J o u r n a l o f t h e S e n a t e FORTY-FIRST DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, March 12, 1997--2:30 p.m. The Senate was called to order by Vice-President Alicia Salisbury. The roll was called with thirty-eight senators present. Senators Clark and Morris were excused. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, You know that about this time of year we seem to go crazy over basketball. Especially when one of our teams does as well as the Jayhawks. But it occurs to me, O God, that we can learn a few things about our lives and our jobs from basketball. Help us to play to our strengths and not practice our weaknesses. Help us to concentrate on our team winning and not on how many points we score. Help us to keep using what succeeds and not be mourning over our losses. Help us to be patient and not try to score immediately. Help to do more passing and less dribbling. Remind us that a sure two points is better than a dubious three. Remind us that the one who assists is just as important as the one who scores, and that selfishness has no place in the game. And last, but not least, remind us that the whole team suffers when we foul out. I pray in the Name of Christ, AMEN REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bill was referred to Committee as indicated: Federal and State Affairs: HB 2159. CHANGE OF REFERENCE The President withdrew SB 171 from the Committee on Ways and Means, and rereferred the bill to the Committee on Education. MESSAGE FROM THE GOVERNOR March 11, 1997 To the Senate of the State of Kansas: Submitted herewith for confirmation by the Senate are appointments made by me as Governor of the State of Kansas as of March 11, 1997, pursuant to law. Bill Graves Governor Member, Public Employee Relations Board, Gregory M. Windholz, pursuant to the authority vested in me by K.S.A. 75-4323, effective upon the date of confirmation by the Senate to fill a four-year term ending March 15, 2001. Reappointed. 268 JOURNAL OF THE SENATE Member, State Board of Indigents' Defense Services, Devon F. Knoll, pursuant to the authority vested in me by K.S.A. 22-4519, effective upon the date of confirmation by the Senate to fill a three-year term ending January 15, 2000. COMMUNICATIONS FROM STATE OFFICERS CONSUMER PROTECTION IN KANSAS Attorney General Carla J. Stovall, submitted pursuant to K.S.A. 50-628, the 1996 Annual Report of the Consumer Protection Division. The Vice-President announced the above report is on file in the office of the Secretary of the Senate and is available for review at any time. MESSAGE FROM THE HOUSE Announcing passage of HB 2107. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2107 was thereupon introduced and read by title. CHANGE OF CONFERENCE The Vice-President announced the appointment of Senator Downey as a member of the Conference Committee on SB 17 to replace Senator Gilstrap. REPORTS OF STANDING COMMITTEES Committee on Commerce recommends SB 321 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 321,'' as follows: ``Substitute for SENATE BILL No. 321 By Committee on Commerce ``AN ACT concerning the workers compensation act; related to certain records maintained thereunder; amending K.S.A. 44-550b and repealing the existing section.''; and the substitute bill be passed. Committee on Education recommends HB 2098, as amended by House Committee of the Whole, be amended on page 1, in line 35, after ``district'' by inserting ``and to be furnished or provided transportation to school from the pupil's residence and from school to the pupil's residence by the receiving school district''; On page 2, in line 8, after ``receive'', by inserting ``and furnish or provide transportation for''; in line 11, after ``receive'', by inserting ``and furnish or provide transportation for''; also in line 11, before ``that'', by inserting ``the board of education of the proposed sending school district and the board of education of the proposed receiving school district agree''; also in line 11, by striking all after ``that''; in line 12, by striking all before the comma and inserting ``the condition specified in subsection (b) exists''; in line 13, by striking ``may'' and inserting ``shall''; also in line 13, by striking ``such''; also in line 13, after ``attendance'', by inserting ``of the pupil at school in the proposed receiving school district''; also in line 13, by striking ``If''; by striking all of lines 14 through 18; in line 19, by striking all before ``An''; in line 20, by striking all before ``in''; in line 25, by striking ``Except as otherwise provided in this act, pupils'' and inserting ``Pupils''; in line 27, by striking all before ``in''; following line 34, by inserting a new subsection as follows: ``(e) The provisions of this section shall expire on July 1, 1999.''; On page 4, in line 6, by striking all before ``under''; in line 7, after ``thereto'', by inserting ``, until expiration of such section on July 1, 1999''; in line 17, by striking ``or the state board of education''; in line 18, before ``or'', by inserting ``until expiration of such section on July 1, 1999,''; and the bill be passed as amended. Committee on Elections and Local Government recommends HB 2020, as amended by House Committee of the Whole, be passed. Committee on Financial Institutions and Insurance recommends HB 2075 be passed. Also SB 302 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. March 12, 1997 269 HB 2070, as amended by House Committee, be amended on page 2, following line 7, by inserting a new section as follows: ``Sec. 3. K.S.A. 1996 Supp. 9-520 is hereby amended to read as follows: 9-520. (a) Excluding shares held under the circumstances set out in paragraph (2) of subsection (a) of K.S.A. 9-519, and amendments thereto, no bank holding company or any subsidiary thereof shall directly or indirectly acquire ownership or control of, or power to vote, any of the voting shares of any bank ~~domiciled in this state~~ which holds Kansas deposits if, after such acquisition, ~~all banks domiciled in this state, in which~~ the bank holding company ~~or any subsidiary thereof has ownership or control of, or power to vote, any voting shares, would have~~ and all subsidiaries would hold or control, in the aggregate, more than 15% of the total deposits of all banks in this state plus the total deposits, savings deposits, shares and other accounts in savings and loan associations, federal savings banks and building and loan associations in this state as determined by the state bank commissioner on the basis of the most recent reports to supervisory authorities which are available at the time of the acquisition total Kansas deposits. (b) This section shall not prohibit a bank holding company or any subsidiary thereof from acquiring ownership or control of, or power to vote, any of the voting shares of any bank ~~domiciled in this state if the state bank~~ if the commissioner, in the case of a bank organized under the laws of this state, or the comptroller of the currency, in the case of a national banking association, determines that an emergency exists and that the acquisition is appropriate in order to protect the public interest against the failure or probable failure of the bank. (c) As used in this section, ``Kansas deposits'' means deposits, savings deposits, shares or similar accounts held by banks, savings and loan associations, savings banks and building and loan associations attributable to any office in Kansas where deposits are accepted as determined by the commissioner on the basis of the most recent reports to supervisory authorities which are available at the time of the acquisition.''; By renumbering the remaining sections; Also on page 2, in line 9, before ``9-1117'' by inserting ``9-520 and''; In the title, in line 10, by striking all after ``companies;''; in line 11, by striking all before ``amending'' and inserting ``bank holding companies; limitations on ownership;''; also in line 11, following ``and'' by inserting ``K.S.A. 1996 Supp. 9-520 and''; and the bill be passed as amended. Committee on Transportation and Tourism recommends HB 2073, as amended by House Committee, be passed. Also SB 332 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 332,'' as follows: ``SUBSTITUTE FOR SENATE BILL No. 332 By Committee on Transportation and Tourism ``AN ACT relating to motor vehicles; concerning the taxation thereof; amending K.S.A. 1996 Supp. 8-134a and 79-5101 and repealing the existing sections.''; and the substitute bill be passed. REPORT ON ENROLLED BILLS SR 1824 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on March 12, 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 Oleen in the chair. On motion of Senator Oleen the following report was adopted: Recommended that HB 2015 be passed. Also SB 168 be amended by adoption of the committee amendments and the bill be passed as amended. 270 JOURNAL OF THE SENATE SB 140 be amended by adoption of the committee amendments and the bill be rereferred to the Committee on Ways and Means. SB 346 be amended by adoption of the committee amendments and the bill be passed as amended. The following amendment offered by Senator Ranson to SB 346 was rejected: on page 10, by striking all after line 34; By striking all of pages 11 through 13; On page 14, by striking all before line 7; and by renumbering the existing sections; On page 21, in line 27, by striking ``44-536,''; In the title, in line 11, by striking ``44-536,''. The motion failed and the amendment was rejected. SB 292 be amended by motion of Senator Salmans on page 2, in line 8, by striking the period and inserting ``, except that nothing in this act shall grant conservation officers, deputy conservation officers and other employees authority that supersedes that of the local law enforcement authority having jurisdiction over the matter.'' The bill be further amended by motion of Senator Umbarger on page 2, line 19, by striking ``and subpoenas''. The bill be further amended by motion of Senator Kerr on page 2, after line 31, by inserting a new subsection to read as follows: ``(c) Conservation officers, deputy conservation officers and other employees employed or appointed as provided in this section shall not be deemed policemen for purposes of nor be members of the Kansas police and firemen's retirement system.''; On page 3, after line 3, by inserting a new section to read as follows: ``Sec. 3. K.S.A. 1996 Supp. 74-4952 is hereby amended to read as follows: 74-4952. As used in K.S.A. 74-4951 et seq. and amendments thereto: (1) ``Accumulated contributions'' means the sum of all contributions by a member to the system which shall be credited to the member's account with interest allowed thereon after June 30, 1982. (2) ``Disability'' means the total inability to perform permanently the duties of the position of a policeman or fireman. (3) ``Eligible employer'' means any city, county, township or other political subdivision of the state employing one or more employees as firemen or policemen. (4) ``Employee'' means any policeman or fireman employed by a participating employer whose employment for police or fireman purposes is not seasonal or temporary and requires at least 1,000 hours of work per year. (5) ``Entry date'' means the date as of which an eligible employer joins the system; the first entry date pursuant to this act is January 1, 1967. (6) ``Final average salary'' means: (a) For members who