J o u r n a l o f t h e S e n a t e FIFTY-SIXTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, April 2, 1997--10:00 a.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, Give us: the courage to do the right thing the wisdom to say the right words the sense to recognize the right time the knowledge to know the right way the willingness to be the right person the ability to have the right stuff the faith to follow the right master. I pray in the Name of the Righteous Christ, AMEN REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: Sub. HB 2501. Federal and State Affairs: HB 2509. Financial Institutions & Insurance: HB 2330. Ways and Means: HB 2213, 2516. MESSAGE FROM THE HOUSE Announcing the House concurs in Senate amendments to HB 2038. The House concurs in Senate amendments to HB 2181. The House concurs in Senate amendments to HB 2188. The House concurs in Senate amendments to HB 2137 and requests the Senate to return the bill. The House nonconcurs in Senate amendments to HB 2230, requests a conference and has appointed Reps. Lane, Geringer and Pauls as conferees on the part of the House. The House announces the appointment of Rep. McKinney to replace Rep. Burroughs as a conferee on SB 333. The House accedes to the request of the Senate for a conference on SB 43 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 220 and has appointed Representatives Mayans, Morrison and Henry as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 221 and has appointed Representatives Mayans, Morrison and Henry as conferees on the part of the House. April 2, 1997 561 CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Steffes moved the Senate Concur in house amendments to SB 282. SB 282, An act concerning the pooled money investment board; relating to the mem bership thereof; amending K.S.A. 1996 Supp. 75-4221a 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 Steffes moved the Senate Concur in house amendments to Sub. SCR 1601. Sub. SCR 1601, A concurrent resolution establishing a task force to study the insurance industry in Kansas in order to identify programs and actions that can be undertaken to promote the growth of the existing industry, enhance its financial viability and attract outof-state insurance companies to Kansas, was considered on final action. On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Salmans, Schraad, Steffes, Steineger, Vidricksen. Nays: Bleeker, Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Pugh, Ranson, Salisbury, Tyson, Umbarger. The Senate concurred. Senator Emert moved the Senate Concur in house amendments to SCR 1608. SCR 1608, A concurrent resolution urging the United States Environmental Protection Agency to maintain current air quality standards unless benefit and economic impact dem onstrated, 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 Emert moved the Senate Concur in house amendments to SCR 1609. SCR 1609, A concurrent resolution concerning the Ozone Transport Assessment Group (OTAG), 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 Langworthy the Senate nonconcurred in the House amendments to SB 7 and requested a conference committee be appointed. The President appointed Senators Langworthy, Corbin and Lee as a conference com mittee on the part of the Senate. On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 68 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 87 and requested a conference committee be appointed. 562 JOURNAL OF THE SENATE The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 106 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. On motion of Senator Hardenburger the Senate nonconcurred in the House amendments to SB 146 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. On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 214 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 262 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. On motion of Senator Emert the Senate nonconcurred in the House amendments to H. Sub. for SB 264 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. ORIGINAL MOTION On motion of Senator Emert, the Senate acceded to the request of the House for a conference on HB 2230. The President appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on Senate amendments to HB 2045, submits the following report: The House accedes to all Senate amendments to the bill, and your committee on con ference further agrees to amend the bill, as printed with Senate Committee of the Whole amendments, as follows: On page 2, in lines 24 and 25, by striking ``40-3905'' and inserting ``40-3906''; On page 3, in line 17, after ``as'' by inserting ``the''; And your committee on conference recommends the adoption of this report. Don Steffes Sandy Praeger Paul Feleciano, Jr. Conferees on part of Senate Tom Bradley Dennis M. Wilson Nancy Kirk Conferees on part of House Senator Steffes moved the Senate adopt the Conference Committee report on HB 2045. 