion of Senator Hardenburger on page 10, following line 31, by inserting: ``Sec. 5. K.S.A. 25-3301 is hereby amended to read as follows: 25-3301. (a) Each reg istered voter of this state who has declared a party affiliation as provided in this section or in K.S.A. 25-3304, and amendments thereto, shall be entitled to vote at every partisan primary election. (b) The county election officer shall prepare for each voting place at each partisan primary election a party affiliation list, duly certified by such officer, which clearly indicates the party affiliation of each registered voter in the voting area who has declared a party affiliation. The registration book prepared for a voting place pursuant to K.S.A. 25-2318, and amendments thereto, may be used as such list, but no registration book prepared for use at a voting place in an election other than a partisan primary election or an election held at the same time as a partisan primary election shall indicate in any manner the party affiliation of any voter. Such list shall be delivered by the supervising judge to the voting place before the opening of the polls. (c) The party affiliation list provided for by subsection (b) shall be used to determine the party affiliation of a voter offering to vote at a partisan primary election and of a voter applying for an advance voting ballot pursuant to K.S.A. 25-1122, and amendments thereto. If a voter's party affiliation is not indicated on the party affiliation list, such voter shall state ~~his or her~~ the voter's party affiliation in writing on a form prescribed by the secretary of state. ~~One of the judges then~~ A judge at the precinct polling place, or the county election officer or such officer's designee, shall give such voter a primary ballot of the voter's party affiliation, and such person thereupon shall be entitled to vote. Such a statement of party affiliation shall constitute a declaration of party affiliation, and all such signed statements shall be returned to the county election officer, who shall cause them to be recorded on the party affiliation list. (d) No voter shall be allowed to receive the ballot of any political party except that with which such voter is affiliated. (e) Party affiliation statements shall be preserved for five ~~(5)~~ years. The county election officer may ~~then~~ dispose of the statements in the manner approved for destruction of ballots as provided in K.S.A. 25-2708, and amendments thereto. (f) The county election officer shall update party affiliation lists as provided by rules and regulations of the secretary of state.''; By renumbering sections 5 and 6 as sections 6 and 7; Also on page 10, in line 32, before ``K.S.A.'' by inserting ``K.S.A. 25-3301 and''; In the title, in line 12, before ``K.S.A.'' by inserting ``K.S.A. 25-3301 and''. Also on page 5, following line 16, by inserting: ``Sec. 2. K.S.A. 1996 Supp. 25-1123 is hereby amended to read as follows: 25-1123. When an application for an advance voting ballot has been filed in accordance with K.S.A. 25-1122, and amendments thereto, the county election officer shall transmit to the voter applying therefor one each of the appropriate ballots. The county election officer shall trans mit the advance voting ballots to the voter at one of the following addresses as specified by the voter on such application: (a) The voter's residential address or mailing address as indicated on the registration list; (b) the voter's temporary residential address; or (c) a medical care facility as defined in K.S.A. 65-425, and amendments thereto, psychiatric hos 238 JOURNAL OF THE SENATE pital, hospice or adult care home where the voter resides. No advance voting ballot shall be transmitted by the county election officer by any means prior to the 20th day before the election for which an application for an advance voting ballot has been received by such county election officer. If the advance voting ballot is transmitted by mail, such ballot shall be transmitted with printed instructions prescribed by the secretary of state and a ballot envelope bearing upon the outside a printed form as described in K.S.A. 25-1120, and amendments thereto, and the same number as the number of the ballot. If the advance voting ballot is transmitted to the applicant in person in the office of the county election officer, such advance voting ballot and printed instructions shall be transmitted in an advance voting ballot envelope bearing upon the outside a printed form as described in K.S.A. 251120, and amendments thereto, and the same number as the number of the ballot unless the voter elects to deposit the advance voting ballot into a locked ballot box without an envelope. All ballots shall be transmitted to the advance voting voter not more than 20 days before the election but within two business days of the receipt of such voter's application by the election officer or the commencement of such 20-day period. In primary elections required to be conducted on a partisan basis, the election officer shall deliver to such voter the ballot of the political party of the applicant.''; By renumbering section 2 as section 3; On page 6, following line 40, by inserting: ``Sec. 4. K.S.A. 1996 Supp. 25-1128 is hereby amended to read as follows: 25-1128. (a) No voter shall mark or transmit to the county election officer more than one advance voting ballot, or set of one of each kind of ballot, if the voter is entitled to vote more than one such ballot at a particular election. (b) No person, unless authorized by K.S.A. 25-1119, and amendments thereto, shall mark, sign or transmit to the county election officer any advance voting ballot or advance voting ballot envelope. (c) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-1124, and amendments thereto, shall intercept, interfere with, or delay the transmission of advance voting ballots from the county election officer to the voter. ~~(c)~~ (d) No person shall willfully and falsely affirm, declare or subscribe to any material fact in an affirmation form for an advance voting ballot, or set of advance voting ballots if the voter is entitled to vote more than one kind of advance voting ballot at a particular election, or in a declaration form on an advance voting ballot envelope. ~~(d)~~ (e) Nothing in this section shall be construed to prohibit any