J o u r n a l o f t h e S e n a t e FORTY-SEVENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, March 20, 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, This session we are faced with one of these dilemmas which tend to occur in these chambers. How do we provide tax relief for Kansas citizens and continue to fund essential services and still maintain a balanced budget? We need divine guidance to answer questions which are being asked on both sides of the aisle. Which taxes should be reduced? How much should taxes be reduced? Can we really afford to reduce taxes? Can we afford not to reduce taxes? Over what period of time should taxes be reduced? Should some taxes be eliminated? If a tax is eliminated, which of the remaining taxes can make up the slack? How do we decide which services are expendable? What proportion of essential services can the private sector provide? Help us, O God, to know: what's fair for the taxpayer, what's right for the needy, what's reasonable for the agencies, and what's best for the state as a whole. Then help us to put it all together in a palatable package. I pray in the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: SB 384An act enacting the Kansas statutory lien act; repealing K.S.A. 9-1506, 34-266, 47-836, 55-201, 55-207, 58-203, 58-207, 58-208, 58-209, 58-218, 58-220, 58-222, 58-227, 58-813, 58-2524, 60-1102, 60-1103, 60-1103a, 60-1104, 60-1105, 60-1106, 60-1107, 601108, 60-1109 and 60-1110 and K.S.A. 1996 Supp. 60-1103b, by Committee on Judiciary. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF REVENUE Division of Property Valuation March 14, 1997 Mark S. Beck, Director of Property Valuation, submitted a copy of the 1996 Preliminary Real Estate Sales Ratio Study as required by K.S.A. 1996 Supp. 79-1490. March 20, 1997 319 The 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. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Hardenburger the Senate nonconcurred in the House amendments to SB 232 and requested a conference committee be appointed. The President appointed Senators Hardenburger, Becker and Gooch as a conference committee on the part of the Senate. FINAL ACTION ON CONSENT CALENDAR HB 2176 having appeared on the Consent Calendar for the required two full legislative days without objection from any member, was considered on final action. HB 2176, An act concerning professional corporations; relating to participation by social workers; amending K.S.A. 17-2710 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, Vidricksen. The bill passed. SB 104, An act concerning state officers and employees; relating to the reimbursement of moving expenses; concerning subsistence allowance for travel; amending K.S.A. 75-3207a and K.S.A. 1996 Supp. 74-2114, 75-5250 and 76-727 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 75-3219 and 75-3224, was considered on final action. On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Gooch, Huelskamp, Petty. The bill passed, as amended. HB 2013, An act concerning extradition; relating to the release of certain prisoners; amending K.S.A. 22-2713 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, Vidricksen. The bill passed. HB 2043, An act concerning probate; relating to valid settlement agreements; amending K.S.A. 59-102 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, Vidricksen. The bill passed. HB 2049, An act concerning crimes and punishment; relating to authorized dispositions; concerning county defense costs; amending K.S.A. 1996 Supp. 21-4603d 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 320 JOURNAL OF THE SENATE skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. HB 2070, An act relating to banks and trust companies; bank holding companies; limi tations on ownership; amending K.S.A. 9-1114 and 9-1118 and K.S.A. 1996 Supp. 9-520 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 9-1117, 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, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Tyson. The bill passed, as amended. HB 2075, An act relating to insurance companies; concerning agents and brokers; con cerning fines and penalties assessed by the commissioner of insurance; amending K.S.A. 40-2,125, 40-755, 40-938, 40-1119, 40-2407 and 40-3311 and repealing the existing sections; also repealing K.S.A. 40-226, 40-939, 40-1120, 40-1705, 40-2214, 40-2236, 40-3205, 403206, 40-3811, 40-4113, 40-4210 and 40-4511, 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, Vidricksen. The bill passed. HB 2094, An act relating to the regulation of securities; amending K.S.A. 17-1254, 171255, 17-1262a, 17-1263, 17-1268, 17-1270 and 17-1272 and K.S.A. 1996 Supp. 17-1252, 17-1259, 17-1261 and 17-1262 and repealing the existing sections; also repealing K.S.A. 171256 and K.S.A. 1996 Supp. 75-6308, 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, Vidricksen. The bill passed, as