J o u r n a l o f t h e S e n a t e FIFTY-SEVENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, April 3, 1997--9:00 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, When I'm about to lose a fight For something I believe is right, And the reasons I'm about to lose Are the tactics my opponents choose. It seems to me that they don't care That they choose to fight unfair. And I am tempted then to fight With methods I don't think are right. But, as I teeter on the brink I take some time so I can think; And it is then I realize What if I win, what is the prize? So, what if I become the winner, I'm no better than the sinner. What I'm saying now it seems: The end does justify the means. And though it's nice to win I thought That's not the way that I was taught. To get the win it's nice to try, But the price, O God, is far too high. In the Bible I have read Something, Lord, that You have said, ``What if to gain the world's your goal, And in the process lose your soul?'' I pray in the Name of Christ, AMEN REFERRAL OF APPOINTMENTS The following appointments made by the Governor and submitted to the senate for con firmation, were referred to Committees as indicated: State Board of Regents, Harry W. Craig, Jr., effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. (Education) April 3, 1997 573 State Board of Regents, Sidney T. Warner, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. (Education) COMMUNICATIONS FROM STATE OFFICERS KANSAS DEPARTMENT OF COMMERCE & HOUSING Business Development Division April 1, 1997 Lt. Governor/Secretary Gary Sherrer submitted the 1996 Annual Report to the Governor and the Legislature on the Kansas Enterprise Zone program as required by K.S.A. 7450,118(b). The President announced the above report is on file in the office of the Secretary of the Senate and is available for review at any time. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Steffes moved the Senate Concur in house amendments to SB 93. SB 93, An act concerning insurance; conversion of mutual insurer to stock insurer; amending K.S.A. 40-4001, 40-4002, 40-4004, 40-4005, 40-4006, 40-4007, 40-4008, 40-4009, 40-4010, 40-4011, 40-4012, 40-4013 and 40-4014 and repealing the existing sections; also repealing K.S.A. 40-4003, 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 188. SB 188, concerning registration of vehicles; providing for fees for satellite registration facilities; amending K.S.A. 1996 Supp. 8-145d and repealing the existing section, was con sidered on final action. On roll call, the vote was: Yeas 26, nays 14, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Schraad, Steffes, Vidricksen. Nays: Brownlee, Clark, Feleciano, Harrington, Hensley, Huelskamp, Lee, Petty, Pugh, Salisbury, Salmans, Steineger, Tyson, Umbarger. The Senate concurred. CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on Senate amendments to HB 2202, 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 line 12, preceding ``fire'' where it appears for the second time by inserting ``volunteer''; in line 22, preceding ``fire'' by inserting ``volunteer''; And your committee on conference recommends the adoption of this report. Ben Vidricksen Nick Jordan Mark Gilstrap Conferees on part of Senate Gary K. Hayzlett Andrew Howell Vernon Correll Conferees on part of House 574 JOURNAL OF THE SENATE Senator Vidricksen moved the Senate adopt the Conference Committee report on HB 2202. On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Emert, Jordan. The Conference Committee report was adopted. FINAL ACTION ON CONSENT CALENDAR HB 2298, 2498 having appeared on the Consent Calendar for the required two full legislative days without objection from any member, were considered on final action. HB 2298, An act concerning certified public accountants; licensure; fees; qualifications; penalties; amending K.S.A. 1-202, 1-302 and 1-304 and K.S.A. 1996 Supp. 1-301 and 1-310 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 2498, An act concerning the state of Kansas sports hall of fame; providing for sep aration from the state historical society; amending K.S.A. 74-2906a and K.S.A. 1996 Supp. 74-2912 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. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS SB 383, An act concerning salaries and compensation for certain state officers and em ployees; amending K.S.A. 1996 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and 75-3111a and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Becker. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: I ask my fellow members of this Elitist citizen legislature not to be hypocrites. I vote NO on SB 383. It is hypocritical to vote for the legislative pay increase included in this bill when just yesterday we had a number of Senators pontificate about the fact that we all knew what this job paid when we were elected, and we don't need any pay increase. And, in fact, only six members of this body thought an increase in our conpensation was justified. If it wasn't justified yesterday, why should it be justified today? I vote NO.