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


                                FORTY-FIFTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                            Tuesday, March 18, 1997--2:30 p.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with forty senators present.
  Invocation by Chaplain Fred S. Hollomon:
     Heavenly Father,
     In the third chapter of Ecclesiastes You tell us there is a time for all
   things followed by a list of things for which there is a time.
     Please permit me to paraphrase this passage to address the situations we
   face from time to time.
     Help us to know:
     The time to be political and the time to be bipartisan.
     The time to be mad and the time to be glad.
     The time to compromise and the time to polarize.
     The time to compete and the time to retreat.
     The time to agree and the time to disagree.
     The time to be tough and the time to be tender.
     The time to act and the time to react.
     The time for zest and the time for rest.
     The time for zeal and the time to yield.
     The time to defend and the time to amend.
     The time to speak up and the time to shut up.
     And for me that time has come as I pray in the Name of Christ.
     AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following concurrent resolution was introduced and read by title:
SENATE CONCURRENT RESOLUTION No. 1611--
                   By Committee on Public Health and Welfare
A CONCURRENT RESOLUTION establishing a task force to study the accessibility
of personal records and information which are held in the public domain and
to determine the adequacy of current state law in protecting the privacy of
individual citizens.
  WHEREAS, The state has a vital interest in having access to certain
personal information about individual citizens in order to carry out the
necessary functions of government; and
  WHEREAS, The state has an obligation to assure individuals that information
gathered and held by the state through one of its agencies will only be used
for intended and lawful purposes; and

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  WHEREAS, The growing use of computers to access information held in the
public domain through the Internet has raised questions of confidentiality
and privacy:  Now, therefore,
  Be it resolved by the Senate of the State of Kansas, the House of
Representatives concurring therein:  That a task force be established to
study the extent to which personal information is gathered and maintained in
the public domain, the accessibility and availability of such information to
the public, the extent to which such information should be confidential and
not subject to disclosure except for expressly intended purposes, the
adequacy of current laws and regulations in protecting the privacy of
individual citizens by limiting access to such information; and
recommendations for legislative and regulatory changes to address the
problem; and
  Be it further resolved:  That a task force be formed consisting of
nine members, three appointed by the governor, two appointed by the president
of the senate, one appointed by the minority leader of the senate, two
appointed by the speaker of the house of represen tatives and one appointed
by the minority leader of the house of representatives. The gov ernor shall
select one member to serve as chairperson; and
  Be it further resolved:  That the task force shall submit its report
and recommendations to the governor and the legislature on or before January
12, 1998.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Commerce: HB 2479.
  Energy and Natural Resources: Sub. HB 2368.
  Federal and State Affairs: HB 2484.
  Ways and Means: SB 383.

REFERRAL OF APPOINTMENTS

  The following appointment made by the Attorney General and submitted to the
senate for confirmation, was referred to Committee as indicated:
Crime Victims Compensation Board, Earline Wesley, to serve at the
pleasure of the Attorney General, a term to expire March 15, 2001.
                                  (Judiciary)

MESSAGE FROM THE GOVERNOR

  SB 2, 45, 46, 88 approved on March 18, 1997.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2498; SB 225, 245, 246.
  Also, passage of SB 63, as amended.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2498 was thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

  On motion of Senator Praeger the Senate nonconcurred in the House
amendments to SB 197 and requested a conference committee be appointed.
  The President appointed Senators Praeger, Salmans and Steineger as a
conference com mittee on the part of the Senate.
  On motion of Senator Praeger the Senate nonconcurred in the House
amendments to SB 201 and requested a conference committee be appointed.
  The President appointed Senators Praeger, Salmans and Steineger as a
conference com mittee on the part of the Senate.

ORIGINAL MOTION

  On motion of Senator Emert, the Senate acceded to the request of the House
for a conference on HB 2110.
  The President appointed Senators Emert, Morris and Hensley as conferees on
the part of the Senate.