amended. HB 2199, An act concerning dentistry; relating to the dental practices act; concerning the practice of dental hygienists; definitions; amending K.S.A. 1996 Supp. 65-1423, 65-1444 and 65-1456 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, Vidricksen. The bill passed. HB 2211, An act concerning criminal procedure; relating to parole and the Kansas parole board; amending K.S.A. 22-3701, 22-3707, 22-3709, 22-3712 and 22-3718 and K.S.A. 1996 Supp. 22-3717 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 March 20, 1997 321 ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. HB 2245, An act concerning agricultural seeds; relating to the registration of seed con ditioners; concerning seed varieties; amending K.S.A. 2-1415, 2-1421 and 2-1421a and re pealing 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, Vidricksen. The bill passed, as amended. HB 2303, An act concerning hunting or fishing by certain persons; amending K.S.A. 32932 and K.S.A. 1996 Supp. 32-937 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, Vidricksen. The bill passed, as amended. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Corbin, Biggs, Emert, Hardenburger, Karr, Lee, Oleen and Umbarger intro duced the following Senate resolution, which was read: SENATE RESOLUTION No. 1829-- A RESOLUTION congratulating and commending the Kansas State University livestock judging team. WHEREAS, The Kansas State University livestock judging team won the 1996 national collegiate judging contest on November 18, 1996, in Louisville, Kentucky, which event was part of the North American International Livestock Exposition; and WHEREAS, The Kansas State University livestock team has won this event for the third consecutive year to compile 12 national championships in this event for Kansas State Uni versity; and WHEREAS, This national championship contest had 190 competitors representing 38 universities; and WHEREAS, The coach of this team is Dr. Scott Schaake and the 11 team members are: Skip Adams, Yates Center, Kansas; Greg Baird, Oswego, Kansas; Cary Crow, Maple Hill, Kansas; Jennifer Earnest, McArthur, California; Blake Gamble, Grand Cane, Louisiana; Brad Groves, Texarkana, Arkansas; Justin Hurley, Belleville, Kansas; Levi McBeth, Leon, Kansas; Tim Kilgore, Leavenworth, Kansas; Jeff Nemecek, Checotah, Oklahoma and Spen cer Schrader, Alta Vista, Kansas: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kansas State University livestock judging team for winning the national collegiate judging championship for the third consecutive year; and Be it further resolved: That the Secretary of the Senate be directed to provide 15 en rolled copies of this resolution to Senator Oleen for presentation to Dr. Jon Wefald, Pres ident, Kansas State University, Dr. Marc Johnson, Dean and Director, College of Agricul ture, Kansas State University, Dr. Jack Riley, Head, Department of Animal Sciences and Industry, Kansas State University, and Dr. Scott Schaake, Coach, Livestock Judging Team, Kansas State University, plus team members, Skip Adams, Greg Baird, Cary Crow, Jennifer Earnest, Blake Gamble, Brad Groves, Justin Hurley, Levi McBeth, Tim Kilgore, Jeff Ne mecek and Spencer Schrader. 322 JOURNAL OF THE SENATE On emergency motion of Senator Corbin SR 1829 was adopted unanimously. Senator Corbin recognized the Kansas State University livestock judging team, seated in the gallery. Senators Morris, Hardenburger, Kerr, Oleen, Pugh and Steffes introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1830-- A RESOLUTION congratulating and commending the Kansas State University collegiate crops team. WHEREAS, The Kansas State University collegiate crops team won the National Asso ciation of Colleges and Teachers of Agriculture contest in April, the Central Region contest in October, the Kansas City Board of Trade contest on November 19 and the Chicago Collegiate contest on November 23 to complete a sweep of the 1996 crops contests; and WHEREAS, At collegiate crops contests, students compete in three categories; grain grading, seed analysis and plant and seed identification. The competitions test the student's ability to grade grain quality, determine contaminations in seed samples of common crops, and recognize plants and seeds of more than 200 kinds of crops and weeds. WHEREAS, Sponsors of the K-State crops team are the Kansas Seed Industry Associ ation and the Kansas Crop Improvement Association. WHEREAS, Team members included Ryan Reiff, sophomore in agronomy from Chap man; Chris Caplinger, sophomore in milling science and management from Effingham; Kris Young, senior in agronomy from Haven and Warren Willis, senior in agricultural business from Hugoton. Coaching the team was Lance Gibson, instructor of agronomy: Now, there fore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kansas State University crops team for its championship wins