J o u r n a l o f t h e S e n a t e FORTY-SIXTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, March 19, 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, Help me to get along with my colleagues. Since there're only forty here And I see them every day; Not once but many times, My composure goes astray. I hear them in committees, And I see them in the halls. They're here in General Orders And when the roll is called. After weeks of close encounter My nerves begin to fray. People whom I used to like I wish would go away. Things I used to take in stride Now drive me up the wall. I think my disposition Could use an overhaul! In anger I have said some things Of which I am ashamed; And in my better moments I know they're not to blame. I have forgotten something, Lord, I learned in Sunday School. It really works when it's applied; It's called the Golden Rule. So help me, Lord, to practice The rule that pleases Thee: Treating colleagues how I'd like For colleagues to treat me. I pray in Jesus' Name, AMEN REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bill and resolution were referred to Committees as indicated: Elections and Local Government: SCR 1611. Ways and Means: HB 2498. 308 JOURNAL OF THE SENATE MESSAGE FROM THE HOUSE Announcing passage of SB 169, 267. Also, passage of SB 232, as amended. The House accedes to the request of the Senate for a conference on SB 197 and has appointed Representatives Mayans, Morrison and Henry as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 201 and has appointed Representatives Mayans, Morrison and Henry as conferees on the part of the House. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Morris the Senate nonconcurred in the House amendments to SB 63 and requested a conference committee be appointed. The President appointed Senators Morris, Umbarger and Karr as a conference committee on the part of the Senate. FINAL ACTION ON CONSENT CALENDAR SB 302; HB 2021, 2180 having appeared on the Consent Calendar for the required two full legislative days without objection from any member, were considered on final action. SB 302, An act concerning the uniform management of institutional funds act; relating to appropriation of appreciation; amending K.S.A. 58-3602 and repealing the existing sec tion, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. HB 2021, An act concerning the Kansas commission on veterans affairs; relating to cer tain employees; amending K.S.A. 73-1210a and repealing the existing section, was consid ered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. HB 2180, An act repealing K.S.A. 65-461, 65-462, 65-463, 65-464, 65-465, 65-466 and 65-467; concerning the certification of facilities providing services and care for post-acute trauma head-injured persons, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 280, An act concerning tax increment financing; amending K.S.A. 1996 Supp. 121773 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, March 19, 1997 309 Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Huelskamp. The bill passed, as amended. Sub. 321, An act concerning the workers compensation act; related to certain records maintained thereunder; amending K.S.A. 44-550b and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The substitute bill passed. Sub. 332, 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, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The substitute bill passed. SB 363, An act relating to funding and administration of death benefits for certain state officers or employees; authorizing the secretary of administration to provide such benefits, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. SB 371, An act relating to the university of Kansas; concerning health care benefits for certain state employees, was considered on final action. On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Pugh, Tyson. The bill passed. SB 376, An act concerning the Kansas civil service act; relating to certain state officers and employees in the classified and unclassified service thereunder; concerning the state board of indigents' defense services; amending K.S.A. 22-4524 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Pugh. The bill passed. SR 1811, A resolution memorializing Congress to revise certain laws which prohibit a disabled military veteran from receiving both full retirement pay and disability compensation benefits, was considered on final action. 310 JOURNAL OF THE SENATE On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The resolution was adopted. HB 2020, An act concerning townships; relating to the governing bodies thereof; amend ing K.S.A. 1996 Supp. 68-115 and 80-304 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Donovan, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Karr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Schraad, Steffes, Steineger, Vi dricksen. Nays: Clark, Corbin, Emert, Jordan, Kerr, Oleen, Ranson, Salisbury, Salmans, Tyson, Umbarger. The bill passed, as amended. HB 2073, An act relating to the division of vehicles; concerning the expiration date of driver's licenses and nondriver identification cards; amending K.S.A. 8-1325 and K.S.A. 1996 Supp. 8-240, 8-246 and 8-247 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Pugh. The bill passed. HB 2108, An act concerning the Kansas commission on veterans affairs; relating to Per sian Gulf War syndrome; establishing an advisory board; prescribing powers, duties, func tions and guidelines for the commission and advisory board; providing for confidentiality of certain information and exceptions thereto; establishing the Persian Gulf War veterans health initiative fund; providing for certain contributions, was