person from mailing, carrying or otherwise conveying advance voting ballots or sets of advance voting ballots to the county election officer upon request of advance voting voters. ~~(e)~~ (f) Violation of any provision of this section is a class C misdemeanor.''; By renumbering sections 3 through 6 as sections 5 through 8 respectively; On page 10, in line 32, by striking ``25-1124,'' and inserting ``25-1123, 25-1124, 25-1128,''; In the title, in line 13, by striking ``25-1124'' and inserting ``25-1123, 25-1124, 25-1128,'', and the bill be passed as further amended. SB 197 be amended by adoption of the committee amendments, be further amended by motion of Senator Praeger on page 7, in line 20, by striking ``according to federal and state laws and the''; in line 21, by striking all before the period and inserting ``to determine the possibility of a harmful drug interaction or reaction to medication'', and the bill be passed as further amended. SB 204 be amended by adoption of the committee amendments. Senator Lee moved to amend the bill on page 6, in line 34, by striking ``two'' and inserting ``one''; On page 19, in line 36, by striking ``two'' and inserting ``one''. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 12, nays 27, present and passing 0; absent or not voting 1. Yeas: Barone, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Petty, Steineger. February 28, 1997 239 Nays: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Hardenburger, Harris, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The motion failed and the amendment was rejected. The Committee recommended SB 204, be passed as amended by adoption of the com mittee amendments. SB 212 be amended by adoption of the committee amendments, be further amended by motion of Senator Ranson on page 2, in line 7, before ``more'' by inserting ``or in any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier,''; On page 3, in line 9, by striking ``(b)'' and inserting ``(c)''; in line 15, by striking ``(b)'' and inserting ``(c)''; On page 4, in line 21, by striking ``(b)'' and inserting ``(c)'', and the bill be passed as further amended. SB 232 be amended by adoption of the committee amendments, be further amended by motion of Senator Hardenburger on page 1, in line 33, by striking ``and no sooner''; in line 34, by striking ``than 10 days''; also in line 34, following the period, by inserting ``Such notice shall be published not less than 10 nor more than 20 days prior to the date of the hearing.''; On page 7, in line 22, by striking ``and no sooner than''; in line 23, by striking ``10 days''; also in line 23, following the period, by inserting ``Such notice shall be published not less than 10 nor more than 20 days prior to the date of the hearing.'', and the bill be passed as further amended. SB 323 be amended by adoption of the committee amendments, be further amended by motion of Senator Hensley on page 1, in line 25, by striking ``or official position in'' and inserting ``of''; following line 28, by inserting: ``The provisions of this subsection shall not apply to a county clerk who holds an office of a political party on the effective date of this act, until the expiration of the current term of office of such party for which such clerk was elected.''; Also on page 1, in line 39, by striking ``or official position in'' and inserting ``of''; in line 42, by striking all after the period; following line 42, by inserting: ``The provisions of this subsection shall not apply to a county election commissioner who holds an office of a political party on the effective date of this act, until the expiration of the current term of office of such party for which such officer was elected. (c) The secretary of state may remove the``; On page 2, in line 11, by striking ``or official position in'' and inserting ``of''; following line 13, by inserting: ``The provisions of this subsection shall not apply to the secretary of state if the secretary holds an office of a political party on the effective date of this act, until the expiration of the current term of office of such party for which the secretary was elected.''; Also on page 2, in line 16, by striking all before ``its'', and the bill be passed as further amended. SB 79, be rereferred to the Committee on Ways and Means. Having voted on the prevailing side and on motion of Senator Oleen the Committee reconsidered its previous action and recommended SB 265 be referred to the Committee on Ways and Means. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SB 18, 65, 112, 125; Sub. SB 139; SB 145, 162, 164, 197, 199, 201, 204, 211, 212, 214, 232, 243, 267, 276, 278, 293, 323; SCR 1609 were advanced to Final Action and roll call. SB 18, An act concerning state governmental ethics; relating to financial disclosures by state employees engaged in economic development activities; amending K.S.A. 46-247 and 46-285 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. 240 JOURNAL OF THE SENATE Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Harris. Absent or not voting: Harrington. The bill passed, as amended. SB 65, An act concerning school districts; relating to the provision of educational services in a regular school setting for certain persons, 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 112, An act concerning campaign finance; prohibiting certain contributions and so licitations therefor during certain time periods; amending K.S.A. 25-4153a 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Becker, Harris. Absent or not voting: Harrington. The bill passed, as amended. SB 125, An act concerning motor vehicles; relating to the collection of registration and certificate of title fee funds; amending K.S.A. 1996 Supp. 8-145 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. Sub. SB 139, An act relating to motor vehicles; concerning the regulation thereof; amend ing K.S.A. 8-1556 and K.S.A. 1996 Supp. 8-2118 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, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Vidricksen. Nays: Bleeker, Pugh, Steineger, Umbarger. Absent or not voting: Harrington. The substitute bill passed, as amended. SB 145, An act concerning elections; relating to advance voting; amending K.S.A. 253301 and K.S.A. 1996 Supp. 25-1122, 25,1123, 25-1124, 25-1128, 25-2316c and 25-2908 