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, 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. Nays: Clark. The Conference Committee report was adopted. April 2, 1997 563 CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on Senate amendments to HB 2071, submits the following report: The House accedes to all the Senate amendments to the bill, and your committee on conference further agrees to amend the bill, as printed with Senate Committee amend ments, as follows: On page 6, following line 20, by inserting a section as follows: ``Sec. 3. K.S.A. 40-414 is hereby amended to read as follows: 40-414. (a) If a life in surance company or fraternal benefit society issues any policy of insurance, including a contract of annuity, or beneficiary certificates upon the life of an individual and payable at the death of the insured, or in any given number of years, to any person or persons having an insurable interest in the life of the insured, the policy and its reserves, or their present value, shall inure to the sole and separate use and benefit of the beneficiaries named in the policy and shall be free from: (1) The claims of the insured or the insured's creditors and representatives; (2) the claims of any policyholder or the policyholder's creditors and representatives, subject to the provisions of subsection (b); (3) all taxes, subject to the provisions of subsection (d); and (4) the claims and judgments of the creditors and representatives of any person named as beneficiary in the policy of insurance. (b) The nonforfeiture value of a life insurance or annuity policy shall not be exempt from: (1) Claims of the creditors of a policyholder who files a bankruptcy petition under 11 U.S.C. (section) 101 et seq. on or within one year after the date the life insurance policy is issued on or within two years after the date the annuity policy is issued; or (2) the claim of any creditor of a policyholder if execution on judgment for the claim is issued on or within one year after the date that the life insurance policy is issued or on or within two years after the date the annuity policy is issued. (c) Nothing in this section shall be construed as restricting the right of the insured to change the beneficiary if the policy reserves that right to the insured. (d) Nothing in this section shall be construed as exempting from taxation any real estate which may at any time be carried by any life insurance company as a part of its legal reserve. (e) The provisions of subsection (b) shall apply only to life insurance or annuity policies purchased on or after July 1, 1988. (f) The provisions of subsection (b) shall not apply to that portion of the nonforfeiture value of a life insurance policy, issued on or within one year of the filing of a bankruptcy petition under 11 U.S.C. (section) 101 et seq. or an execution on judgment for the claim of the creditor, which is derived from the surrender of a life insurance policy issued more than one year prior to such bankruptcy petition or such execution. (g) The provisions of subsection (b) shall not apply to that portion of the nonforfeiture value of an annuity policy, issued on or within two years of the filing of a bankruptcy petition under 11 U.S.C. (section) 101 et seq. or an execution on judgment for the claim of the creditor, which is derived from the surrender of an annuity policy issued more than two years prior to such bankruptcy petition or such execution.''; And by renumbering the remaining sections accordingly; Also on page 6, in line 21, before ``40-241i'' by inserting ``40-112, as amended by section 2 of 1997 House Bill No. 2104,''; also in line 21, after ``40-241i'', by inserting ``, 40-2,125, as amended by section 6 of 1997 House Bill 2104, and 40-414''; In the title, in line 12, after ``insurance'' by inserting a semicolon; in line 15, after ``241i'' by inserting ``and 40-414''; in line 15, after ``sections'' by inserting ``; also repealing 40-112, as amended by section 2 of 1997 House Bill No. 2104, and 40-2,125, as amended by section 6 of 1997 House Bill No. 2104''; 564 JOURNAL OF THE SENATE And your committee on conference recommends the adoption of this report. Don Steffes Sandy Praeger Paul Feleciano, Jr. Conferees on part of Senate Tom Bradley Dennis M. Wilson Nancy Kirk Conferees on part of House Senator Steffes moved the Senate adopt the Conference Committee report on HB 2071. Senator Lee offered a substitute motion the Senate not adopt the Conference Committee Report on HB 2071, and request a new conference committee be appointed. The substitute motion carried and the President appointed Senators Steffes, Praeger and Feleciano as second conferees on the part of the senate. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 154, An act concerning retirement and pensions; relating to the Kansas public em ployees retirement system and systems thereunder; definitions; life insurance; survivor pro visions; purchase of service credit district magistrate judges; state school retirement system; benefits and contributions; arrearages; long-term disability benefits and retirement annuity for disabled judges; annual final average salary adjustment; real estate investment standards; elected board members; hearing officers; earnings after retirement; amending K.S.A. 202609, 20-2610, 20-2620 and 72-5501 and K.S.A. 1996 Supp. 20-2601, 74-4902, 74-4904, 744905, 74-4908, 74-4910, 74-4911f, 74-4913, 74-4914, 74-4914e, 74-4919a, 74-4919c, 744919h, 74-4920, 74-4921, 74-4927, 74-4952, 74-4957, 74-4957a, 74-4966 and 74-4990 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. SB 242, An act concerning respiratory therapy; relating to licensure; amending K.S.A. 39-952, 40-12a01, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 