J o u r n a l o f t h e S e n a t e FORTY-NINTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Monday, March 24, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. President Bond introduced as guest chaplain, Rev. Jack Singer, Clinical Chaplain, Larned State Hospital, Larned, who delivered the invocation: Listen to these words from the prophet Micah: The Lord has told us what is right and what he demands: ``See that justice is done, let mercy be your first concern, and humbly obey your God.'' Micah 6:8 (Contemporary English Version) Let us pray: Almighty God bless the women and men who hold office in the government of the State of Kansas, that they may do their work in a spirit of wisdom, kindness, and justice. Help them use their authority to serve faithfully and to provide the general welfare; and to you be all the glory. Amen MESSAGE FROM THE GOVERNOR March 21, 1997 To the Senate of the State of Kansas: Submitted herewith for confirmation by the Senate are appointments made by me as Governor of the State of Kansas as of March 21, 1997, pursuant to law. Bill Graves Governor Member, State Banking Board, Ben Zimmerman, III, pursuant to the authority vested in me by K.S.A. 74-3004, effective upon the date of confirmation by the Senate to fill a threeyear term ending March 15, 1999. Member, State Banking Board, Kathleen Steward, pursuant to the authority vested in me by K.S.A. 74-3004, effective upon the date of confirmation by the Senate to fill a three-year term ending March 15, 2000. 338 JOURNAL OF THE SENATE Member, Kansas Development Finance Authority (KDFA), Robert I. Guenthner, pursuant to the authority vested in me by K.S.A. 74-8903, effective upon the date of confirmation by the Senate to fulfill an unexpired term ending January 15, 1999. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF ADMINISTRATION March 18, 1997 Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the State of Kansas Monthly Financial Report for the month of February, 1997. 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. MESSAGE FROM THE HOUSE Announcing passage of SB 166, as amended, 286, as amended, 333 as amended. Also, rejection of SB 362. The House accedes to the request of the Senate for a conference on SB 63 and has appointed Representatives Flower, Ballou and Weiland as conferees on the part of the House. Announcing passage of SB 49, 55, 57. Also, announcing passage of SB 10, as amended, 33, as amended, 60, as amended, 99, as amended, 133, as amended. The House concurs in Senate amendments to HB 2108. The House concurs in Senate amendments to HB 2031. The House accedes to the request of the Senate for a conference on SB 147 and has appointed Representatives Myers, Aurand and McKinney as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 232 and has appointed Representatives Campbell, Glasscock and Welshimer as conferees on the part of the House. Also, announcing rejection of SB 175. Announcing passage of SB 117; Substitute SB 185; SB 222, 303. Also, passage of SB 32, as amended, 65, as amended, 131, as amended, 132, as amended. Also, the House nonconcurs in Senate amendments to HB 2137, requests a conference and has appointed Representatives Mayans, Gilmore and Henry as conferees on the part of the House. ORIGINAL MOTION Pursuant to Senate Rule 75, President Bond determined SB 286, as amended by the House, to be materially changed and referred the bill to the Committee on Ways and Means. REPORTS OF STANDING COMMITTEES Committee on Commerce recommends HB 2050 be passed. Also HB 2026 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 Elections and Local Government recommends HB 2218, as amended by House Committee, be amended on page 3, following line 20, by inserting: ``Sec. 3. K.S.A. 24-409 is hereby amended to read as follows: 24-409. All powers granted to drainage districts incorporated under the provisions of this act shall be exercised by a board of directors consisting of three persons who shall be freeholders and actual residents of the district. In districts organized in counties having a population of less than 85,000, the directors provided for in this act shall be freeholders of such drainage districts residing owners of land located in the district. Directors also shall reside in the county in which such district is located, or if such district is located in more than one county, ~~then such~~ the directors ~~may~~ shall reside ~~in either county thereof~~ in a county in which a portion of the drainage district is located. Except as provided in K.S.A. 24-412, ~~as amended~~ and amend ments thereto, the directors shall hold their offices for four years and until their successors March 24, 1997 339 are elected or appointed, as the case may be, and qualified, and shall be chosen at the time and in the manner provided by law. New Sec. 4. Whenever a petition signed by the owners of at least 25% of the land in a defined area located within an improvement district created pursuant to K.S.A. 19-2753, and amendments thereto, is filed with the county clerk of the county in which such im provement district is located requesting the board of county commissioners to hold a public hearing for the purpose of determining the advisability of detaching from such district the area of land described in such petition, the board of county commissioners shall call and hold a public hearing within 30 days after the filing of such petition. The board shall publish a notice of such hearing at least once each week for two consecutive weeks in a newspaper of general circulation in the county. The last publication shall be not more than six days prior to the date fixed for the holding of the hearing. Following such public hearing, the board shall enter an order approving or rejecting the petition for detachment. The board of county commissioners shall enter an order detaching such land, if the improvement district has not provided any services to such land within one year preceding the date of the filing of such petition. Such order shall be effective on January 1 of the succeeding year. Thereupon, the board, by resolution, shall declare the new boundaries of the improvement district and shall certify a copy of such resolution to the county clerk. Any land detached from the improvement district shall be liable for its proportionate share of all outstanding indebtedness of the improvement district on the date the resolution is passed by the board detaching the territory. New Sec. 5. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any sewer district created pursuant to K.S.A. 19-27a01 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 6. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any sewer district created pursuant to K.S.A. 80-2001 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 7. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-601 et seq., and amendments thereto, unless the governing body of such improvement district or in dustrial district approves the inclusion thereof. New Sec. 8. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-612 et seq., and amendments thereto, unless the governing body of such improvement district or in dustrial district approves the inclusion thereof. New Sec. 9. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any public wholesale water supply district created pursuant to K.S.A. 19-3545 et seq., and amendments thereto, unless the governing body of such im provement district or industrial district approves the inclusion thereof. New Sec. 10. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any water supply and distribution district created pursuant to K.S.A. 19-3501 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. 340 JOURNAL OF THE SENATE New Sec. 11. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, shall not be included within the boundaries of any industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district ap proves the inclusion thereof. New Sec. 12. Any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district ap proves the inclusion thereof. New Sec. 13. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-401 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 14. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-501 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 15. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-601 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 16. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-656 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 17. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 19-3601 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 18. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 19-3613 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 19. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 19-3624 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 20. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1512 et March 24, 1997 341 seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 21. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1524 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 22. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1540 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof. New Sec. 23. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1547 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.''; By renumbering sections accordingly; Also on page 3, in line 21, before ``and'' by inserting ``, 24-409''; In the title, in line 11, before ``and'' by inserting ``, 24-409''; and the bill be passed as amended. Committee on Energy and Natural Resources recommends HB 2219 be amended on page 3, after line 38, by inserting: ``Sec. 2. K.S.A. 1996 Supp. 65-171d is hereby amended to read as follows: 65-171d. (a) For the purpose of preventing surface and subsurface water pollution and soil pollution detrimental to public health or to the plant, animal and aquatic life of the state, and to protect beneficial uses of the waters of the state and to require the treatment of sewage predicated upon technologically based effluent limitations, the secretary of health and en vironment shall make such rules and regulations, including registration of potential sources of pollution, as may in the secretary's judgment be necessary to: (1) Protect the soil and waters of the state from pollution resulting from underground storage reservoirs of hydro carbons and liquid petroleum gas; (2) control the disposal, discharge or escape of sewage as defined in K.S.A. 65-164 and amendments thereto, by or from municipalities, corpora tions, companies, institutions, state agencies, federal agencies or individuals and any plants, works or facilities owned or operated, or both, by them; and (3) establish water quality standards for the waters of the state to protect their beneficial uses. (b) The secretary of health and environment may adopt by reference any regulation relating to water quality and effluent standards promulgated by the federal government pursuant to the provisions of the federal clean water act and amendments thereto, as in effect on January 1, 1989, which the secretary is otherwise authorized by law to adopt. (c) For the purposes of this act, including K.S.A. 65-161 through 65-171h and amend ments thereto, and