                                 March 18, 1997                             303


REPORTS OF STANDING COMMITTEES

  Committee on Education recommends HB 2031 be amended as recommended
by Senate Committee on Assessment and Taxation as reported in the Journal of
the Senate on March 13, 1997, and the bill, as printed with amendments by
Senate Committee, be further amended on page 2, in line 26, after ``1.'', by
inserting ``On July 1, 1997,''; also in line 26, after ``72-6407'', by
inserting ``shall be and'';
  On page 4, in line 10, by striking ``on the basis'' and inserting ``by
adding one-half the number of pupils by which enrollment in the current
school year has decreased from en rollment in the preceding school year to
enrollment in the current school year, except that such computation shall not
be applied to decreases in enrollment in the current school year that are in
excess of 4%''; in line 15, before ``and'', by inserting ``ancillary school
facilities weighting, if any,'';
  On page 5, following line 17, by inserting a new subsection as follows:
  ``(l)  ''Ancillary school facilities weighting`` means an addend component
assigned to en rollment of districts to which the provisions of K.S.A. 1996
Supp. 72-6441, and amendments thereto, apply on the basis of costs
attributable to commencing operation of new school facilities. Ancillary
school facilities weighting may be assigned to enrollment of a district only
if the district has levied a tax under authority of K.S.A. 1996 Supp.
72-6441, and amendments thereto, and remitted the proceeds from such tax to
the state treasurer. An cillary school facilities weighting is in addition to
assignment of school facilities weighting to enrollment of any district
eligible for such weighting.'';
  Also on page 5, in line 18, after ``Sec. 2.'', by inserting ``On July 1,
1997,''; also in line 18, after ``72-6410'', by inserting ``shall be and'';
  On page 6, in line 29, after ``Sec. 3.'', by inserting ``On July 1,
1997,''; also in line 29, after ``72-6412'', by inserting ``shall be and'';
  On page 7, in line 35, after ``Sec. 4.'', by inserting ``On July 1,
1997,''; also in line 35, after ``72-6414'', by inserting ``shall be and'';
in line 38, by striking ``.065'' and inserting ``.06''; following line 41, by
inserting a new section as follows:
  ``New Sec. 5.  (a) The ancillary school facilities weighting of each
district shall be de termined in each school year in which such weighting may
be assigned to enrollment of the district as follows:
  (1)  Add the amount authorized under subsection (a) of K.S.A. 1996 Supp.
72-6441, and amendments thereto, to be produced by a tax levy and certified
to the state board by the board of tax appeals to the amount, if any,
computed under subsection (b) of K.S.A. 1996 Supp. 72-6441, and amendments
thereto, to be produced by a tax levy;
  (2)  divide the sum obtained under (1) by base state aid per pupil. The
quotient is the ancillary school facilities weighting of the district.
  (b)  The provisions of this section shall take effect and be in force from
and after July 1, 1997.''
  Also on page 7, in line 42, by striking ``5'' and inserting ``6''; also in
line 42, before ``K.S.A.'', by inserting ``On July 1, 1997,''; also in line
42, after ``72-6431'', by inserting ``shall be and'';
  On page 8, following line 35, by inserting two new sections as follows:
  ``Sec. 7.  On July 1, 1997, K.S.A. 1996 Supp. 72-6438 shall be and is
hereby amended to read as follows: 72-6438. (a) The state school district
finance fund, established by K.S.A. 1991 Supp. 72-7081 prior to its repeal by
this act, is hereby continued in existence and shall consist of (1) all
moneys credited to such fund under K.S.A. 72-6418 and 72-6431 and K.S.A.
1996 Supp. 72-6441, and amendments thereto, and (2) all amounts
transferred to such fund.
  (b)  The state school district finance fund shall be used for the purpose
of school district finance and for no other governmental purpose. It is the
intent of the legislature that the fund shall remain intact and inviolate for
such purpose, and moneys in the fund shall not be subject to the provisions
of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
  (c)  Amounts in the state school district finance fund shall be allocated
and distributed to school districts as a portion of general state aid
entitlements provided for under this act.
  Sec. 8.  On July 1, 1997, K.S.A. 1996 Supp. 72-6441 shall be and is hereby
amended to read as follows: 72-6441. (a) (1) The board of any district to
which the provisions of this