are first hired as an employee, as defined in subsection (4), before July 1, 1993, the average highest annual compensation paid to a member for any three of the last five years of participating service immediately preceding retirement or termination of employment, or if participating service is less than three years, then the average annual compensation paid to the member during the full period of participating service, or if a member has less than one calendar year of participating service, then the member's final average salary shall be computed by multiplying the member's highest monthly salary received in that year by 12; (b) for members who are first hired as an employee, as defined in subsection (4), on and after July 1, 1993, the average highest annual salary, as defined in subsection (34) of K.S.A. 74-4902 and amendments thereto, paid to a member for any three of the last five years of participating service immediately preceding retirement or termination of employment, or if participating service is less than three years, then the average annual salary, as defined in subsection (34) of K.S.A. 74-4902 and amendments thereto, paid to the member during the full period of participating service, or if a member has less than one calendar year of participating service, then the member's final average salary shall be computed by multiplying the member's highest monthly salary received in that year by 12; (c) for purposes of subparagraphs (a) and (b) of this subsection, the date that such member is first hired as an employee for members who are employees of employers that March 12, 1997 271 elected to participate in the system on or after January 1, 1994, shall be the date that such employee's employer elected to participate in the system; and (d) for any application to purchase or repurchase service credit for a certain period of service as provided by law received by the system after May 17, 1994, for any member who will have contributions deducted from such member's compensation at a percentage rate equal to two or three times the employee's rate of contribution or who will have contributions deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 744919 and amendments thereto or will begin paying to the system a lump-sum amount for such member's purchase or repurchase, and such deductions or lump-sum payment commences after the commencement of the first payroll period in the third quarter, ``final average salary'' shall not include any amount of compensation or salary which is based on such member's purchase or repurchase. Any application to purchase or repurchase multiple periods of service shall be treated as multiple applications. (7) ``Retirement benefit'' means a monthly income or the actuarial equivalent thereof paid in such manner as specified by the member as provided under the system or as otherwise allowed to be paid at the discretion of the board, with benefits accruing from the first day of the month coinciding with or following retirement and ending on the last day of the month in which death occurs. Upon proper identification such surviving spouse may negotiate the warrant issued in the name of the retirant. (8) ``Normal retirement date'' means the date on or after which a member may retire with eligibility for retirement benefits for age and service as provided in subsections (1) and (3) of K.S.A. 74-4957 and amendments thereto; (9) ``Retirement system'' or ``system'' means the Kansas police and firemen's retirement system as established by this act and as it may be hereafter amended. (10) ``Service-connected'' means with regard to a death or any physical or mental disability, any such death or disability resulting from external force, violence or disease occasioned by an act of duty as a policeman or fireman and, for any member after five years of credited service, includes any death or disability resulting from a heart disease or disease of the lung or respiratory tract or cancer as provided in this subsection, except that in the event that the member ceases to be a contributing member except by reason of a serviceconnected disability for a period of six months or more and then again becomes a contributing member, the provision relating to death or disability resulting from a heart disease, disease of the lung or respiratory tract or cancer as provided in this subsection shall not apply until such member has again become a contributing member for a period of not less than two years or unless clear and precise evidence is presented that the heart disease, disease of the lung or respiratory tract or cancer as provided in this subsection was in fact occasioned by an act of duty as a policeman or fireman. The provisions of this section relating to the presumption that the death or disability resulting from cancer is service-connected shall only apply if the condition that caused the death or disability is a type of cancer which may, in general, result from exposure to heat, radiation or a known carcinogen. (11) ``Fireman'' or ``firemen'' means an employee assigned to the fire department and engaged in the fighting and extinguishment of fires and the protection of life and property therefrom or in support thereof and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such. (12) ``Police,'' ``policeman'' or ``policemen'' means an employee assigned to the police department and engaged in the enforcement of law and maintenance of order within the state and its political subdivisions, including sheriffs and sheriffs' deputies, or in support thereof and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such. ``Police'', ``policeman'' or ``policemen'' shall not include any conservation officer, deputy conservation officer or other employee of the department of wildlife and parks employed or appointed as provided in K.S.A. 32-808 and amendments thereto. 