655508, 65-5509, 65-5510, 65-5511, 65-5512 and 65-5514 and K.S.A. 1996 Supp. 40-3103, 654116, 65-4915, 74-4916 and 74-4960a 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 2127, An act concerning corrections; relating to disposition of certain moneys paid to inmates; amending K.S.A. 1996 Supp. 75-5268 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. April 2, 1997 565 HB 2150, An act concerning the department of corrections; relating to inmate employ ment and training; amending K.S.A. 1996 Supp. 75-5211 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. S. Sub. 2272, An act making and concerning appropriations for the fiscal year ending June 30, 1997, for the state board of healing arts, state board of veterinary examiners, Kansas state board of cosmetology, board of nursing, Kansas dental board, state department of credit unions, state bank commissioner, consumer credit commissioner, office of the secu rities commissioner of Kansas, state board of technical professions, real estate appraisal board, Kansas real estate commission, department of administration, Kansas racing and gaming commission, state corporation commission, Kansas public employees retirement system, department of revenue, insurance department, state board of indigents' defense services, attorney general, department of social and rehabilitation services, department of human resources, department of health and environment, department of education, Kansas state school for the blind, state historical society, Kansas arts commission, state library, Fort Hays state university, Emporia state university, Pittsburg state university, Kansas state uni versity, Kansas state university -- Salina, college of technology, university of Kansas, uni versity of Kansas medical center, Wichita state university, legislature, department of cor rections, Kansas parole board, Kansas sentencing commission, state fire marshal, juvenile justice authority, Kansas department of agriculture, state fair board, Kansas state grain in spection department, Kansas animal health department, Kansas wheat commission, depart ment of wildlife and parks, Kansas water office, state conservation commission, Kansas lottery, adjutant general, ombudsman of corrections, department of commerce and housing, Kansas commission on veterans affairs and department of revenue--homestead property tax refunds; authorizing certain transfers, capital improvement projects, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing, was considered on final action. On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Donovan, Emert, Feleciano, Gil strap, Gooch, Goodwin, Hardenburger, Harrington, Jordan, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Umbarger, Vidricksen. Nays: Bleeker, Clark, Downey, Hensley, Huelskamp, Jones, Lee, Petty, Pugh, Steineger, Tyson. The substitute bill passed, as amended. HB 2350, An act concerning the Kansas department of commerce and housing and the department of wildlife and parks; relating to developing lake resorts in Kansas, 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, as amended. HB 2490, An act concerning the practice of geology; providing for licensure and regu lation as a technical profession; amending K.S.A. 74-7005 and 74-7006 and K.S.A. 1996 Supp. 74-7003 and 74-7013 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0. 566 JOURNAL OF THE SENATE Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans, Schraad, Steffes, Stei neger, Vidricksen. Nays: Clark, Gooch, Harrington, Huelskamp, Lawrence, Lee, Ranson, Tyson, Umbarger. The bill passed, as amended. REPORTS OF STANDING COMMITTEES Committee on Commerce begs leave to submit the following report: The following appointments were referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointments: By the Governor: Kansas Development Finance Authority: K.S.A. 74-8903 Robert I. Guenthner, term expires January 15, 1999 Public Employee Relations Board: K.S.A. 75-4323 Gregory M. Windholz, term expires March 15, 2001 Also SB 387 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 Financial Institutions and Insurance begs leave to submit the follow ing report: The following appointments were referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointments: By the Governor: State Banking Board: K.S.A. 74-3004 Ben Zimmerman, III, term expires March 15, 1999 Kathleen Steward, term expires March 15, 2000 REPORT ON ENGROSSED BILLS Sub. SCR 1601 reported correctly engrossed April 2, 1997. Also, SB 282; SCR 1608, 1609 correctly re-engrossed April 2, 1997. COMMITTEE OF THE WHOLE On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for consideration of bills on the calendar under the heading of General Orders with Senator Lee in the chair. On motion of Senator Lee the following report was adopted: Recommended SB 383 be amended by adoption of the committee amendments and the bill be passed as amended. The following amendment offered to the bill was rejected: Senator Becker moved to amend SB 383. Senator Ranson requested the amendment be divided into three parts: Part 1: On page 4, following line 25, by inserting the following: ``(a) A constituent service allowance of $323 for the two-week period which commences on the first day of the first payroll period commencing on or after the effective date of this section and for each