J o u r n a l o f t h e S e n a t e FORTIETH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Tuesday, March 11, 1997--2:30 p.m. The Senate was called to order by Vice-President Alicia Salisbury. The roll was called with thirty-seven senators present. Senators Goodwin, Karr and Steineger were excused. Vice-President Salisbury introduced as guest chaplain, Rev. Fred Bacon, Pastor, First Christian Church, Phillipsburg, Kansas, who delivered the invocation: Most Holy God, Creator of all we see, hear, touch, smell and taste, I ask for wisdom for this body of elected officials, chosen by their peers to do the legislative work of our state. Your Bible tells us in Romans 13:1, ``for there is no authority except that which God has established. The authorities that exist have been established by God,'' and so we believe that every person that is serving in this great institution is here by Your design. I, therefore, ask that you use these good folks to accomplish Your strategy to fulfill Your will in the great state of Kansas. I am especially grateful, today, for my Senator, Janis Lee. I pray that you will give her wisdom and understanding that will amaze her co-senators as You move in her life. Father, her place here is at the trust of all us folks back home, so enable her to accomplish what is best for all of us that make up her district and for all of us who make up the state of Kansas. I understand, Lord, that the business being discussed and accomplished today will make a great difference in the lives of the people in our state. We are depending on each senator to do his or her best to bring positive change to our state. Help them to know how best to protect the lives of our citizens with the resources that are provided for them by we taxpayers. It is often the weak and the helpless whose voice is least heard, yet these are the voices You care about. Help all of us in our daily lives to seek out the weak and the helpless and be a blessing to them in Your name. Let these fine people never forget that their place here is a privilege given because we live in the greatest nation in the world. Show them how to make democracy work at its very best so that our government will always be the voice of her people. Allow the voice of Kansans from all over our state ring loud and true in this hallowed hall. It is in the name of Jesus, the King of kings and the Lord of lords, that I pray, amen. GUESTS Senator Gilstrap rose on a point of personal privilege to introduce his parents, Bill and Mary Jane Gilstrap, Shawnee, Kansas. Vice-President Salisbury and members of the Senate extended their welcome to the Gilstraps. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: HB 2105. Ways and Means: HB 2149. 262 JOURNAL OF THE SENATE CHANGE OF REFERENCE The Vice-President withdrew SB 160, 170 and 358 from the Committee on Ways and Means, and rereferred the bills to the Committee on Education. The Vice-President withdrew SB 127, 241 and 248 from the Committee on Ways and Means, and rereferred the bills to the Committee on Public Health and Welfare. The Vice-President withdrew SB 156, 265 and 287 from the Committee on Ways and Means, and rereferred the bills to the Committee on Judiciary. The Vice-President withdrew SB 34, 42 and 54 from the Committee on Ways and Means, and rereferred the bills to the Committee on Assessment and Taxation. The Vice-President withdrew SB 79 from the Committee on Ways and Means, and rereferred the bill to the Committee on Elections and Local Government. MESSAGE FROM THE HOUSE Announcing passage of HB 2159. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2159 was thereupon introduced and read by title. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to SB 17 and requested a conference committee be appointed. The Vice-President appointed Senators Vidricksen, Jordan and Gilstrap as a conference committee on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Salmans introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1824-- A RESOLUTION congratulating and commending Hays for being selected as one of 10 winning cities in the 1996 All-America City and Community Award Contest. WHEREAS, The All-America City and Community Award program is sponsored by the Allstate Foundation, a philanthropic arm of the Allstate Insurance Company, and the 1996 awards were made at Fort Worth, Texas, on June 15, 1996, by the National Civic League; and WHEREAS, The 1996 awards were made to cities ranging in size from 7,000 to 1.3 million in recognition of their community-building efforts; and WHEREAS, Hays, population 17,767, emphasized water conservation after a drought in the early 1990's and campaigns to recruit businesses and physicians, which latter effort in three years recruited 37 physicians to Hays; and WHEREAS, Hays participated in the 1995 event but was not selected for consideration in the finals; for 1996, a delegation of 38 city boosters contributed to its success: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the city of Hays for being selected as one of 10 winning cities in the 1996 All-America