at the 1996 crops contests; and Be it further resolved: That the Secretary of the Senate be directed to provide eight enrolled copies of this resolution to Senator Oleen for presentation to Dr. Jon Wefald, President, Kansas State University, Dr. Marc Johnson, Dean and Director, College of Ag riculture, Kansas State University, Dr. Gerry Posler, Head, Department of Agronomy, Kan sas State University, Lance Gibson, Instructor of Agronomy, Department of Agronomy, Kansas State University, plus team members Ryan Reiff, Chris Caplinger, Kris Young and Warren Willis. On emergency motion of Senator Morris SR 1830 was adopted unanimously. Senator Morris introduced and congratulated Lance Gibson, Instructor of Agronomy and members of the Kansas State University Collegiate Crops team. Senator Oleen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1831-- A RESOLUTION congratulating and commending Dr. Dean Zollman. WHEREAS, Dr. Dean Zollman, a professor of physics at Kansas State University, has been awarded the 1996 Professor of the Year award by the Carnegie Foundation for the Advancement of Teaching; and WHEREAS, Dr. Zollman was chosen among 204 professors nominated for this award, which provides the recipient a $5,000 award; and WHEREAS, Dr. Zollman, who joined the K-State faculty in 1970, has made a career of teaching physics by helping students get over their fear of physics; and WHEREAS, Dr. Zollman is the first Kansas professor to receive this prestigious award; and WHEREAS, Dr. Zollman is married to and has been supported by his wife, Jacqueline Spears, in his teaching endeavors: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Dr. Dean Zollman upon his selection as the 1996 Professor of the Year; and March 20, 1997 323 Be it further resolved: That the Secretary of the Senate be directed to provide two enrolled copies of this resolution to Dr. Dean Zollman, K.S.U. Physics Department, Card well Hall, Manhattan, Kansas 66506. On emergency motion of Senator Oleen SR 1831 was adopted unanimously. Senator Oleen recognized and commended Dr. Zollman, 1996 Professor of the Year. REPORTS OF STANDING COMMITTEES Committee on Elections and Local Government recommends SB 79 be amended by adoption of the amendments recommended by Senate Committee on Elections and Local Government as reported in the Journal of the Senate on February 13, 1997, and such bill be further amended by adoption of amendments as recommended by such committee as reported in the Journal of the Senate on February 26, 1997, and the bill, as printed as further amended by Senate Committee, be further amended, on page 3, following line 9, by inserting: ``Sec. 2. K.S.A. 46-267 is hereby amended to read as follows: 46-267. (a) No person shall pay or accept or agree to pay or accept or arrange for a third party to pay or agree to pay present, future, promised or contingent compensation, or any part thereof, for lobbying which is contingent upon the result achieved or attained. (b) No person shall pay or accept or agree to pay or accept present, future, promised or contingent compensation, or any part thereof, for the referral of a person or persons to a lobbyist for lobbying services. (c) No lobbying contract or agreement shall be valid or enforceable in a court of law unless it is in writing, signed by all parties thereto and was executed prior to the lobbyist's commencement of lobbying for the represented person under such contract or agreement. Any such lobbying contract or agreement shall be invalid and unenforceable unless such lobbyist complies with all lobbying laws and lobbyist reporting requirements of this act. By renumbering sections accordingly; Also on page 3, in line 10, by striking ``1996 Supp. 46-233 is'' and inserting ``46-267 and K.S.A. 1996 Supp. 46-233 are''; In the title, by striking all in lines 12 and 13 and inserting: ``AN ACT concerning governmental ethics; concerning state officers and employees; con cerning lobbying and lobbyists; amending K.S.A. 46-267 and K.S.A. 1996 Supp. 46-233 and repealing the existing sections.''; and the bill be passed as amended. Committee on Federal and State Affairs recommends SB 179 be passed. Also HB 2484, as amended by House Committee, be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. HB 2269 be amended by substituting a new bill to be designated as ``Senate Substitute for HOUSE BILL No. 2269,'' as follows: ``SENATE SUBSTITUTE FOR HOUSE BILL No. 2269 By Representatives Wagle, Ballou, Boston, Bradley, Campbell, Carmody, Dahl, Dean, Don ovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Howell, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline, Landwehr, Larkin, P. Long, Ma son, Mayans, Mays, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, J. Peterson, Phelps, Powell, Powers, Presta, Reardon, Shallenburger, Shore, Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Weber, Wempe, Wilk