ensuing two-week period thereafter, to defray expenses incurred throughout the year in the performance of constituent services;'' Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 6, nays 33, present and passing 0; absent or not voting 1. Yeas: Becker, Brownlee, Gooch, Jones, Ranson, Steineger. Nays: Barone, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Lawrence. Part I of the amendment was rejected. The remainder of the amendment was withdrawn. April 2, 1997 567 In accordance with Senate Rule 68, and upon the motion of Senator Emert, Senate Rule 41 was suspended and an unlimited number of roll calls will be allowed on S. Sub for HB 2160. S. Sub for HB 2160 as amended by adoption of the committee report recommending a substitute bill, be amended by motion of Senator Goodwin on page 55, following line 12, by inserting the following: ``Winfield veterans home acquisition and construction fund ... No limit''; On page 72, following line 43, by inserting the following: ``(q) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $2,500,000 from the social welfare fund of the depart ment of social and rehabilitation services to the Winfield veterans home acquisition and construction fund of the Kansas commission on veterans affairs.'' The bill also be amended by motion of Senator Kerr on page 43, in line 42, by striking ``No limit'' and inserting ``$0''. The bill also be amended by motion of Senator Corbin on page 43, in line 42, by changing the expenditure limitation prescribed for the Horse fair racing benefit fund to an expendi ture limitation of no limit, and on page 44, by deleting line 19 to 23, and renumbering accordingly.'' The bill also be amended by motion of Senator Jordan on page 32, after line 4, by inserting the following: ``Year 2000 computer repair for state agencies ............. $5,000,000'', and the bill be passed as amended. The following amendments offered to S. Sub for HB 2160 were rejected: Senator Huelskamp moved to amend the bill on page 55, in line 17, by subtracting $223,498 from the dollar amount and by adjusting the dollar amount in line 17 accordingly; in line 22, by subtracting $50,382 from the dollar amount and by adjusting the dollar amount in line 22 accordingly. Also, on page 130, in line 40, by striking ``No limit'' and inserting ``$35,000''. Senator Petty moved to amend the bill on page 1, after line 31, by inserting the following: ``(d) This act shall not be subject to the provisions of subsection (a) of K.S.A. 1996 Supp. 75-6702 and amendments thereto.''; On page 141, after line 25, by inserting the following: ``Sec. 118. On the effective date of this act, section 13 of chapter 259 of the 1996 Session laws of Kansas is hereby amended to read as follows: Sec. 13. STATE BOARD OF REGENTS (a) There is appropriated for the above agency from the Kansas educational building fund for the fiscal year or fiscal years and for the capital improvement project or projects specified as follows: Rehabilitation and repair projects, Americans with disabilities act compliance projects, state fire marshal code compliance projects, and improvements to classroom projects for in stitutions of higher education For the fiscal year ending June 30, 2001 .................... $5,000,000 For the fiscal year ending June 30, 1997$4,000,000 For the fiscal year ending June 30, 1998$5,000,000 For the fiscal year ending June 30, 1999$5,000,000 For the fiscal year ending June 30, 2000$5,000,000 Provided, That the state board of regents is hereby authorized to transfer moneys from the rehabilitation and repair projects, Americans with disabilities act compliance projects, state fire marshal code compliance projects, and improvements to classroom projects for insti tutions of higher education account to an account or accounts of the Kansas educational building fund of any institution under the control and supervision of the state board of regents to be expended by the institution for projects approved by the state board of regents: Provided, however, That no expenditures shall be made from any such account until the proposed projects have been reviewed by the joint committee on state building construction. 568 JOURNAL OF THE SENATE (b) On July 15, 1996, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $138,736 from the state general fund to the Kansas educational building fund. (c) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or fiscal years specified, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Comprehensive rehabilitation and repair fund For the fiscal year ending June 30, 1997No limit For the fiscal year ending June 30, 2000 ...................... No limit For the fiscal year ending June 30, 1998No limit For the fiscal year ending June 30, 1999No limit Provided, That the state board of regents is hereby authorized to transfer moneys from the comprehensive rehabilitation and repair fund of the state board of regents to any account or accounts of a comprehensive rehabilitation and repair fund of any state educational institution under the control and supervision of the state board of regents for expenditure by the institutions for one or more capital improvement projects for major remodeling and new construction, including acquisition of computers and other information technology equipment associated with such projects, approved by the state