City and Community Award Contest; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Hannes Zacharias, City Manager, P.O. Box 490, Hays, Kansas 67601-0490 and Hays Area Chamber of Commerce, 1301 Pine, Box 220, Hays, Kansas 67601. On emergency motion of Senator Salmans SR 1824 was adopted unanimously. Guests introduced from the 1997 Leadership Hays Class were Myron Applequist, Dr. Rodolfo Arevalo, Traci Beougher, Bill Bicker, Diane Brown, Stephen Brummer, Marty Cain, Stephanie Dechant, Sonya Haselhorst, Kerri Hutton, Randy Jordan, Dan Kahl, Diane Leiker, Patrick Lubbers, Mrs. Dolores McKibben, Tom Meiers, Darlene Minton, Melissa Romme, Bonnie Timmons, Carroll Waggoner, Ed Brungardt and Henry Schwaller IV. March 11, 1997 263 REPORTS OF STANDING COMMITTEES Committee on Agriculture recommends SB 317 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 317,'' as follows: ``Substitute for SENATE BILL No. 317 By Committee on Agriculture ``AN ACT abolishing the Kansas state grain inspection department; relating to the transfer of duties and powers thereof; amending K.S.A. 34-101, 34-101c, 34-102, 34-111, 34223, 34-227b, 34-229, 34-230, 34-230a, 34-230b, 34-231, 34-233, 34-235, 34-236, 34238, 34-241a, 34-246, 34-249a, 34-251, 34-257a, 34-273, 34-295a, 34-295b, 34-298, 34299, 34-2,104 and 34-2,110 and K.S.A. 1996 Supp. 34-101b, 34-125, 34-228, 74-4911f, 75-3170a and 77-415 and repealing the existing sections; also repealing K.S.A. 34-101a, 34-101d, 34-102a, 34-104, 34-105, 34-106, 34-107, 34-110, 34-112a, 34-113, 34-121, 34122, 34-123, 34-124, 34-127, 34-224, 34-227 34-227a, 34-2,100, 75-1701, 75-1702, 751703, 75-1704, 75-1706, 75-1709 and 75-1711 and K.S.A. 1996 Supp. 34-102b, 34-103a and 34-2,108.''; and the substitute bill be passed. Committee on Elections and Local Government recommends HB 2021, as amended by House Committee of the Whole, be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Federal and State Affairs recommends SR 1811 be adopted. Also SCR 1606 be amended on page 1, by striking all in lines 20 through 43; On page 2, by striking all in lines 1 and 2 and inserting the following: ``(section) 16. (a) Concealed Firearms. The legislature shall regulate and provide by law for the carrying of concealed firearms.''; Also on page 2, in line 3, by striking ``shall'' and inserting ``may''; also in line 3, by striking ``regulation of inspec-''; in line 4, by striking ``tion'' and inserting ``imposition''; by striking all of lines 6 through 15 and inserting the following: ``Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would direct the legislature to enact a law regulating the carrying of concealed firearms. ``A yes vote for this proposition favors directing the legislature to enact a law regulating the carrying of concealed firearms. ``A no vote against this proposition favors retaining the current status of the law under which there is no constitutional provision relating to the regulation of concealed firearms.'' ''; Also on page 2, in line 22, by striking ``unless''; by striking all of lines 23 and 24; in line 25, by striking all preceding the period; and the concurrent resolution be adopted as amended. HB 2108, as amended by House Committee, be amended on page 2, in line 15, by striking ``commission'' and inserting ``governor''; in line 27, following the period, by inserting ``One legislator shall be a member of the democratic party and one legislator shall be a member of the republican party.''; in line 28, before ``commission'' by inserting ``governor, the''; in line 30, following the period, by inserting ``Of the initial appointments to the board by the governor, one shall be for a term of one year, one shall be for a term of two years and one shall be for a term ending three years after the date of the initial appointment.''; in line 31, by striking ``three'' and inserting ``two''; in line 32, by striking ``two'' where it appears for the first time and inserting ``one''; also in line 32, by striking ``two'' where it appears for the third time and inserting ``one''; in line 34, before ``commission'' by inserting ``governor or the''; On page 3, in line 1, following ``office,'' by inserting ``the governor,''; in line 5, by striking ``di-''; in line 6, by striking ``rector'' and inserting ``governor''; in line 7, by striking ``commission'' and inserting ``governor''; and the bill be passed as amended. SB 357 be not passed. Committee on Financial Institutions and Insurance recommends HB 2329 be passed. Also HB 2137, as amended by House Committee, be amended as follows: 264 JOURNAL OF THE SENATE On page 1, in line 31, by striking all after ``filed''; by striking all of lines 32 through 33; in line 34, by striking all before the period; On page 2, in line 9, by striking all after ``adoption''; in line 10, by striking ``for adoption''; in line 13, by striking all after ``adoption''; in line 14, by striking ``the home''; In the title, in line 10, by striking all after ``concerning''; in line 11, by striking all before ``coverage'' where it last appears; and the bill be passed as amended. Committee on