rules and regulations adopted pursuant thereto: (1) ``Pollution'' means: (A) Such contamination or other alteration of the physical, chem ical or biological properties of any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state or to other designated beneficial uses; or (B) such discharge as will or is likely to exceed state effluent standards predicated upon technologically based effluent limitations. (2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A) Which is used for the confined feeding of animals or fowl for food, fur or pleasure purposes; (B) which is not normally used for raising crops; and (C) in which no vegetation intended for animal food is growing. (3) ``Animal unit'' means a unit of measurement calculated by adding the following numbers: The number of beef cattle weighing more than 700 pounds multiplied by 1.0; plus 342 JOURNAL OF THE SENATE the number of cattle weighing less than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle multiplied by 1.4; plus the number of swine weighing more than 55 pounds multiplied by 0.4; plus the number of sheep or lambs multiplied by 0.1; plus the number of horses multiplied by 2.0; plus the number of turkeys multiplied by 0.018; plus the number of laying hens or broilers, if the facility has continuous overflow watering, multiplied by 0.01; plus the number of laying hens or broilers, if the facility has a liquid manure system, multiplied by 0.033; plus the number of ducks multiplied by 0.2. However, each head of cattle will be counted as one full animal unit for the purpose of determining the need for a federal permit. (4) ``Animal unit capacity'' means the maximum number of animal units which a con fined feeding facility is designed to accommodate at any one time. (5) ``Habitable structure'' means any of the following structures which is occupied or maintained in a condition which may be occupied: A dwelling, church, school, adult care home, medical care facility, child care facility, library, community center, public building, office building or licensed food service or lodging establishment. (d) In adopting rules and regulations, the secretary of health and environment, taking into account the varying conditions that are probable for each source of sewage and its possible place of disposal, discharge or escape, may provide for varying the control measures required in each case to those the secretary finds to be necessary to prevent pollution. If a freshwater reservoir or farm pond is privately owned and where complete ownership of land bordering the reservoir is under common private ownership, such freshwater reservoir or farm pond shall be exempt from water quality standards except as it relates to water dis charge or seepage from the reservoir to waters of the state, either surface or groundwater, or as it relates to the public health of persons using the reservoir or pond or waters there from. (e) (1) Whenever the secretary of health and environment or the secretary's duly au thorized agents find that the soil or waters of the state are not being protected from pollution resulting from underground storage reservoirs of hydrocarbons and liquid petroleum gas or that storage or disposal of salt water not regulated by the state corporation commission or refuse in any surface pond is causing or is likely to cause pollution of soil or waters of the state, the secretary or the secretary's duly authorized agents shall issue an order prohibiting such underground storage reservoir or surface pond. Any person aggrieved by such order may within 15 days of service of the order request in writing a hearing on the order. (2) Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (3) Any action of the secretary pursuant to this subsection is subject to review in ac cordance with the act for judicial review and civil enforcement of agency actions. (f) The secretary may adopt rules and regulations establishing fees for the following services: (1) Plan approval, monitoring and inspecting underground or buried petroleum prod ucts storage tanks, for which the annual fee shall not exceed $5 for each tank in place; (2) permitting, monitoring and inspecting salt solution mining operators, for which the annual fee shall not exceed $1,950 per company; and (3) permitting, monitoring and inspecting hydrocarbon storage wells and well systems, for which the annual fee shall not exceed $1,875 per company. (g) Prior to any new construction of a confined feeding facility with an animal unit capacity of 300 to 999, such facility shall register with the secretary of health and environ ment. Facilities with less than 300 animal units may register with the secretary. Any such registration shall be accompanied by a $25 fee. Within 30 days of receipt of such registration, the department of health and environment shall identify any significant water pollution potential or separation distance violations pursuant to subsection (h). If there is identified a significant water pollution potential, such facility shall be required to obtain a permit from the secretary. If there is no water pollution potential posed by a facility with an animal unit capacity of less than 300, the secretary may certify that no permit is required. If there is no water pollution potential nor any violation of separation distances posed by a facility with an animal unit capacity of 300 to 999, the secretary shall certify that no permit is required and that there are no certification conditions pertaining to separation distances. If a sepa March 24, 1997 343 ration distance violation is identified, the secretary may reduce the separation distance in