272 JOURNAL OF THE SENATE (13) Except as otherwise defined in this act, words and phrases used in K.S.A. 74-4951 et seq. and amendments thereto, shall have the same meanings ascribed to them as are defined in K.S.A. 74-4902 and amendments thereto.''; And by renumbering sections accordingly; Also on page 3, in line 4, after ``32-1048'' by inserting ``and K.S.A. 1996 Supp. 74-4952''; On page 1, in the title, in line 9, after the semicolon by inserting ``retirement;''; in line 10, after ``32-1048'' by inserting ``and K.S.A. 1996 Supp. 74-4952'', and SB 292 be passed as amended. The committee report on SB 317 recommending a substitute bill be adopted and Sub. SB 317 be amended by motion of Senator Corbin on page 7, in line 14, by striking ``state general'' and inserting ``warehouse fee'', and the substitute bill be passed as amended. HB 2110 be amended by motion of Senator Salmans on page 3, in line 43, by striking ``com-''; On page 4, in line 1, by striking all before ``which'' and inserting ``information technology''; in lines 13 and 14, by striking ``computers and telecommunications'' and inserting ``infor mation technology''; in lines 38 and 39, by striking ``computers and telecommunications'' and inserting ``information technology''; in line 41, by striking ``computers and telecom munications'' and inserting ``information technology''; On page 5, in lines 3 and 4, by striking ``computers and telecommunications'' and inserting ``information technology''; in lines 8 and 9, by striking ``computers and telecommunications'' and inserting ``information technology''; in line 10, by striking ``computers and telecom munications'' and inserting ``information technology''; after line 12, by inserting: ``(h) (1) On the effective date of this act the joint committee on computers and tele communications shall be and is hereby officially designated as the joint committee on in formation technology. (2) On and after the effective date of this act, whenever the joint committee on com puters and telecommunications, or words of like effect, is referred to or designated by a statute, contract or other document, created before the effective date of this act, such reference or designation shall mean and apply to the joint committee on information tech nology. (3) Nothing in this act shall be construed as abolishing or reestablishing the joint com mittee on computers and telecommunications. Sec. 4. K.S.A. 46-2102 is hereby amended to read as follows: 46-2102. In addition to other powers and duties authorized or prescribed by law or by the legislative coordinating council, the joint committee on ~~computers and telecommunications~~ information technology shall: (a) Study the use by state agencies and institutions of computers, telecommunications and information technologies; (b) review new governmental computer hardware and software acquisition, information storage, transmission, processing and telecommunications technologies proposed by state agencies and institutions, including budget estimates for implementation of the same, and make recommendations thereon to the ways and means committee of the senate and the committee on appropriations of the house of representatives; (c) study the progress and results of all newly implemented governmental computer hardware and software, information storage, transmission, processing and telecommunica tions technologies of state agencies and institutions; and (d) make an annual report to the legislative coordinating council as provided in K.S.A. 46-1207 and amendments thereto and such special reports to committees of the house of representatives and senate as are deemed appropriate by the joint committee.''; By renumbering sections 4 through 6 accordingly; On page 8, after line 26, by inserting: ``Sec. 8. K.S.A. 1996 Supp. 75-4740 is hereby amended to read as follows: 75-4740. (a) There is hereby established the Kansas information resources council which shall be at tached to the department of administration for purposes of administrative functions. (b) The council shall be composed of 20 members as follows: The secretary of ad ministration; the secretary of health and environment; the secretary of human resources; the secretary of revenue; the secretary of social and rehabilitation services; the secretary of March 12, 1997 273 transportation; the judicial administrator of the Kansas supreme court; the executive director of the Kansas board of regents; the chairperson of the joint committee on ~~computers and telecommunications~~ information technology; the commissioner of education; four additional chief administrative officers of various state agencies; and three representatives from the private sector, the chief information architect and the director of the budget to serve as advisory, nonvoting members. In addition, during those periods of time when the chairper son of the joint committee on ~~computers and telecommunications~~ information technology is a member of the senate, one member of the council shall be a member of the house of representatives appointed by the chairperson of the committee on appropriations of the house of representatives and during those periods of time when the chairperson of the joint committee on ~~computers and telecommunications~~ information technology is a member of the house of representatives, one member of the council shall be a member of the senate appointed by the chairperson of the committee on ways and means of the senate. The four chief administrative officers and representatives from the private sector shall be appointed by the governor