and Wilson ``AN ACT concerning abortion; relating to certain requirements before the performance thereof; amending K.S.A. 65-6706 and repealing the existing section.''; and the substitute bill be passed. SB 234 be amended on page 1, by striking all of lines 22 through 25 and inserting the following: ``(b) (1) No person shall perform or induce a partial birth abortion unless the abortion is necessary to preserve the life of the pregnant woman. (2) As used in this section, partial birth abortion means an abortion containing the following four elements: (a) Deliberate dilatation of the cervix; (b) instrumental conversion 324 JOURNAL OF THE SENATE of the fetus to a footling breech; (c) breech extraction of the body except the head; and (d) partial evacuation of the intracranial contents of a living fetus to effect vaginal delivery of an otherwise intact fetus.''; and the bill be passed as amended. SB 219 be not passed. Committee on Financial Institutions and Insurance recommends HB 2045 be passed. Also Substitute for HB 2081 be amended on page 2, in line 3, by striking all after the period and by striking all of line 4; On page 3, in line 9, by striking ``the'' and inserting ``The''; also in line 9, before ``actively'' by inserting ``, as measured by the 1992 Horizontal Merger Guidelines published in the Federal Register September 10, 1992 (57 FR 41552),''; in line 31, by striking ``past'' and inserting ``Past''; in line 38, after the semicolon, by inserting ``and''; On page 4, in line 6, by striking ``rating plans or schedules'' and inserting ``rating plans, schedules, except for workers compensation, individual risk premium modification plans and expense reduction plans''; in line 8, by striking all after the period and by striking all of lines 9 and 10; following line 10, by inserting a paragraph as follows: ``Such standards shall permit recognition of expected differences in loss or expense char acteristics, and shall be designed so that such plans are reasonable and equitable in their application, and are not unfairly discriminatory, violative of public policy or otherwise con trary to the best interests of the people of this state. This section shall not prevent the development of new or innovative rating methods which otherwise comply with this act.''; Also on page 4, following line 21, by inserting a subsection as follows: ``(g) Once it has been filed, use of any rating plan shall be mandatory and such plan shall be applied uniformly for eligible risks in a manner that is not unfairly discriminatory.''; Also on page 4, in line 36, after ``insurance'' by inserting ``, the basic coverage required by K.S.A. 40-3401 et seq. and amendments thereto''; On page 5, in line 3, by striking ``package''; in line 4, before the period by inserting ``, as defined by the commissioner by rules and regulations''; in line 20, before the period by inserting ``, if the department of insurance does not have a staff actuary in its employ''; and the substitute bill be passed as amended. Committee on Judiciary begs leave to submit the following report: The following appointment was referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointment: By the Governor: Indigents' Defense Services Board: K.S.A. 22-4519 Devon F. Knoll, term expires January 15, 2000 Committee on Transportation and Tourism recommends HB 2167, as amended by House Committee, be amended on page 1, in line 40, by striking ``paragraph'' and inserting ``paragraphs (1) or''; also in line 40, following ``B'' by inserting ``nonperson''; in line 42, following ``A'' by inserting ``nonperson''; also in line 42, by striking ``paragraphs (1) or'' and inserting ``paragraph''; On page 2, by striking all of lines 15 and 16 and inserting the following: ``(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500. (2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.''; On page 3, in line 6, by striking ``paragraph'' and inserting ``paragraphs (1) or''; also in line 6, following ``B'' by inserting ``nonperson''; in line 8, following ``A'' by inserting ``non person''; also in line 8, by striking ``para-''; in line 9, by striking ``graphs (1) or'' and inserting ``paragraph''; by striking all in lines 25 and 26 and inserting the following: ``(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500. March 20, 1997 325 (2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.''; and the bill be passed as amended. Also HB 2170, as amended by House Committee, be amended on page 1, in line 20, by striking ``Any'' and inserting ``On and after January 1, 1998, any''; On page 2, following line 11, by inserting the following: ``Sec. 2. K.S.A. 1996 Supp. 8-177a is hereby amended to read as follows: 8-177a. (a) Any owner of one or more passenger vehicles or trucks registered for a gross weight of not more than 16,000 pounds who is a resident of the state of Kansas, and who is a