accordance with subsection (i) and shall certify any such reduction of separation distances. (h) Any new construction or new expansion of a confined feeding facility shall meet or exceed the following requirements in separation distances from any habitable structure: (1) 1320 feet for facilities with an animal unit capacity of 300 to 999; and (2) 4000 feet for facilities with an animal unit capacity of 1,000 or more. (i) The separation distance requirements of subsection (h) shall not apply if such person newly constructing or newly expanding a confined feeding facility obtains a written agree ment from all owners of habitable structures which are within the separation distance stating such owners are aware of such construction or expansion and have no objections to such construction or expansion. The written agreement shall be filed in the register of deeds office of the county in which the habitable structure is located. The secretary may reduce separation distance requirements if: (1) No substantial objection from owners of habitable structures within the separation distance is received in response to public notice; or (2) the board of county commissioners of the county where the confined feeding facility is located submits a written request seeking a reduction of separation distances. (j) The separation distances required pursuant to subsection (h) shall not apply to: (1) Confined feeding facilities which are permitted or certified by the secretary on the effective date of this act; (2) confined feeding facilities which exist on the effective date of this act and register with the secretary before July 1, 1996; or (3) expansion of a confined feeding facility, including any expansion for which an ap plication is pending on the effective date of this act, if: (A) In the case of a facility with an animal unit capacity of 1,000 or more prior to the effective date of this act, the expansion is located at a distance not less than the distance between the facility and the nearest habitable structure prior to the expansion; or (B) in the case of a facility with an animal unit capacity of less than 1,000 prior to the effective date of this act and, the expansion is located at a distance not less than the distance between the facility and the nearest habitable struc ture prior to the expansion the animal unit capacity of the facility after expansion does not exceed 2,000. (k) All plans and specifications submitted to the department for new construction or new expansion of confined feeding facilities may be, but are not required to be, prepared by a professional engineer or a consultant.''; Also on page 3, by renumbering sections 2 and 3 accordingly; in line 39, by striking ``653406 is'' and inserting ``65-171d and 65-3406 are''; In the title, in line 9, by striking the first ``solid''; in line 10, before ``amending'' by inserting ``concerning confined feeding facilities;''; also in line 10, before ``65-'' by inserting ``65-171d and''; in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. Also HB 2307, as amended by House Committee, be amended on page 2, in line 30, by striking all after the period; by striking all of lines 31 through 37; in line 38, by striking all before the period and inserting ``The special permits may be sold or otherwise transferred by the landowner or tenant to any resident or nonresident individual who holds a valid Kansas hunting license or to a person exempt by law from the requirement of having a license to hunt in this state. The landowner or tenant may sell such permits for an amount in excess of the fee paid by the landowner or tenant''; in line 41, by striking all after the period; by striking all of lines 42 and 43; In the title, in line 10, by striking all after the semicolon; and the bill be passed as amended. Substitute for HB 2331, as amended by House Committee of the Whole, be amended on page 4, by striking all of lines 37 through 43; On page 5, by striking all of line 1 and inserting: ``(l) Before reviewing any application for a solid waste processing facility or solid waste disposal area, the secretary shall require the following information as part of the application: (1) Certification by the board of county commissioners or the mayor of a designated city responsible for the development and adoption of the solid waste management plan for the location where the processing facility or disposal area is or will be located that the 344 JOURNAL OF THE SENATE processing facility or disposal area is consistent with the plan. This certification shall not apply to a solid waste disposal area for disposal of only solid waste produced on site from manufacturing and industrial processes or from on-site construction or demolition activities. (2) If the location is zoned, certification by the local planning and zoning authority that the processing facility or disposal area is consistent with local land use restrictions or, if the location is not zoned, certification from the board of county commissioners that the proc essing facility or disposal area is compatible with surrounding land use.''; and the bill be passed as amended. Committee on Judiciary recommends HB 2058, 2230, 2264, as amended by House Committee, be passed. Also HB 2250, 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 2025, as amended by House Committee of the Whole, be amended by striking all on page 2; On page 3, by striking all in lines 1 through 40; And by renumbering sections accordingly; Also on page 3, in line 41, by striking all after ``21-4318'' and inserting ``is''; On page 1, in the title, in line 13, by striking ``relating to time''; in line 14, by