for a term not to exceed 18 months. Members, other than members ap pointed to the council, shall be permanent members on the council. Upon expiration of a member's term, the member shall continue to hold office until the appointment of a suc cessor. (c) The secretary of administration shall serve as the interim chairperson until such time as a permanent chair is determined by the council. (d) The council shall hold meetings and hearings in the city of Topeka or at such times and places as it designates, on call of the chairperson or on request of four or more members. (e) Members of the council may not appoint an individual to represent them on the council. (f) Members of the council shall not be eligible for compensation, subsistence allow ances, mileage or other expenses as provided in K.S.A. 75-3223 and amendments thereto for attendance at any meeting of the council or any subcommittee meeting authorized by the council, except that (1) agencies may pay subsistence, mileage and other expenses to their representatives on the council, and (2) legislators serving as members of the council shall receive compensation and travel expenses and subsistence expenses or allowances as provided by K.S.A. 75-3212 and amendments thereto. Sec. 9. K.S.A. 1996 Supp. 75-5147 is hereby amended to read as follows: 75-5147. The secretary of revenue is hereby authorized to enter into contracts to acquire automated tax systems, including computer hardware and software therefor, for use in the registration of taxpayers, processing of remittances and returns, and collection of delinquent taxes and any interest and penalties thereon. Any contracts entered into between the secretary of revenue and vendors of automated tax systems shall provide (1) for payment of fees for the automated tax system on the basis of a percentage of the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section or (2) for payment of fees for the auto mated tax system on a fixed fee contract basis, such fees to be paid from the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section. All contracts entered into under this section shall be entered into pursuant to procurement negotiating committee procedures as provided in K.S.A. 75-37,102 and amendments thereto. Prior to publishing or distributing a request for proposal, such request for proposal shall be reviewed by the joint committee on ~~computers and telecommunications~~ information technology. Dur ing each regular session of the legislature, the secretary of revenue shall submit a report to the committee on ways and means of the senate and the committee on appropriations of the house of representatives. Such report shall include detailed information on the costs and benefits of implementing automated tax systems during the fiscal year immediately preceding the submission of the report. The report required hereunder shall be made an nually until two complete fiscal years have elapsed following full implementation of auto mated tax systems by the secretary of revenue. In addition, the director of the budget and the director of the legislative research department shall prepare annually a joint consensus 274 JOURNAL OF THE SENATE on the amount of increased tax, interest and penalty collections which are attributable to the automated tax system and shall report their findings during each regular session of the legislature to the committee on ways and means of the senate and the committee on ap propriations of the house of representatives. Nothing in this section shall prohibit the sec retary of revenue from acquiring any goods or services through appropriations for any de partment of revenue function or program not specifically included in any contract entered into pursuant to this section. Sec. 10. K.S.A. 1996 Supp. 76-3,100 is hereby amended to read as follows: 76-3,100. Each acquisition of data processing hardware or software by the university of Kansas medical center for the university hospital information systems shall be exempt from the provisions of K.S.A. 75-4705, 75-4706, 75-4707, 75-4709 and 75-3739 and amendments thereto and shall not be subject to approval under any statute other than those contained in article 3 or article 7 of chapter 76 of the Kansas Statutes Annotated. In addition to other procedures, the university of Kansas medical center is hereby authorized to acquire data processing hardware and software for the university hospital information systems by sole source ne gotiation. The university of Kansas medical center shall file with the director of purchases of the department of administration and shall update periodically a plan for future acqui sitions under this section. The university of Kansas medical center shall submit a written report in each calendar quarter to the secretary of administration, to the chairpersons of the senate committee on ways and means and the house of representatives committee on appropriations, and to the joint committee on ~~computers and telecommunications~~ infor mation technology on all contracts for acquisition of data processing hardware and software entered into under this section during such calendar quarter.''; Also on page 8, by renumbering the remaining sections accordingly; in line 27, before the first ``and'' by inserting ``, 46-2102''; in line 28, by striking ``and 65-34,154'' and inserting ``, 65-34,154, 75-4740, 75-5147 and 76-3,100''; In the title, in line 12, before the first ``and'' by inserting ``, 46-2102''; in line 13, by striking ``and 65-34,154'' and inserting ``, 65-34,154, 75-4740, 75-5147 and 76-3,100'', and the bill be passed as amended. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 13, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+