regularly enlisted or retired, warrant or commissioned member of the Kansas national guard~~, may as certified by the adjutant general~~, upon compliance with the provisions of this section, may be issued one distinctive license plate for each such motor vehicle or truck that is not required to be registered with the state corporation commission designating the owner of such vehicle as a member or retired member of the Kansas national guard. Such license plates shall be issued for the same period of time as other license plates upon proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and amend ments thereto. (b) Any such member or retired member of the Kansas national guard may make ap plication for such distinctive license plates, not less than 60 days prior to such member's renewal of registration date, on a form furnished by the director of vehicles, and any appli cant for such distinctive license plates shall furnish the director with such applicant's armed forces of the United States identification card as proof ~~as the director requires~~ that the applicant is a member or a retired member of the Kansas national guard~~, including the current or previous term of enlistment or service of such applicant~~. Application for the registration of passenger vehicles or trucks and issuance of the distinctive license plates under this section shall be made by the owner in a manner prescribed by the director of vehicles upon forms furnished by the director. (c) No registration or distinctive license plate issued under this section shall be trans ferable to any other person. (d) Renewals of registration under this section shall be made annually, upon payment of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A. 8-132, and amendments thereto. No renewal of registration shall be made to any applicant until such applicant has filed with the director a form as provided in subsection (b). If such form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and amend ments thereto, and return the distinctive license plates to the county treasurer of such person's residence. (e) The adjutant general, with the approval of the director of vehicles and subject to the availability of materials and equipment, shall design a distinctive license plate for issu ance to members and retired members of the Kansas national guard. Sec. 3. K.S.A. 1996 Supp. 8-1,142 is hereby amended to read as follows: 8-1,142. (a) As used in this section, ``educational institution'' means: (1) Any state educational institution under the control and supervision of the state board of regents; (2) any qualified institution as defined in K.S.A. 72-6107, and amendments thereto; (3) any community college organized and operating under the laws of this state; and (4) Haskell Indian Nations university. (b) Any owner of one or more passenger vehicles or trucks registered for a gross weight of not more than 12,000 pounds who is a resident of Kansas, upon compliance with the provisions of this section, may be issued one educational institution license plate for each such passenger vehicle or truck. Such license plates shall be issued for the same period of time as other license plates upon proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and amendments thereto, plus the payment of an additional fee of $5 for each plate, and the presentation of the annual emblem use authorization statement provided for in subsection (c). (c) Any educational institution may authorize through its officially recognized alumni association or foundation the use of such institution's official emblems to be affixed on license plates as provided by this section. Any royalty payment to such alumni association 326 JOURNAL OF THE SENATE or foundation derived from this section, except reasonable administrative costs, shall be used for recognition of academic achievement or excellence subject to the approval of the chancellor or president of the educational institution. Any motor vehicle owner may annually apply to the alumni association or foundation for the use of the institution's emblems. Upon annual application and payment to the alumni association or foundation in an amount of not less than $25 nor more than $100 as an emblem use royalty payment for each educational institution license plate to be issued, the alumni association or foundation shall issue to the motor vehicle owner, without further charge, an emblem use authorization statement, which shall be presented by the motor vehicle owner at the time of registration. (d) Each educational institution's alumni association or foundation shall provide a list of all new approved applicants and total number of educational license plates to be issued to the director by August 31, 1995, and by June 30 of each calendar year thereafter. All new educational license plates shall be issued for the following calendar year following the