Public Health and Welfare recommends HB 2184, as amended by House Committee, be passed. Also HB 2180 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Ways and Means recommends SB 363, 371, 376 be passed. Also SB 104 be amended on page 1, in line 22, after the period, by inserting ``The prior approval of the governor shall be required if the applicant resides out-of-state.''; On page 4, in line 32, by striking ``the position of executive officer'' and inserting ``any position in the office''; in line 34, by striking ``out-of-state''; in line 35, after ``applicant's'', by inserting ``new''; also in line 35, by striking ``in this state''; On page 5, in line 6, after ``and'', by inserting ``subsection (a) of''; also in line 6, by striking ``or'' and inserting a period; by striking all in lines 7 through 10; and the bill be passed as amended. REPORT ON ENROLLED BILLS SR 1822, 1823 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on March 11, 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 Jones in the chair. On motion of Senator Jones the following report was adopted: Recommended that SB 379; HB 2104, 2183 be passed. Also HB 2057, 2071, 2083 be amended by adoption of the committee amendments and the bills be passed as amended. SB 72 be amended by adoption of the committee amendments, be further amended by motion of Senator Clark on page 4, in line 17, before ``custody'' by inserting ``parole eligibility date,''. The bill be amended by motion of Senator Huelskamp on page 6, in line 10, following ``appraiser'' by inserting ``or the director of property valuation'', and the bill be passed as further amended. SB 140; HB 2095 be passed over and retain a place on the calendar. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SB 72, 379; HB 2057, 2071, 2083, 2104, 2183 were advanced to Final Action and roll call. SB 72, An act concerning public records; relating to records not required to be open; confidentiality of certain records related to tax information; amending K.S.A. 1996 Supp. 45-221, 75-5133, 79-3234 and 79-3614 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 36, nays 1, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Nays: Huelskamp. Absent or not voting: Goodwin, Karr, Steineger. The bill passed, as amended. SB 379, An act concerning certain big game permits; amending K.S.A. 1996 Supp. 32937 and repealing the existing section, was considered on final action. March 11, 1997 265 On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. The bill passed. HB 2057, An act concerning real property; relating to the release of a mortgage or deed of trust, was considered on final action. On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. The bill passed, as amended. HB 2071, An act concerning insurance agents and brokers; providing for the licensing of agents; regarding continuing education requirements; concerning the certification of agents by companies; amending K.S.A. 40-241i and K.S.A. 1996 Supp. 40-240f and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. The bill passed, as amended. HB 2083, An act concerning insurance companies; regarding the reporting of material transactions; concerning the analysis of acquisitions; regarding the change of control or ownership; amending K.S.A. 40-3304 and K.S.A. 1996 Supp. 40-3302 and repealing the existing sections; also repealing K.S.A. 40-3314 and K.S.A. 1996 Supp. 40-2,158, was considered on final action. On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. The bill passed, as amended. HB 2104, An act relating to nonprofit hospital service corporations, nonprofit medical service corporations, nonprofit optometric service corporations, and nonprofit pharmacy service corporations; amending K.S.A. 19-212a, 40-112, 40-222c, 40-2,125, 40-2217, 402227, 40-2402, 40-3606, 65-28,108 and 65-6002 and K.S.A. 1996 Supp. 40-225, 40-2,116, 40-2,153 and 40-3302 and repealing the existing sections; also repealing K.S.A. 40-1801, 401802, 40-1803, 40-1804, 40-1805, 40-1806, 40-1807, 40-1808, 40-1809, 40-1811, 40-1813, 40-1816, 40-1901, 40-1902, 40-1903, 40-1904, 40-1905, 40-1906, 40-1907, 40-1908, 401911, 40-1912, 40-1914, 40-1915, 40-19b01, 40-19b02, 40-19b03, 40-19b04, 40-19b05, 4019b06, 40-19b08, 40-19b09, 40-19b11, 40-19b12, 40-19b13, 40-19b14, 40-19d01, 40-19d02, 40-19d03, 40-19d04, 40-19d05, 40-19d06, 40-19d08, 40-19d09, 40-19d11, 40-19d12, 40-19d13 and 40-19d14 and K.S.A. 1996 Supp. 40-1909, 40-19b10 and 40-19d10, was considered on final action. On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. 266 JOURNAL OF THE SENATE The bill passed. HB 2183, An act concerning the department of health and environment; licensed speech language pathologists and audiologists continuing education sponsors; amending K.S.A. 656501 and 65-6512 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 37, nays 0, present and passing 0; absent or not voting 3. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Goodwin, Karr, Steineger. The bill passed. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March 12, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+