board of regents or for payment of debt service on revenue bonds issued to finance such projects: Provided further, That the state board of regents may make expenditures from this fund for the payment of debt service on revenue bonds issued to finance such projects: And provided further, That the state board of regents shall first advise and consult with the joint committee on state building construction as required by subsection (b) of K.S.A. 75-3717b and amendments thereto regarding each such capital improvement project which has been approved by the state board of regents for an institution before making the first transfer from this fund to any account or accounts of a comprehensive rehabilitation and repair fund of such institution for such project: And provided further, That such capital improvement projects are hereby approved for the state board of regents and for such state educational institutions for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of one or more series of revenue bonds by the Kansas development finance authority in accordance with that statute: And provided further, That the aggregate amount of all such revenue bonds issued shall not exceed the amount that may be repaid with amounts appro priated for the fiscal years during the period from July 1, 1997, through June 30, 2012, that do not exceed the amount of $14,000,000 for the fiscal year ending June 30, 1998, and the amount of $15,000,000 for any fiscal year thereafter during such period, excluding any reappropriation of any such amount: And provided further, That all moneys received from issuance of any such bonds shall be deposited in the state treasury and credited to this fund. (d) There is appropriated for the above agency from the Kansas educational building fund for the fiscal year or fiscal years specified and for the capital improvement project or projects specified as follows: Debt service--revenue bonds issued for major remodeling and new construction projects at state educational institutions For the fiscal year ending June 30, 2000 ................... $15,000,000 For the fiscal year ending June 30, 1998$14,000,000 For the fiscal year ending June 30, 1999$15,000,000 (e) The appropriations made by this section shall not be subject to the provisions of K.S.A. 46-155 and amendments thereto. Sec. 119. On the effective date of this act, section 13 of chapter 259 of the 1996 Session Laws of Kansas is hereby repealed.''; And by renumbering sections accordingly; Also on page 141, by striking all in line 29; in line 30, by striking all before ``its''; in line 31, by striking ``statute book'' and inserting ``Kansas register''; On page 1, in the title, in line 15, after ``amending'' by inserting ``section 13 of chapter 259 of the 1996 Session Laws of Kansas and'' April 2, 1997 569 Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting 0. Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Huel skamp, Jones, Karr, Lee, Petty, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. The motion failed and the amendment was rejected. Also Senator Petty moved to amend the bill, on page 65, in line 12, by adding $4,000,000 to the dollar amount and by adjusting the dollar amount in line 12 accordingly. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 13, nays 26, present and passing 0; absent or not voting 1. Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Petty, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Oleen. The motion failed and the amendment was rejected. Senator Petty moved to amend the bill on page 68, in line 16, by adding $1,200,000 to the dollar amount and by adjusting the dollar amount in line 16 accordingly; in line 20, before the period, by inserting ``: And provided further, That the secretary of social and rehabilitation services shall provide increase cash grants equivalent to amounts eliminated by federal legislation associated with the $50 child support pass through''. Senator Jones moved to amend the bill on page 100, in line 8, by adding $567,075 to the dollar amount and by adjusting the dollar amount in line 8 accordingly. The amendments were rejected. REMOVE FROM CONSENT CALENDAR An objection having been made to SB 387 appearing on the Consent Calendar, the President directed the bill be removed and placed on the calendar under the heading of ``General Orders''. On motion of Senator Emert, the Senate recessed until 5:00 p.m. Evening Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE GOVERNOR April 2, 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 April 2, 1997, pursuant to law. Bill Graves Governor Member, State Board of Regents, Harry W. Craig, Jr. pursuant to the authority vested in me by K.S.A. 74-3201, effective upon the date of confirmation by the Senate to fill a fouryear term ending January 15, 2001. Member, State Board of Regents, Sidney T. Warner, pursuant to the authority vested in me by K.S.A. 74-3201, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. 