receipt of the list of new approved applicants by the director. Any applicant for an educational institution license plate may make application for such plates not less than 60 days prior to such person's renewal of registration date, on a form prescribed and furnished by the director of vehicles, and any applicant for the educational institution license plates shall provide the annual emblem use authorization statement provided for in subsection (c). Application for registration of a passenger vehicle or truck and issuance of the license plates under this section shall be made by the owner in a manner prescribed by the director of vehicles upon forms furnished by the director. (e) No registration or educational institution license plate issued under this section shall be transferable to any other person. (f) Renewals of registration under this section shall be made annually, upon payment of the fee prescribed in subsection (b), in the manner prescribed in subsection (b) of K.S.A. 8-132, and amendments thereto. No renewal of registration shall be made to any applicant until such applicant provides the annual emblem use authorization statement provided for in subsection (c). If such emblem use authorization statement is not presented at the time of registration, the applicant shall be required to comply with K.S.A. 8-143, and amendments thereto, and return the educational institution license plates to the county treasurer of such person's residence. (g) The director of vehicles shall not issue any educational institution license plates for any educational institution, unless such educational institution's alumni association or foun dation guarantees the initial issuance of at least 500 license plates. (h) Each educational institution's alumni association or foundation shall: (1) Pay the initial cost of silk-screening for such educational license plates; and (2) provide to all county treasurers a toll-free telephone number where applicants can call the alumni association or foundation for information concerning the application process or the status of their license plate application. (i) Each educational institution's alumni association or foundation, with the approval of the director of vehicles and subject to the availability of materials and equipment, shall design a license plate to be issued under the provisions of this section. Sec. 4. K.S.A. 1996 Supp. 8-177a and 8-1,142 are hereby repealed.''; And by renumbering the remaining section accordingly; Also on page 2, in line 12, by striking ``Jan-''; in line 13, by striking all preceding ``its''; Also on page 1, in the title, by striking all in line 16; in line 17, by inserting before the period ``; amending K.S.A. 1996 Supp. 8-177a and 8-1,142 and repealing the existing sec tions''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 104 reported correctly engrossed March 20, 1997. REPORT ON ENROLLED BILLS SR 1811 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on March 20, 1997. March 20, 1997 327 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 Salisbury in the chair. On motion of Senator Salisbury the following report was adopted: Recommended SB 325, 337 be amended by adoption of the committee amendments and the bills be passed as amended. SB 140 as amended by adoption of the committee amendments in Committee of the Whole on Wednesday, March 12, 1997, be further amended by motion of Senator Emert on page 74, in line 7, after ``book'' by inserting ``and publication in the Kansas register of a proclamation issued by the governor which states that this act shall take effect upon the publication of such proclamation'' The bill be amended by motion of Senator Donovan on page 36, in line 9, after the period, by inserting ``The perfection of the lien shall not be in effect until the notation of the lien is actually placed upon the certificate of title for the vehicle.''; in line 24, after ``recorded'' by inserting ``and perfected by actually noting it on the certificate of title''; in line 38, after the period, by inserting ``The perfection of the lien shall not be in effect until the notation of the lien is actually placed upon the certificate of title for the vessel or aircraft.''