considered on final action. On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Corbin, Hardenburger, Ranson, Salisbury, Tyson. The bill passed, as amended. HB 2112, An act concerning special education services; relating to termination of agree ments entered into by school districts for the provision of such services; amending K.S.A. 72-968 and 72-8230 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Salmans. The bill passed. HB 2184, An act concerning the department of health and environment; licensed die titian continuing education sponsors; amending K.S.A. 65-5902 and K.S.A. 1996 Supp. 655913 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0. March 19, 1997 311 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Vidricksen. Nays: Huelskamp, Kerr, Umbarger. The bill passed. HB 2329, An act concerning the changing of the domicile of foreign insurance companies, was considered on final action. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. REPORTS OF STANDING COMMITTEES Committee on Commerce recommends HB 2022, as amended by House Committee, be amended on page 12, in line 26, by striking ``section'' and inserting ``subsection''; and the bill be passed as amended. Committee on Federal and State Affairs recommends HB 2444 be passed. Committee on Judiciary recommends HB 2308 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 Transportation and Tourism recommends HB 2123 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Also HB 2093, as amended by House Committee, be amended on page 2, in line 38, by striking ``Local'' and inserting ``Except as provided in subsection (h), local''; in line 39, by striking ``based on'' and inserting ``by''; also in line 39, by striking ``or with-''; in line 40, by striking all preceding ``the''; On page 3, following line 23, by inserting the following: ``(h) Local authorities who have jurisdiction over county or township highways may determine based on an engineering and traffic investigation or without an engineering and traffic investigation the proper maximum speed for such county or township highways and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this act, except that in no event shall any local authority establish any such maximum limit in excess of 65 miles per hour.''; and the bill be passed as amended. HB 2202, as amended by House Committee, be amended on page 2, in line 17, following ``a'' by inserting ``volunteer firefighter for a''; on page 3, following line 23, by inserting the following: ``Sec. 2. K.S.A. 1996 Supp. 8-234a is hereby amended to read as follows: 8-234a. (a) As used in the motor vehicle drivers' license act, the following words and phrases shall have the meanings respectively ascribed to them herein: (1) ``Drivers' license examiner'' or ``examiner'' means a drivers' license examiner of the division of vehicles or any person whom the director of vehicles has authorized, pursuant to the authority granted by this act, to accept applications for drivers' licenses and administer the examinations required for the issuance or renewal of drivers' licenses; (2) ``nonresident'' means every person who is not a resident of this state. For the pur poses of the motor vehicle drivers' license act any person who owns, rents or leases real estate in Kansas as such person's residence and engages in a trade, business or profession within Kansas or registers to vote in Kansas or enrolls such person's children in a school in this state or purchases Kansas registration for a motor vehicle, shall be deemed a resident of the state of Kansas 90 days after the conditions stated in this subsection commence, except that military personnel on active duty and their military dependents who are residents 312 JOURNAL OF THE SENATE of another state, shall not be considered residents of the state of Kansas for the purpose of this act;
and(3) ``patrol'' means the state highway patrol.; and (4) ``volunteer fire department'' means a fire department that utilizes both full-paid and volunteer firefighters to furnish fire-fighting services, except that it shall not include fire departments located in a city of the first or second class which has a population of 25,000 or more. (b) As used in this act, the words and phrases defined by the sections in article 14 of chapter 8 of the Kansas Statutes Annotated shall have the meanings respectively ascribed to them therein, unless a different meaning is ascribed to any such word or phrase by subsection (a) of this section. Sec. 3. K.S.A. 1996 Supp. 8-2,128 is hereby amended to read as follows: 8-2,128. As used in this act: (a) ``Alcohol'' means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol; (b) ``alcohol concentration'' means: (1) The number of grams of alcohol per 100 milliliters of blood; or (2) the number of grams of alcohol per 210 liters of breath; (c) ``commercial driver's license'' means a commercial license issued pursuant to K.S.A. 8-234b, and amendments thereto; (d) ``commercial driver license system'' means the information system established pur suant to the commercial motor vehicle safety act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers; (e) ``instruction permit'' means a permit issued pursuant to K.S.A. 8-294, and amend ments thereto; (f) ``commercial motor vehicle'' means a motor vehicle designed or used to transport passengers or property, if: (1) The vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating, as determined by rules and regulations adopted by the secretary, but shall not be more restrictive than the federal regulation; (2) the vehicle is designed to transport 16 or more passengers, including the driver; or (3) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. 