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. February 28, 1997 241 The bill passed, as amended. SB 162, An act relating to property taxation; concerning the exemption therefrom for farm machinery and equipment; amending K.S.A. 1996 Supp. 79-201j and repealing the existing section, was considered for 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 164, An act concerning the board of nursing; licensees of the board; exempt licenses; fees; amending K.S.A. 65-1131, 65-4208 and 65-4921 and K.S.A. 1996 Supp. 65-1115, 651116, 65-1118, 65-1120, 65-1124, 65-1152, 65-4203 and 65-4209 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 197, An act concerning the regulation of pharmacists; amending K.S.A. 65-1626, as amended by section 118 of chapter 229 of the 1996 Session Laws of Kansas, 65-1643 and 65-1645 and K.S.A. 1996 Supp. 65-1642 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 37, nays 1, present and passing 1; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Harris. Present and passing: Gilstrap. Absent or not voting: Harrington. The bill passed, as amended. SB 199, An act concerning the state board of pharmacy, grounds for disciplinary actions; amending K.S.A. 1996 Supp. 65-1627 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 201, An act concerning the practice of pharmacy; defining the practice of pharmacy; persons engaged in pharmacy practice; amending K.S.A. 65-1626, as amended by section 118 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 38, nays 0, present and passing 1; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Present and passing: Gilstrap. Absent or not voting: Harrington. The bill passed, as amended. 242 JOURNAL OF THE SENATE SB 204, An act relating to accident and health insurance; group and individual policies of insurance; amending K.S.A. 40-2228 and K.S.A. 1996 Supp. 40-2209, 40-2209d, 40-2209f and 40-3409 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 211, An act concerning disease reporting; amending K.S.A. 65-118 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 212, An act concerning public utilities and common carriers; change in rates and schedules; amending K.S.A. 1996 Supp. 66-117 and repealing the existing section, was con sidered 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 214, An act concerning law enforcement; relating to training center; sheriffs; quali fications and officer training requirements; amending K.S.A. 19-801b and 74-5617 and K.S.A. 1996 Supp. 74-5602, 74-5605, 74-5608a and 74-5616 and repealing the existing sec tions; also repealing K.S.A. 1996 Supp. 74-5602a, 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, 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. Absent or not voting: Harrington. The bill passed. SB 232, An act concerning cities and counties; relating to planning and zoning; relating to the powers and duties of the planning commission; amending K.S.A. 12-504, 12-505, 12745, 12-747, 12-752, 58-2613 and 58-2614 and repealing the existing sections, was consid ered 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, Harris, 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: Harrington. The bill passed, as amended. SB 243, An act concerning emergency medical services; amending K.S.A. 1996 Supp. 65-6112, 65-6119, 65-6120, 65-6123 and 65-6124 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. February 28, 1997 243 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 267, An act concerning publication of documents in Kansas register; relating to duties of secretary of state; amending K.S.A. 75-431 and repealing the existing section, was con sidered 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The bill passed, as amended. SB 276, An act enacting the voluntary cleanup and property redevelopment act; con cerning remediation of contaminated property, 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, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Brownlee. Absent or not voting: Harrington. The bill passed, as amended. SB 278, An act designating Prairie Spirit Rail Trail as part of state park system; amending K.S.A. 32-837 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, Corbin, Downey, Emert, Fele ciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Clark, Huelskamp, Pugh, Ranson, Salmans. Absent or not voting: Harrington. The bill passed, as amended. SB 293, An act concerning prairie spirit rail trail; providing for a moratorium on further development of phase III until funding for construction is available; establishing a prairie spirit rail trail task force, 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, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Fele ciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harris, Hensley, Huelskamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Biggs, Jones. Absent or not voting: Harrington. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: I vote no on SB 293 and wish to explain my vote. I feel the moratorium on phase 3 is a delaying tactic on the continued development of the Prairie Spirit Rail Trail. I would support a larger and broader based task force than specified in SB 293 for phase 3. There also should be a one year time frame for the task force to report.--Don Biggs SB 323, An act concerning state and local election officers; relating to qualifications for office; amending K.S.A. 19-301 and 19-3419 and repealing the existing sections, was con sidered on final action. 244 JOURNAL OF THE SENATE On roll call, the vote was: Yeas 22, nays 16, present and passing 1; absent or not voting 1. Yeas: Bond, Brownlee, Clark, Emert, Gilstrap, Hardenburger, Harris, Hensley, Huel skamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Vidricksen. Nays: Barone, Becker, Biggs, Bleeker, Corbin, Downey, Feleciano, Goodwin, Jones, Karr, Lee, Oleen, Pugh, Steineger, Tyson, Umbarger. Present and passing: Gooch. Absent or not voting: Harrington. The bill passed, as amended. SCR 1609, A concurrent resolution concerning the Ozone Transport Assessment Group (OTAG), 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, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Harrington. The resolution was adopted, as amended. On motion of Senator Emert the Senate adjourned until 2:00 p.m., Tuesday, March 4, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+