570 JOURNAL OF THE SENATE REPORTS OF STANDING COMMITTEES Committee on Assessment and Taxation recommends Substitute for HB 2501 be passed. Committee on Federal and State Affairs recommends HB 2103 be amended on page 1, in line 39, by striking ``If'' and inserting ``Except as provided by subsection (b), if''; On page 2, in line 7, by striking ``72'' and inserting ``96''; in line 11, by striking ``90'' and inserting ``60''; in line 13, by striking ``90'' and inserting ``60''; in line 14, by striking ``they'' and inserting ``the remains''; in line 16, by striking ``Notwithstanding any other provision of law, the'' and inserting ``The''; in line 21, by striking ``statute book'' and inserting ``Kansas register'' and the bill be passed as amended. Also SB 297 be not passed. COMMITTEE OF THE WHOLE On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for consideration of bills on the calendar under the heading of General Orders with Senator Hardenburger in the chair. On motion of Senator Hardenburger the following report was adopted: Recommended HB 2332 be amended by adoption of the committee amendments and be further amended by motion of Senator Ranson on page 2, in line 35, before ``discrimi'', by inserting ``unjustly''; On page 3, in line 35, by striking ``nondiscriminatory'' and inserting ``not unjustly discrim inatory''; in line 43, by striking ``nondiscrim-''; On page 4, in line 1, by striking ``inatory'' and inserting ``not unjustly discriminatory''; in line 7, by striking all after ``services''; by striking all of line 8; On page 5, in line 17, before ``order'', by inserting ``may'' The bill be amended by motion of Senator Clark on page 2, in line 32, by striking ``such'' and inserting ``the''; also in line 32, before the comma, by inserting ``of such gas gathering system''; in line 34, after ``services'' by inserting ``of such gas gathering system''; in line 36, after ``preferential'' by inserting ``and remedies provided by sections 3 through 9 have been exhausted''; in line 37, before ``As'' by inserting ``(a)''; by striking all of line 38; in line 39, by striking ``(b)'' and inserting ``(1)''; On page 3, by striking all of lines 6 and 7 and inserting: ``(2) Other terms have the meanings provided by K.S.A. 55-150, and amendments thereto. (b) The provisions of sections 3 through 9 shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated.''; Also on page 3, after line 32, by inserting: ``(d) Rates, schedules and data filed pursuant to this section shall not be subject to the provisions of K.S.A. 66-1220a and amendments thereto.''; On page 4, in line 6, after ``5'' by inserting ``that the commission finds has occurred''; On page 5, by striking all of lines 17 through 22 and inserting: ``(g) The commission shall investigate the fees, terms and practices of a person offering services described in subsection (b)(2) of section 3 if there is filed with the commission a petition requesting such investigation and signed by at least 10% of the total number of producers and retail purchasers using the person's services. If the commission determines that the person has violated section 5, the commission may order remediation of the violation or may require the person to comply with all requirements of sections 3 through 9 in the same manner as a person offering gas gathering services, or both.''; Also on page 5, in line 24, by striking ``market competition''; in line 25, by striking all before ``serv-'' and inserting ``access to gas gathering services or to improve market com petition or protect the public interest in such''; by striking all of lines 32 through 40 and inserting ``(a) Any utility may apply to the commission for a determination of whether the utility lacks sufficient services or facilities to serve the needs of any person wishing to utilize gas gathering and mainline transmission services or facilities within an area for which the utility holds a certificate of convenience and necessity. Upon a determination by the com mission that the utility lacks sufficient services or facilities to serve such person, the com April 2, 1997 571 mission shall authorize such person to utilize gas gathering and mainline transmission serv ices or facilities of another utility or entity. The commission shall adopt rules and regulations establishing procedures for making the determination required by this subsection. Such rules and regulations shall include a deadline for filing applications pursuant to this subsection in order that the commission can render its determination not later than November 1 of the year when the application is filed.'' Also, on page 6, in line 12, by striking ``or otherwise affect''; in line 13, by striking ``or rights''; in line 14, by striking all before the period, and the bill be passed as further amended. The following amendments offered to HB 2332 were rejected: Senator Ranson moved to amend the bill on page 2, by striking lines 30, 31, 32, 33, 34 and 35; in line 36, by striking all before the period. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 13, nays 27, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Bond, Corbin, Emert, Feleciano, Langworthy, Lawrence, Oleen, Ranson, Salisbury, Schraad, Steffes. Nays: Biggs, Bleeker, Brownlee, Clark, Donovan, Downey, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Lee, Morris, Petty, Praeger, Pugh, Salmans, Steineger, Tyson, Umbarger, Vidricksen. The motion failed and the amendment was rejected. Senator Ranson moved to amend the bill on page 3, by striking lines 8 through 32, inclusive The motion failed and the amendment was rejected. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, April 3, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+