172, subpart F, effective January 1, 1991; (g) ``controlled substance'' means any substance so classified under K.S.A. 65-4101, and amendments thereto; (h) ``conviction'' means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law and in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated; (i) ``disqualification'' means a prohibition against driving a commercial motor vehicle, including the suspension, revocation or cancellation of the privilege to drive a commercial motor vehicle; (j) ``drive'' means to drive, operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of K.S.A. 82,144 and 8-2,145 and K.S.A. 8-2,137, 8-2,138 and 8-2,142, and amendments thereto, ``drive'' includes operation or physical control of a motor vehicle anywhere in the state; (k) ``driver'' means any person who drives, operates or is in physical control of a com mercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license; (l) ``driver's license'' means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including: (1) Any temporary license or instruction; (2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or March 19, 1997 313 (3) any nonresident's operating privilege; (m) ``employer'' means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle; (n) ``endorsement'' means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles; (o) ``felony'' means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year; (p) ``gross vehicle weight rating'' means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. The gross vehicle weight rating of a combination (articulated) vehicle (commonly referred to as the ``gross combination weight rating'') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units; (q) ``hazardous materials'' has the meaning as that found in section 103 of the hazardous materials transportation act, 49 U.S.C. 1801 et seq; (r) ``motor vehicle'' means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolly wires but not operated upon rails, except vehicles moved solely by human power and motorized wheel chairs; (s) ``out-of-service order'' means a temporary prohibition against driving a commercial motor vehicle, which is imposed when a driver has any measured or detected alcohol con centration while on duty, or operating, or in physical control of a commercial motor vehicle or a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation, is out-of-service pursuant to 49 C.F.R. Part 386.72, 392.5, 395.13, 396.9 or such compatible laws, or the North American out-of-service criteria; (t) ``residence'' means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. When a person eats at one place and sleeps at another, the place where the person sleeps shall be considered the person's residence; (u) ``secretary'' means the secretary of the Kansas department of revenue; (v) ``serious traffic violation'' means: (1) Excessive speeding, is defined as 15 miles per hour or more over the posted speed limit; (2) reckless driving, as defined under K.S.A. 8-1566, and amendments thereto; (3) a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person; (4) changing lanes of traffic illegally or erratically, as defined under K.S.A. 8-1548, and amendments thereto; (5) following another vehicle too closely, as defined under K.S.A. 8-1523, and amend ments thereto; or (6) any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, which the secretary determines by rule and regulation to be serious; (w) ``state'' means a state of the United States and the District of Columbia; (x) ``state of domicile'' means that state where a person has such person's true, fixed and permanent home and principal residence and to which such person has the intention of returning whenever such person is absent; (y) ``tank vehicle'' means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily at tached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks, as defined in 49 C.F.R. 171 in effect on January 1, 1991. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons; (z) ``United States'' means the 50 states and the District of Columbia; (aa) ``division'' means the division of vehicles of the Kansas department of revenue; (bb) ``director'' means the director of the division of vehicles of the Kansas department of revenue; 314 JOURNAL OF THE SENATE (cc) ``foreign country'' means any jurisdiction other than the United States; (dd) ``nonresident commercial driver's license'' means a license issued pursuant to K.S.A. 1996 Supp. 8-2,148, and amendments thereto.''; By renumbering the remaining sections accordingly; Also on page 3, in line 24, by striking ``8-234b is'' and inserting ``8-234a, 8-234b and 82,128 are''; On page 1, in the title, in line 10, by striking ``concerning fire trucks;''; in line 11, by striking ``8-234b'' and inserting ``8-234a, 8-234b and 8-2,128''; also in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 280 reported correctly engrossed March 18, 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 Hardenburger in the chair. On motion of Senator Hardenburger the following report was adopted: Recommended that HB 2013, 2043, 2049, 2075, 2199, 2211 be passed. Also HB 2070, 2245 be amended by adoption of the committee amendments, and the bills be passed as amended. HB 2303 be amended by motion of Senator Corbin on page 2, after line 8, by inserting: ``Sec. 3. K.S.A. 1996 Supp. 32-937 is hereby amended to read as follows: 32-937. (a) When used in this section: (1) ``Landowner'' means a resident owner of farm or ranch land of 80 acres or more located in the state of Kansas. (2) ``Tenant'' means a resident of this state who is actively engaged in the agricultural operation of 80 acres or more of Kansas farm or ranch land for the purpose of producing agricultural