striking all before ``amending''; in line 15, by striking ``and K.S.A. 1986 Supp. 21-3106''; in line 16, by striking ``sections'' and inserting ``section''; and the bill be passed as amended. Committee on Transportation and Tourism recommends HB 2350 be amended on page 1, in line 20, following the period, by inserting ``The study shall consider only sites at existing state parks or lakes.''; and the bill be passed as amended. Also HB 2374, as amended by House Committee of the Whole, be amended on page 2, by striking all in lines 11 through 32; And by renumbering sections accordingly; Also on page 2, in line 33, by striking ``council on tourism'' and inserting ``commission on travel and tourism, established under K.S.A. 74-9001, and amendments thereto,''; in line 36, by striking ``council'' and inserting ``commission''; by striking all of lines 39 through 43; On page 3, by striking all of line 1 and inserting the following: ``New Sec. 3. (a) The division of travel and tourism of the Kansas department of com merce and housing shall prepare, with review and input from the travel industry association of Kansas, a request for proposals for a consultant to do a large scale study of public and private tourism efforts in Kansas. (b) A notice of the request for proposals shall be published once each week for two consecutive weeks in a newspaper having general circulation in the community at least 30 days before any action thereon. The request for proposals shall also be posted on readily accessible bulletin boards in all offices of the department of commerce and housing and sent elsewhere as the director of travel and tourism development deems best. (c) The request for proposals shall provide performance specifications, terms, conditions and other information as deemed advisable to facilitate the submission of a comprehensive proposal, including, but not limited to, the fact that the study will: (1) Analyze the strengths, weaknesses, opportunities and threats that face development of Kansas tourism; (2) address the interrelationship between public and private sector efforts in developing Kansas tourism; (3) address the interrelationship between state and local interests in developing Kansas tourism; (4) make specific recommendations for the attraction, development and improvement of tourism in Kansas; and (5) be completed by January, 1, 1998, with a report on the study's results and recom mendations derived therefrom to be presented to the legislature, house committee on tour ism, senate committee on transportation and tourism and to the governor during the 1998 legislative session. March 24, 1997 345 (d) Once the requested proposals are submitted, it shall be the duty of the commission on travel and tourism, established under K.S.A. 74-9001, and amendments thereto, to review the proposals and participate in the interviewing process and final selection of a consultant. (e) Following negotiations and development of the proposed agreement, the commis sion on travel and tourism shall approve the final contract. (f) Once the consultant is selected and the contract approved under this section, the selected plan's implementation shall be subject to oversight, review and approval by the commission on travel and tourism. (g) For the purposes of this section, the funds required to pay for the study shall come from state funds taken from the economic development initiatives fund under K.S.A. 794804, and amendments thereto which are appropriated to the department of commerce and housing. Sec. 4. K.S.A. 74-9001 is hereby amended to read as follows: 74-9001. (a) There is hereby established the commission on travel and tourism. The commission shall consist of 15 17 voting members as follows: (1) One member of the senate appointed by the president of the senate; (2) one member of the senate appointed by the minority leader of the senate; (3) one member of the house of representatives appointed by the speaker of the house of representatives; (4) one member of the house of representatives appointed by the minority leader The chairperson, vice-chairperson and ranking minority member of the standing committee on transportation and tourism of the senate; (2) the chairperson, vice-chairperson and ranking minority member of the standing committee on tourism of the house of rep resentatives; and ~~(5)~~ (3) eleven members appointed by the governor. Of the 11 members appointed by the governor, one shall be appointed from a list of three nominations made by the travel industry association of Kansas, one shall be appointed from a list of three nominations made by the Kansas lodging association, one shall be appointed from a list of three nominations made by the Kansas restaurant association, one shall be appointed from a list of three nominations made by the Kansas oil marketers and convenience store asso ciation and seven shall be appointed to represent the general public. In addition to the voting members of the commission, four members of the commission shall serve ex officio: The secretary of commerce, the secretary of transportation, the secretary of wildlife and parks and the secretary of the state historical society. Each ex officio member of the com mission may designate an officer or employee of the state agency of the ex officio member to serve on the commission in place of the ex officio member. The ex officio members of the commission, or their designees, shall be nonvoting members of the commission and shall provide information and advice to the commission. (b) Legislator members shall be appointed for terms coinciding with the terms for which such members are elected, except