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subsection apply may levy an ad valorem tax on the taxable tangible property
of the district each year for a period of time not to exceed two years in an
amount not to exceed the amount authorized by the state board of tax appeals
under this subsection for the purpose of financing that portion of the
costs incurred by the state that are directly attributable to
commencing operation of one or more new school facilities which is not
financed from any other source provided by law assignment of ancillary
school facilities weighting to enrollment of the district. The state board
of tax appeals may authorize the district to make a levy which will produce
an amount that is not greater than the difference between the amount of costs
directly attributable to commencing operation of one or more new school
facilities and the amount that is financed from any other source
provided by law for such purpose under the school district finance
and quality performance act, including any amount attributable to
assignment of school facilities weighting to enrollment of the district for
each school year in which the district is eligible for such weighting. If
the district is not eligible, or will be ineligible, for school facilities
weighting in any one or more years during the two-year period for which the
district is authorized to levy a tax under this subsection, the state board
of tax appeals may authorize the district to make a levy, in such year or
years of ineligibility, which will produce an amount that is not greater than
the actual amount of costs attributable to commencing operation of the
facility or facilities.
  (2)  The board of tax appeals shall certify to the state board of
education the amount authorized to be produced by the levy of a tax under
subsection (a).
  (2) (3)  The state board of tax appeals may adopt rules and
regulations necessary to properly effectuate the provisions of this
subsection, including rules relating to the evidence required in support of a
district's claim that the costs attributable to commencing operation of one
or more new school facilities are in excess of the amount that is financed
from any other source provided by law for such purpose under the
school district finance and quality performance act.
  (3) (4)  The provisions of this subsection apply to any
district that (A) commenced op eration of one or more new school facilities
in the school year preceding the current school year or has commenced or will
commence operation of one or more new school facilities in the current school
year or any or all of the foregoing, and (B) is authorized to adopt and has
adopted a local option budget in an amount equal to the state prescribed
percentage of the amount of state financial aid determined for the district
in the current school year, and (C) is experiencing extraordinary enrollment
growth as determined by the state board of education.
  (b)  The board of any district that has levied an ad valorem tax on the
taxable tangible property of the district each year for a period of two years
under authority of subsection (a) for the purpose of financing a portion
of the costs attributable to commencing operation of one or more new school
facilities may continue to levy such a tax for such purpose
under authority of this subsection each year for an additional period of time
not to exceed three years in an amount not to exceed the amount computed by
the state board of education as provided in this subsection if the board of
the district determines that the costs attributable to commencing operation
of such one or more new school facility or facilities are
significantly greater than the costs attributable to the operation of other
school facilities in the district. The tax authorized under this subsection
may be levied at a rate which will produce an amount that is not greater than
the amount computed by the state board of education as provided in this
subsection. In computing such amount, the state board shall (1) determine the
amount produced by the tax levied by the district under authority of
subsection (a) in the second year for which such tax was levied and add to
such amount the amount of general state aid directly attributable to school
facilities weighting that was received by the district in the same year, and
(2) compute 75% of the amount of the sum obtained under (1), which computed
amount is the amount the district may levy in the first year of the
three-year period for which the district may levy a tax under authority of
this subsection, and (3) compute 50% of the amount of the sum obtained under
(1), which computed amount is the amount the district may levy in the second
year of the three-year period for which the district may levy a tax under
authority of this subsection, and (4) compute 25% of the amount of the sum
obtained under (1), which computed amount is the amount the district may levy

