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


                                FIFTY-FIRST DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                          Wednesday, March 26, 1997--1:30 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,
     Most of our choices are not between black and white issues, but between
   various shades of gray. This makes it more difficult to know which way to
   vote. But it some times makes it easier to accommodate our constituency,
   or our party, or our dele gation because we do not feel strongly about it
   either way.
     But there are times when the issue seems clear, when what is right seems
   obvious, and when Your will appears plain. It is in those times that we
   must be willing to stand alone, to bite the bullet, and to jeopardize our
   future security. When those times come, let there be no fence straddling,
   no waffling, no backing off, and no hesitation.
     Let us be found faithful.
     I pray in the Name of Christ Who remains faithful to us.
     AMEN

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Federal and State Affairs: HB 2490.
  Public Health and Welfare: HB 2278.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2155, 2297; SB 58, 190.
  Also, passage of SB 164, as amended, 204, as amended.
  The House nonconcurs in Senate amendments to HB 2020, requests a
conference and has appointed Representatives Glasscock, Powers and Welshimer
as conferees on the part of the House.
  The House nonconcurs in Senate amendments to HB 2303, requests a
conference and has appointed Representatives Lloyd, Freeborn and McClure as
conferees on the part of the House.
  The House accedes to the request of the Senate for a conference on SB
65 and has appointed Representatives O'Neal, Shore and Reardon as
conferees on the part of the House.
  The House accedes to the request of the Senate for a conference on SB
99 and has appointed Representatives Phil Kline, Farmer and Helgerson  as
conferees on the part of the House.
  The House accedes to the request of the Senate for a conference on SB
131 and has appointed Representatives Hayzlett, Howell and Dillon as
conferees on the part of the House.

                                 March 26, 1997                             361

  The House accedes to the request of the Senate for a conference on SB
132 and has appointed Representatives Cox, Humerickhouse and Correll as
conferees on the part of the House.
  The House accedes to the request of the Senate for a conference on SB
166 and has appointed Representatives Allen, Palmer and Alldritt as
conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2155, 2297 were thereupon introduced and read by title.

ORIGINAL MOTION

  On motion of Senator Hardenburger, the Senate acceded to the request of the
House for a conference on HB 2020.
  The President appointed Senators Hardenburger, Becker and Gooch as
conferees on the part of the Senate.
  On motion of Senator Corbin, the Senate acceded to the request of the House
for a conference on HB 2303.
  The President appointed Senators Corbin, Morris and Biggs as conferees on
the part of the Senate.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

  Senator Praeger moved the Senate Concur in house amendments to SB 10.
  SB 10, An act concerning health care data; concerning the health care
data governing board; concerning legislative post audit; relating to the
performance audit of the health care database; amending K.S.A. 1996 Supp.
65-6803 and 65-6808 and repealing the existing sections, was consisdered 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 Senate concurred.
  Senator Steffes moved the Senate Concur in house amendments to SB 32.
  SB 32, An act concerning filing financing statements of security
interests; purchase price of consumer good; amending K.S.A. 84-9-302 and
repealing the existing section, was con sidered 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 Senate concurred.
  Senator Praeger moved the Senate Concur in house amendments to SB 60.
  SB 60, An act concerning the Governor's mental health services
planning council; relating to size, composition and terms of the council;
amending K.S.A. 39-1605 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 Senate concurred.
  Senator Corbin moved the Senate Concur in house amendments to SB 110.
  SB 110, An act concerning methods of taking wildlife; unlawful acts;
amending K.S.A. 32-1003 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.

362                          JOURNAL OF THE SENATE

  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 Senate concurred.
  Senator Hardenburger moved the Senate Concur in house amendments to SB
133.
  SB 133, An act concerning cities and counties; relating to planning
and zoning; amending K.S.A. 12-749 and 19-2958 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 Senate concurred.
  Senator Hardenburger moved the Senate Concur in house amendments to SB
205.
  SB 205, An act concerning certain municipalities; relating to the
powers, duties and functions of the governing bodies thereof; amending K.S.A.
68-102 and K.S.A. 1996 Supp. 80-410, 80-915 and 80-1501 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 Senate concurred.
  On motion of Senator Praeger the Senate nonconcurred in the House
amendments to SB 164 and requested a conference committee be appointed.
  The President appointed Senators Praeger, Salmans and Steineger as a
conference com mittee on the part of the Senate.
  On motion of Senator Praeger the Senate nonconcurred in the House
amendments to SB 165 and requested a conference committee be appointed.
  The President appointed Senators Praeger, Hardenburger and Steineger as a
conference committee on the part of the Senate.
  On motion of Senator Ranson the Senate nonconcurred in the House amendments
to SB 333 and requested a conference committee be appointed.
  The President appointed Senators Ranson, Salisbury and Barone as a
conference com mittee on the part of the Senate.

ORIGINAL MOTION

  Having voted on the prevailing side, Senator Emert moved the Senate
reconsider its action to concur on SB 32, and to nonconcur and a
conference committee be appointed.
  The motion carried, and the President appointed Senators Steffes, Praeger
and Feleciano as conferees on the part of the Senate on SB 32.

CONFIRMATION OF APPOINTMENTS

  In accordance with Senate Rule 56, the following appointment, submitted
by the Gov ernor to the senate for confirmation, was considered.
  Senator Emert moved the following appointment be confirmed as recommended
by the Standing Senate Committee:
  On the appointment to the:
Indigents' Defense Services Board:
   Devon F. Knoll, term expires January 15, 2000
  The vote was: Yeas 40, nays 0, present and passing 0, absent or not voting
0.

                                 March 26, 1997                             363

  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 appointment was confirmed.

FINAL ACTION ON CONSENT CALENDAR

  HB 2123, 2308, 2484 having appeared on the Consent Calendar for the
required two full legislative days without objection from any member, were
considered on final action.
  HB 2123, An act designating bridge no. 013 located on United States
highway 59 in Atchison county as the Amelia Earhart memorial bridge, 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 2308, An act concerning business entities; relating to limited
liability companies and limited partnerships; amending K.S.A. 17-7616 and
56-1a353 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 2484, An act concerning the Kansas bureau of investigation;
relating to the powers, duties and functions thereof; authorizing acceptance
of gifts and grants; background inves tigations; amending K.S.A. 75-712 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.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  HB 2093, An act regulating traffic; concerning certain safety
equipment; concerning alteration of maximum speed limits by local
authorities; amending K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and 8-1560
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 2170, An act relating to motor vehicles; providing for distinctive
license plates; amending K.S.A. 1996 Supp. 8-177a and 8-1,142 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.

364                          JOURNAL OF THE SENATE

  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 2200, An act concerning dentists and dentistry; relating to
disciplinary actions and confidentiality; amending K.S.A. 1996 Supp. 65-1436
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.
  HB 2203, An act relating to motor vehicles; concerning the filing of
notice of security interest; amending K.S.A. 1996 Supp. 8-135 and repealing
the existing section, was consid ered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  HB 2279,  An act concerning livestock; relating to disposition of
pseudorabies virus in fected swine; duties of livestock commissioner;
indemnity to owners, 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 2288, An act concerning controlled substances; relating to
treatment of obesity; amending K.S.A. 65-2837a 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 2381, An act concerning certain public utilities; relating to
jurisdiction to regulate; amending K.S.A. 66-104 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.
  HCR 5015, A concurrent resolution approving the creation of a Butler
County Port Authority, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.

                                 March 26, 1997                             365

  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 resolution was adopted.
~
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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