that on July 1, 1997, the four legislator members serving on the commission immediately prior to such date shall cease to be members of the com mission and the legislator members specified in paragraphs (1) and (2) of subsection (a) shall serve on the commission. Of the 11 members first appointed by the governor, six shall be appointed for terms of three years and five shall be appointed for terms of two years as determined by the governor. Thereafter, all members appointed by the governor shall be appointed for terms of three years. All members appointed to fill vacancies in the mem bership of the commission and all members appointed to succeed members appointed to membership on the commission shall be appointed in like manner as that provided for the original appointment of the member succeeded. (c) The governor shall designate annually a chairperson and vice-chairperson for the commission from among its members. The commission shall meet at least four times each year at the call of the chairperson of the commission. Eight voting members of the com mission shall constitute a quorum. (d) Members of the commission attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid amounts for mileage as provided in subsection (c) of K.S.A. 75-3223 and amendments thereto, or a lesser amount as determined by the secretary of commerce. Amounts paid under this subsection (d) to ex officio members of the commission, or their designees, shall be from appropriations to the state agencies of which such members are officers or employees upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief 346 JOURNAL OF THE SENATE administrative officers of such agencies. Amounts paid under this subsection (d) to voting members of the commission shall be from moneys available for the payment of such amounts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission.''; And by renumbering sections accordingly; Also on page 3, in line 11, by striking all after ``$50,000,000''; by striking all of lines 12 through 17; in line 18, by striking all preceding the period; in line 26, preceding the period, by inserting ``, except that of the amounts credited to the gaming revenues fund which are in excess of $50,000,000 as of June 25, 1997, and each June 25 thereafter, the first $1,000,000 of such amount in excess of $50,000,000 shall be credited to the state tourism fund on such date''; in line 27, preceding ``K.S.A.'' by inserting ``K.S.A. 74-9001 and''; also in line 27, by striking ``is'' and inserting ``are''; On page 1, in the title, in line 12, by striking the comma and inserting ``; concerning requests for proposals;''; in line 13, by striking all preceding the semicolon; also in line 13, preceding ``K.S.A.'' by inserting ``K.S.A. 74-9001 and''; in line 14, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. Committee on Ways and Means recommends SB 187 be amended on page 1, in line 18, by striking ``Sec.'' and inserting ``Section''; in line 24, by striking all following ``the''; in line 25, by striking all preceding the period and inserting ``department of social and reha bilitation services''; in line 30, by striking all following ``the''; in line 31, by striking all preceding the period and inserting ``secretary of social and rehabilitation services''; in line 36, by striking ``juvenile justice authority'' and inserting ``department of social and rehabil itation services''; in line 38, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 40, by striking ``authority'' and inserting ``de partment''; On page 2, in line 3, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 9, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 10, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 11, by striking ``commissioner of juvenile justice'' and inserting ``secretary of social and rehabilitation services''; in line 12, by striking ``juvenile justice authority'' and inserting ``de partment of social and rehabilitation services''; in line 13, by striking ``juvenile''; in line 14, by striking all preceding the period and inserting ``department of social and rehabilitation services''; in line 28, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 30, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; in line 36, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services''; On page 3, in line 10, by striking ``juvenile justice authority'' and inserting ``department of social and rehabilitation services in accordance with this act''; in line 20, by striking ``juvenile justice''; in line 21, by striking ``authority established by this act'' and inserting ``department of social and rehabilitation services''; in line 22, by striking all following ``the''; in line 23, by striking ``act'' and inserting ``department of social and rehabilitation services in accordance with this act''; also in line 23, by striking all following ``the''; in line 24, by striking all preceding the period and inserting ``department of social and rehabilitation serv ices''; following line 24, by inserting the following: ``New Sec. 7. (a) The secretary of social and rehabilitation services shall apply, accept and receive grants, loans, gifts or donations from any public or private entity in support of programs administered by the secretary pursuant to this act or by the judicial administrator of the courts pursuant to a contract entered into under this section. (b) The secretary of social and rehabilitation services shall consider applications for and make grants from the family and children trust account of the family and children investment fund in accordance with the provisions of subsection (d) of K.S.A. 38-1808 