                                 March 18, 1997                             305

in the third year of the three-year period for which the district may levy a
tax under authority of this subsection.
  (c)  The proceeds from the tax levied by a district under authority of this
section shall be deposited in the supplemental general fund of the
district, budgeted in the local option budget of the district as an addition
to the amount of such budget adopted under authority of and in accordance
with the provisions of K.S.A. 72-6433, and amendments thereto, and used
exclusively to supplement amounts expended from the general fund of the
district for payment of the costs attributable to commencing operation of new
school facilities remitted to the state treasurer. Upon receipt of such
remittance, the state treasurer shall deposit the same in the state treasury
to the credit of the state school district finance fund.''
  Also on page 8, in line 36, by striking ``6'' and inserting ``9''; also in
line 36, before ``K.S.A.'', by inserting ``On July 1, 1997,''; also in line
36, after ``72-6442'', by inserting ``shall be and'';
  On page 9, following line 14, by inserting a new section as follows:
  ``New Sec. 10.  (a) For the purposes of the school district finance and
quality perform ance act, and notwithstanding any provision of the act to the
contrary, the school facilities weighting of each district to which the
provisions of this section apply shall be determined in the 1996-97 school
year as follows:
  (1)  Determine the number of pupils, included in enrollment of the
district, who are attending a new school facility;
  (2)  multiply the number of pupils determined under (1) by .33. The product
is the school facilities weighting of the district.
  (b)  For districts to which the provisions of this section apply, the
school facilities weight ing prescribed under subsection (a) is in lieu of
the school facilities weighting prescribed under K.S.A. 72-6415, and
amendments thereto.
  (c)  For the purpose of assigning the school facilities weighting
prescribed under sub section (a) to enrollment of the districts to which the
provisions of this section apply, the term ``new school facility'' means any
school facility which a district commenced operating in the 1995-96 school
year or in the 1996-97 school year.
  (d)  The provisions of this section apply to any district that (1)
commenced operation of one or more new school facilities in the 1992-93
school year or in any school year succeeding the 1992-93 school year up to
and including the 1996-97 school year, and (2) is authorized to adopt and has
adopted a local option budget in an amount equal to the state prescribed
percentage of the amount of state financial aid determined for the district
in the current school year, and (3) is experiencing extraordinary enrollment
growth as determined by the state board of education, and (4) has been
authorized to levy an ad valorem tax on the taxable tangible property of the
district under K.S.A. 1996 Supp. 72-6441, which statutory section is repealed
by this act, for the purpose of financing a portion of the costs attributable
to commencing operation of one or more new school facilities.
  (e)  The proceeds from the tax levied by a district under authority of
K.S.A. 1996 Supp. 72-6441, and amendments thereto, prior to the effective
date of this act shall be retained in the supplemental general fund of the
district and used exclusively to reduce the amount of the tax levied by the
district in the 1997-98 school year under authority of K.S.A. 726435, and
amendments thereto.
  (f)  The provisions of this section shall expire on June 30, 1998.''
  By renumbering sections 7 through 19 as sections 11 through 23,
respectively;
  Also on page 9, in line 15, before ``K.S.A.'', by inserting ``On July 1,
1997,''; also in line 15, after ``79-5105'', by inserting ``shall be and'';
  On page 11, in line 31, before ``K.S.A.'', by inserting ``On July 1,
1997,''; also in line 31, after ``79-32,110'', by inserting ``shall be and'';
  On page 13, in line 30, before ``K.S.A.'', by inserting ``On July 1,
1997,''; also in line 30, after ``79-3603'', by inserting ``shall be and'';
  On page 42, in line 1, before ``K.S.A. 72-6414'', by inserting ``On July 1,
1997,''; in line 2, after ``72-6412,'', by inserting ``72-6412a,''; also in
line 2, after ``72-6431a,'', by inserting ``72-6438, 72-6441,''; also in line
2, after ``72-6442,'' by inserting ``72-6442a,''; in line 3, after
``79-3603'', by inserting ``shall be and''; in line 5, by striking ``statute
book'' and inserting ``Kansas register'';

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  In the title, in line 33, after ``72-6431,'', by inserting ``72-6438,
72-6441,''; in line 34, by striking ``and'' and inserting a comma; also in
line 34, after ``79-4502'', by inserting ``and 795105 and repealing the
existing sections''; in line 35, after ``Supp.'', by inserting ``72-6412a,'';
also in line 35, after ``72-6431a'', by inserting ``and 72-6442a'' and the
bill be passed as amended.
  Committee on Elections and Local Government recommends HB 2223,
as amended by House Committee, be passed.
  Also recommends HB 2315, as amended by House Committee of the Whole,
be passed.
  Committee on Public Health and Welfare recommends HB 2288 be
passed.
  Committee on Ways and Means recommends that SB 140, as amended
by adoption of the amendments recommended by Senate Committee on Judiciary as
reported in the Journal of the Senate on March 3, 1997, be passed.

REPORT ON ENROLLED BILLS

  SB 2, 45, 46, 88 reported correctly enrolled, properly signed and
presented to the Gov ernor on March 14, 1997.
  SB 135 reported correctly enrolled, properly signed and presented to
the Governor on March 17, 1997.
  SR 1825, 1826, 1827, 1828 reported correctly enrolled, properly
signed and presented to the Secretary of the Senate on March 17, 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 Clark in the chair.
  On motion of Senator Clark the following report was adopted:
  Recommended that SB 363, 371, 376; HB 2073, 2112, 2184, 2329 be
passed.
  Also SR 1811 be adopted.
  The committee reports on SB 321, 332 recommending substitute bills be
adopted and Sub. SB 321, Sub. SB 332 be passed.
  SB 280, HB 2108 be amended by adoption of the committee amendments,
and the bills be passed as amended.
  HB 2020 be amended by motion of Senator Hardenburger on page 3,
following line 29, by inserting a new paragraph:
  ``If there is a dispute between landowners regarding the location of a
township road, the county engineer shall determine the location of the
road.'', and the bill be passed as amended.
  SB 104 be passed over and retain its place on the calendar.
  On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday,
March 19, 1997.