commodities or livestock and who: (A) Has a substantial financial investment in the production of agricultural commodities or livestock on such farm or ranch land and the potential to realize substantial financial benefit from such production; or (B) is a bona fide manager having an overall responsibility to direct, supervise and conduct such agricultural operation and has the potential to realize substantial benefit from such production in the form of salary, shares of such production or some other economic incentive based upon such production. (3) ``Regular season'' means a statewide big game hunting season authorized annually which may include one or more seasons restricted to specific types of equipment. (4) ``Special season'' means a big game hunting season in addition to a regular season authorized on an irregular basis or at different times of the year other than the regular season. (5) ``General permit'' means a big game hunting permit available to Kansas residents not applying for big game permits as a landowner or tenant. (6) ``Nonresident landowner'' means a nonresident of the state of Kansas who owns farm or ranch land of 80 acres or more which is located in the state of Kansas. (7) ``Nonresident permit'' means a big game hunting permit available to individuals who are not Kansas residents. (b) Except as otherwise provided by law or rules and regulations of the secretary and in addition to any other license, permit or stamp required by law or rules and regulations of the secretary, a valid big game permit and game tags are required to take any big game in this state. (c) The fee for big game permits and game tags shall be the amount prescribed pursuant to K.S.A. 32-988, and amendments thereto. (d) A big game permit and game tags are valid throughout the state or such portion thereof as provided by rules and regulations adopted by the secretary in accordance with K.S.A. 32-805 and amendments thereto. March 19, 1997 315 (e) Unless otherwise provided by law or rules and regulations of the secretary, a big game permit and game tags are valid from the date of issuance and shall expire at the end of the season for which issued. (f) The secretary may adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations for each regular or special big game hunting season and for each management unit regarding big game permits and game tags. The secretary is hereby authorized to issue big game permits and game tags pertaining to the taking of big game. Separate big game permits and game tags may be issued for each species of big game. No big game permits or game tags shall be issued until the secretary has established, by rules and regulations adopted in accordance with K.S.A. 32-805, and amendments thereto, a regular or special big game hunting season. (g) The secretary may authorize, by rule and regulation adopted in accordance with K.S.A. 32-805, and amendments thereto, landowner or tenant hunt-on-your-own-land big game permits. Such permits and applications may contain provisions and restrictions as prescribed by rule and regulation adopted by the secretary in accordance with K.S.A. 32805, and amendments thereto. (h) The secretary may authorize, by rule and regulation adopted in accordance with K.S.A. 32-805 and amendments thereto, special landowner or tenant hunt-on-your-ownland deer permits. Such special permits shall not be issued to landowners or tenants in possession of a hunt-on-your-own-land deer permit as authorized in subsection (g). The special permits shall be transferable to any immediate family member of the landowner or tenant, whether or not a Kansas resident, or the permit may be retained for use by the landowner or tenant. The special permits shall be transferable through the secretary at the request of the landowner or tenant and by paying the required fee for a general or nonres ident deer permit and the additional payment of the permit transfer fee. The special permits and applications may contain provisions and restrictions as prescribed by rule and regulation adopted by the secretary in accordance with K.S.A. 32-805 and amendments thereto. For the purposes of this subsection, ``member of the immediate family'' means lineal ascendants or descendants, and their spouses. (i) Fifty percent of the big game permits authorized for a regular season in any man agement unit shall be issued to landowners or tenants, provided that a limited number of big game permits have been authorized and landowner or tenant hunt-on-your-own-land big game permits for that unit have not been authorized. A landowner or tenant is not eligible to apply for a big game permit as a landowner or as a tenant in a management unit other than the unit or units which includes such landowner's or tenant's land. Any big game permits not issued to landowners or tenants within the time period prescribed by rule and regulation may be issued without regard to the 50% limitation. (j) Members of the immediate family who are domiciled with a landowner or tenant may apply for a big game permit as a landowner or as a tenant, but the total number of permits issued to a landowner or tenant and a landowner's or tenant's immediate family shall not exceed one permit for each 80 acres owned by such landowner or operated by such tenant. The secretary may require proof of ownership or tenancy from individuals applying for a big game permit as a landowner or as a tenant. (k) The secretary may issue permits for deer or turkey to nonresident landowners, but any such permit shall be restricted to hunting only on lands owned by the nonresident landowner. (l) The secretary may issue turkey hunting permits to nonresidents in turkey manage ment units with