. On motion to recommend SB 140 favorably for passage, a roll call vote was requested upon the showing of five hands. On roll call, the vote was: Yeas 22, nays 17, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bond, Downey, Emert, Gooch, Goodwin, Hensley, Jones, Karr, Kerr, Langworthy, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Schraad, Steffes, Vidricksen. Nays: Bleeker, Brownlee, Clark, Corbin, Donovan, Feleciano, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Pugh, Salmans, Steineger, Tyson, Umbarger. Absent or not voting: Lee. The motion carried and the Committee recommended SB 140 be passed as further amended. SB 373 be amended by adoption of the committee amendments, be further amended by motion of Senator Kerr on page 3, in line 34, by striking ``nine'' and inserting ``eight''; On page 4, in line 2, by striking ``nine'' and inserting ``eight''; in line 8, by striking ``nine'' and inserting ``eight'', and the bill be passed as further amended. HB 2031 be amended by adoption of the committee amendments, be further amended by motion of Senator Langworthy on page 4, by striking all of lines 15 through 18; in line 19, by striking all before ``of'' and inserting ``on the basis''; On page 8, in line 18, by striking ``.06'' and inserting ``.065''; On page 9, in line 9, by striking ``29'' and inserting ``27''; in line 10, by striking ``25 mills''; On page 13, in line 14, by striking all after the comma; by striking all of lines 15 and 16; in line 17, by striking all before the period and inserting ``and amendments thereto''; in line 24, by striking ``this section'' and inserting ``subsections (a) through (d) shall expire on June 30, 1997. The provisions of subsection (e) and this subsection'' after line 24, by inserting a new section to read as follows: ``New Sec. 1. (a) For taxable years 1997 and 1998, the following described property, to the extent herein specified, shall be and is hereby exempt from the property tax levied pursuant to the provisions of K.S.A. 1996 Supp. 72-6431, and amendments thereto: Property used as a single family residence, to the extent of $20,000 of its appraised valuation.''; On page 14, in line 41, by striking ``72.403%'' and inserting ``70.36%''; On page 15, by striking all in lines 26 through 41; On page 16, after line 25, by inserting the following: ``(C) For tax year 1999: If the taxable income is: . The tax is: Not over $15,000..................... 3.5% of Kansas taxable income 328 JOURNAL OF THE SENATE Over $15,000 but not over $30,000.... $525 plus 6.25% of excess over $15,000 Over $30,000......................... $1,462.50 plus 7.45% of excess over$30,000''; in line 26, by striking ``(C) For tax year 1999'' and inserting ``(D) For tax year 2000'': On page 17, in line 8, by striking ``50%'' and inserting ``25%''; in line 21, by striking ``$3,000'' and inserting ``$1,500''; by striking all in lines 42 and 43; By striking all on pages 18 through 23; On page 24, by striking all in lines 1 through 15; On page 26, in line 39, by striking ``15%'' and inserting ``20%''; On page 46, in line 10, by striking all after ``K.S.A.''; in line 11, by striking ``3635,''; in line 15, after ``72-6442a,'', by inserting ``72-8191, 72-8192,'' also in line 15, by striking the fifth comma and inserting ``and''; also, in line 15, by striking ``and 79-''; in line 16, by striking ``3603''; By renumbering sections accordingly; In the title, in line 34, by striking ``79-3634, 79-3635,''; in line 36, by striking ``,79-3603'' in line 38, after ``72-6431a'', by striking ``and'' and inserting a comma; also in line 38, after ``72-6442a'', by inserting ``, 72-8191 and 72-8192'', and the bill be passed as further amended. HB 2137 be amended by adoption of the committee amendments, be further amended by motion of Senator Brownlee on page 1, in line 36, before the period, by inserting the following: ``or (D) child placed in enrollee, insured or subscriber's home by a child placement agency as defined by K.S.A. 65-503 and amendments thereto, for the purpose of adoption from the date of placement as certified by the enrollee, insured or subscriber. In no case shall the time from the date of placement to the date the petition for adoption as provided in K.S.A. 59-2128 and amendments thereto was filed exceed 280 days''; On page 2, in line 12, before ``and'' by inserting ``or certification that a child has been placed in the home for adoption as defined by subsection (a)(1)(D)''; in line 16, before ``in'' by inserting ``or certification that a child has been placed in the home for adoption as defined by subsection (a)(1)(D)''; in line 29, after ``delivery'' by inserting ``and obstetrical''; in line 33, after ``delivery'' by inserting ``and obstetrical''; In the title, in line 13, before ``coverage'' by inserting ``health benefit coverage; policies and contracts therefor; coverage for certain children;'' The bill also be amended by motion of Senator Praeger in the title, in line 13, before ``coverage'' by inserting ``insurance'', and the bill be passed as further amended. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SB 140, 325, 337, 373; HB 2031, 2137 were advanced to Final Action and roll call. SB 140, An act concerning child support enforcement; the uniform interstate family support act; income withholding act; amending K.S.A. 23-4,101, 23-4,106, 23-4,107, 234,108, 23-4,109, 23-4,110, 23-4,111, 23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-9,202, 239,205, 23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305, 23-9,306, 23-9,307, 23-9,311, 239,313, 23-9,401, 23-9,501, 23-9,605, 23-9,606, 23-9,607, 23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930, 38-1113, 38-1131, 39-702, 39-753, 39-758, 39-759, 44-514, 602202, 60-2401 and 75-3306 and K.S.A. 1996 Supp. 38-1115, 38-1119, 38-1137, 38-1138, 74146, 74-147 and 79-3234 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 23, nays 17, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bond, Downey, Emert, Gooch, Goodwin, Hensley, Jones, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Schraad, Steffes, Vidricksen. Nays: Bleeker, Brownlee, Clark, Corbin, Donovan, Feleciano, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Pugh, Salmans, Steineger, Tyson, Umbarger. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: Kansas has the opportunity to take the lead, along with other states who are willing to take a stand, and say ``NO'' to SB 140. ``No'' to federal mandates that put citizens at the mercy of government agencies who will be accountable to no one. We all took an oath to defend our constitution. If we cannot stand against this bill, we stand for nothing--Laurie Bleeker March 20, 1997 329 Senators Brownlee, Clark, Salmans and Umbarger request the record to show they concur with the ``Explanation of Vote'' offered by Senator Bleeker on SB 140. Mr. President: I took my oath on the Constitution of the United States and Kansas. I believe upholding our freedom and constitution is worth the price, whatever the cost. I believe this bill takes much of our liberty.--Robert Tyson SB 325, An act concerning tourism activity; expanding the availability of tax increment financing in support thereof; amending K.S.A. 1996 Supp. 12-1771 and 12-1774 and re pealing the existing sections, 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, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Huelskamp, Pugh. The bill passed, as amended. SB 337, An act concerning the enterprise zone law; amending K.S.A. 1996 Supp. 7450,114 and repealing the existing section, 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, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Huelskamp, Pugh. The bill passed, as amended. SB 373, An act establishing the university of Kansas hospital authority; relating to its powers, duties and limitations; creating a board of directors; and matters regarding em ployees thereof; amending K.S.A. 1996 Supp. 74-4910, 74-4925, 75-6117 and 76-745 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, Vidricksen. The bill passed, as amended. HB 2031, An act enacting the education and tax reform act of 1997; amending K.S.A. 72-6414, 79-4505 and 79-4508 and K.S.A. 1996 Supp. 72-6407, 72-6410, 72-6412, 72-6431, 72-6438, 72-6441, 72-6442, 79-32,110, 79-4502 and 79-5105 and repealing the existing sec tions; also repealing K.S.A. 79-4520 and K.S.A. 1996 Supp. 72-6412a, 72-6431a, 72-6442a, 72-8191 and 72-8192, was considered on final action. On roll call, the vote was: Yeas 37, nays 3, 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, Jordan, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salis bury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Huelskamp, Karr, Kerr. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: My constituents strongly demand significant tax relief and responsible spending. So I must reluctantly vote against this bill. First, while this bill does provide some tax relief, it is minimal compared to what Kansas taxpayers deserve. Second, this bill assumes significant growth in government spending. Holding the line on spending and cutting taxes must go hand in hand. Without responsible spending, we will continue to provide only minimal tax relief. My constituents deserve better.--Tim Huelskamp 330 JOURNAL OF THE SENATE Mr. President: I vote ``no'' on HB 2031 with some reluctance because I share with my colleagues the desire to reduce taxes, especially the property tax. Unfortunately, I believe time will prove that the reductions contained in this bill are not well reasoned nor logical. We could have reduced taxes this year, we could have reduced taxes next year. But, in this bill we have taken a step designed to create a funding crises in FY 99. I do not agree with that policy. Mr. President, the activities surrounding this bill and the rush to ``cut a deal, any deal'' are not good policy nor good politics. Indeed, they put me in mind of a quote from Kansan Alf Landon, ``Watch for and beware of politicians and legislators who suck the eggs and hide the shells.''--Dave Kerr HB 2137, An act concerning health benefit insurance coverage; policies and contracts therefor; coverage for certain children; coverage for immunizations; amending K.S.A. 1996 Supp. 40-2,102 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, Vidricksen. The bill passed, as amended. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 21, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+