and amendments thereto. (c) The secretary of social and rehabilitation services shall enter into a contract with the judicial administrator of the courts to administer the expenditures from the permanent families account of the family and children investment fund and to consider applications for and to make grants from the permanent families account of the family and children invest March 24, 1997 347 ment fund in accordance with the provisions of subsection (d) of K.S.A. 38-1808 and amend ments thereto. New Sec. 8. (a) The advisory committee on children and families is hereby created. (b) The advisory committee on children and families shall consist of 9 members as follows: (1) The secretary of health and environment; (2) the secretary of social and reha bilitation services; (3) the secretary of human resources; (4) the education commissioner; (5) the juvenile justice commissioner; (6) a member of the Kansas supreme court; and (7) three members of the public who are interested in and knowledgeable about the needs of children and families and appointed by the governor, except that the members appointed by the governor to the advisory committee on children and families created by executive order 97-1 shall be deemed members of the advisory committee on children and families established by this section. (c) The members of the committee on children and families shall be appointed by the governor. The governor shall appoint a chairperson of the committee and the members of the committee may elect any additional officers from among its members necessary to carry out the duties and functions of the committee. (d) The committee on children and families shall meet upon the call of the chairperson as necessary to carry out the duties and functions of the committee. (e) The advisory committee on children and families shall have and perform the follow ing functions: (1) Assist the governor in developing and implementing a coordinated, comprehensive service delivery system to serve the children and families of Kansas; (2) identify barriers to service and gaps in service due to strict definitions of boundaries between departments and agencies; (3) facilitate interagency and interdepartmental cooperation toward the common goal of serving children and families; (4) investigate and identify methodologies for the combining of funds across depart mental boundaries to better serve children and families; (5) propose actions needed to achieve coordination of funding and services across de partmental lines; (6) encourage and facilitate joint planning and coordination between the public and private sectors to better serve the needs of children and families; and (7) receive reports from local citizen review boards established pursuant to K.S.A. 381812, and amendments thereto, regarding the status of children under the supervision of the district courts and regarding systemic barriers to permanence for children, assure that appropriate data is maintained regularly and compiled at least once a year by such boards on all cases reviewed and assure that the effectiveness of such boards is evaluated on an ongoing basis, using, where possible, random selection of local citizen review boards and cases for the evaluation and including client outcome data to determine effectiveness. (f) Members of the advisory committee on children and families shall not be paid com pensation, but shall receive subsistence allowances, mileage and other expenses as provided by K.S.A. 75-3223, and amendments thereto. The subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto shall be paid from available appropriations of the department of social and rehabilitation services except that expenses of members who are employed by a state agency shall be reimbursed by that state agency.''; Also on page 3, in line 25, by striking ``Section'' and inserting ``Sec.''; And by renumbering sections accordingly; On page 4, in line 22, by striking ``commissioner of juvenile justice'' and inserting ``sec retary of social and rehabilitation services''; in line 36, by striking ``commissioner of juvenile justice'' and inserting ``secretary of social and rehabilitation services''; in line 37, by striking ``commissioner'' and inserting ``secretary''; On page 5, in line 10, by striking all following ``the''; by striking all in line 11; in line 12, by striking all preceding the period and inserting ``advisory committee on children and families established pursuant to section 8''; following line 14, by inserting the following: ``(3) The advisory commission on children and families created in section 8 shall advise the secretary of social and rehabilitation services on the expenditures of moneys in the family and children trust account.''; 348 JOURNAL OF THE SENATE On page 11, by striking all of lines 29 through 43; On page 12, by striking all in lines 1 through 43; On page 13, by striking all in lines 1 through 21; And by renumbering sections accordingly; Also on page 13, in line 25, by striking the comma following ``75-2935'' and inserting ``and''; in line 26, by striking ``and 75-7024''; Also on page 1, in line 12, by striking the comma following ``75-2935'' and inserting ``and''; in line 13, by striking ``and 75-7024''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 140, 325, 337, 373 reported correctly engrossed March 24, 1997. REPORT ON ENROLLED BILLS SB 83, 121, 275 reported correctly enrolled, properly signed and presented to the Gov ernor on March 21, 1997. SR 1832, 1833, 1834, 1835, 1837 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on March 24, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 25, 1997.