unlimited turkey hunting permits available. (m) The secretary may issue deer hunting permits to nonresidents, subject to the fol lowing limitations: (1) The total number of nonresident deer firearm permits issued for a deer season in a management unit shall not exceed 5% of the total number of resident deer firearm permits authorized for such season in such management unit; and (2) the total number of nonresident deer archery permits issued for a deer season in a management unit shall not exceed 5% of the total number of resident deer archery permits authorized for such season in such management unit. 316 JOURNAL OF THE SENATE If an unlimited number of resident deer permits is authorized for a deer season or man agement unit, the percentage limitations of subsections(l)(1) and (l)(2)(m)(1) and (m)(2) shall be based upon the total number of resident firearm permits and the total number of archery permits, respectively, issued in the management unit during the most recent pre ceding similar season. Notwithstanding the foregoing provisions of this subsection, nonres ident firearm deer permits of a particular type and nonresident archery deer permits of a particular type may be issued in a firearms management unit only if resident firearm permits of such type remained unissued after the close of the previous year's first permit selection process in that management unit. (n) Any recipient of a nonresident deer hunting permit as authorized under subsection(l)(m) shall be ineligible to apply for or to receive a nonresident deer hunting permit for any deer season established for the following year. (o) No big game permit issued to a person under 14 years of age shall be valid until such person reaches 14 years of age, except that a person who is 12 years or 13 years of age and has been issued a certificate of completion of an approved hunter education course may be issued: (1) A deer archery permit if the person submits to the secretary evidence, satisfactory to the secretary, of completion of a bow hunting safety education course; or (2) a wild turkey firearm permitmay be issued to any individual who is 12 years of age or older but is under 14 years of age if the individual has been issued a certificate of completion of an approved hunter education course. Such deer archery permit or turkey firearm permit shall be valid only while the individual is hunting under the immediate supervision of an adult who is 21 years of age or older. (p) A big game permit shall state the species, number and sex of the big game which may be killed by the permittee. The secretary may furnish an informational card with any big game permit and, at the conclusion of the open season, each permittee receiving such card shall return the card to the department, giving such information as is called for on the card. (q) The permittee shall permanently affix the game tag to the carcass of any big game immediately after killing and thereafter, if required by rules and regulations, the permittee shall immediately take such killed game to a check station as required in the rules and regulations, where a check station tag shall be affixed to the game carcass if the kill is legal. The tags shall remain affixed until the carcass is consumed or processed for storage. (r) The provisions of this section do not apply to big game animals sold in surplus property disposal sales of department exhibit herds or big game animals legally taken outside this state.''; Also on page 2, by renumbering the remaining sections accordingly; in line 9, by striking ``is'' and inserting ``and K.S.A. 1996 Supp. 32-937 are''; In the title, in line 10, by striking ``persons with disabilities'' and inserting ``certain per sons''; in line 11, before ``and'' by inserting ``and K.S.A. 1996 Supp. 32-937''; also in line 11, by striking ``section'' and inserting ``sections'', and the bill be passed as amended. SB 104 be amended by adoption of the committee amendments, and the bill be further amended by motion of Senator Kerr on page 1, in line 41, after the period, by inserting the following: ``State officers, employees and applicants receiving moving expenses shall be required to sign an agreement that if they leave the employment of the state agency within one year from the moving date or employment date, whichever is later, they will reimburse the state agency the full amount so paid for moving expenses and the obligation to so repay shall constitute a lien and setoff by the state against such state officer, employee or applicant employee's unpaid wages or salary. Such moving expenses shall be paid from moneys avail able or appropriated to the state agency. The director of accounts and reports is authorized to issue warrants against the appropriate agency fund for payment of any such moving expense upon submission to the director of a duly itemized voucher therefor.'', and the bill be passed as further amended. HB 2094 be amended by adoption of the committee amendments, and the bill be further amended by motion of Senator Steffes on page 2, in line 20, by striking ``issue'' and inserting ``issuer''; On page 18, in line 15, by striking the comma after ``sales''; also in line 15, by striking ``aggregate number of sales by a''; in line 16, by striking all before the semicolon; March 19, 1997 317 On page 23, in line 36, by striking all after the period; by striking all of lines 37 to 43, inclusive; On page 24, in line 1, by striking all before ``shall'' and inserting ``Copies'', and the bill be passed as further amended. SB 140; HB 2007 be passed over and retain a place on the calendar. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 20, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+