--Rich Becker April 3, 1997 575 S. Sub. 2160, An act making and concerning appropriations for the fiscal years ending June 30, 1998, and June 30, 1999, and for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing; amending K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 34, nays 6, 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, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Ranson, Salisbury, Sal mans, Schraad, Steffes, Umbarger, Vidricksen. Nays: Hensley, Huelskamp, Petty, Pugh, Steineger, Tyson. The substitute bill passed, as amended. HB 2332, An act concerning oil and gas; relating to natural gas gathering systems; pro viding for regulation of certain entities; concerning certain natural gas public utilities and common carriers; amending K.S.A. 1996 Supp. 55-150 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 26, nays 14, present and passing 0; absent or not voting 0. Yeas: Biggs, Bleeker, Brownlee, Clark, Downey, Gilstrap, Gooch, Goodwin, Hardenbur ger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Salmans, Steineger, Tyson, Umbarger, Vidricksen. Nays: Barone, Becker, Bond, Corbin, Donovan, Emert, Feleciano, Karr, Langworthy, Lawrence, Ranson, Salisbury, Schraad, Steffes. The bill passed, as amended. EXPLANATION OF VOTE Mr. President--I vote ``no'' on HB 2332, because it prescribes unneeded and excessive regulations on the natural gas industry that sends a negative message to businesses currently in Kansas or those considering moving to Kansas. It will also require increased expenditures by the Kansas Corporation Commission and the hiring of additional legal staff and support personnel to enforce and monitor this law. The consumer of natural gas will ultimately pay the price for this unwise decision.--Pat Ranson Senators Barone and Feleciano request the record to show they concur with the ``Expla nation of Vote'' offered by Senator Ranson on HB 2332. ORIGINAL MOTION On motion of Senator Oleen, the Senate acceded to the request of the House for a conference on HB 2159. The President appointed Senators Oleen, Hardenburger and Jones as conferees on the part of the Senate. COMMITTEE OF THE WHOLE On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for consideration of bills on the calendar under the heading of General Orders with Senator Salisbury in the chair. On motion of Senator Salisbury the following report was adopted: Recommended S. Sub for HB 2166, as amended by adoption of the committee report recommending a substitute bill, be amended by motion of Senator Clark on page 25, fol lowing line 22, by inserting the following material to read as follows: ``(p) In addition to the other purposes for which expenditures may be made by the above agency from the parks fee fund for fiscal year 1997, expenditures may be made by the above agency from the following capital improvement account or accounts of the parks fee fund during fiscal year 1997 for the following capital improvement project or projects, subject to the expenditure limitations prescribed therefor: 576 JOURNAL OF THE SENATE Construct boat slips at Prairie Dog state park $50,000 Provided, That all expenditures from each such capital improvement account shall be in addition to any expenditure limitation imposed on the parks fee fund for fiscal year 1997.'' The bill also be amended by motion of Senator Kerr on page 22, in line 23, by striking all following ``(d)''; by striking all in lines 24 and 25; in line 26, by striking all preceding ``capital'', and inserting ``In addition to the other purposes for which expenditures may be made by the above agency from the boating fee fund for fiscal year 1998, expenditures may be made by the above agency from the following capital improvement account or accounts of the boating fee fund during fiscal year 1998 for the following''; following line 29, by inserting new material as follows: ``Provided, That all expenditures from each such capital improvement account shall be in addition to any expenditure limitation imposed on the boating fee fund for fiscal year 1998.'', and S. Sub HB 2166 be passed as amended. The following amendments offered to S. Sub HB 2166 were rejected: Senator Hensley moved to amend the bill on page 22, in line 23, by striking all following ``(d)''; by striking all in lines 24 and 25; in line 26, by striking all preceding ``capital'', and inserting ``In addition to the other purposes for which expenditures may be made by the above agency from the boating fee fund for fiscal year 1998, expenditures may be made by the above agency from the following capital improvement account or accounts of the boating fee fund during fiscal year 1998 for the following''; following line 29, by inserting new material as follows: ``Kansas river recreation $55,833 Provided, That all expenditures from each such capital improvement account shall be in addition to any expenditure limitation imposed on the boating fee fund for fiscal year 1998.'' The amendment was rejected. Senator Petty moved to amend the bill on page 25, after line 22, by inserting the following: ``Sec. 1. DEPARTMENT OF TRANSPORTATION (a) On July 1, 1997, the expenditure limitation established by section 105 of 1997 Senate Substitute for House Bill No. 2160 on the substantial maintenance account of the state highway fund is hereby decreased from No limit to $154,492,000. (b) On July 1, 1997, the expenditure limitation established by section 105 of 1997 Senate Substitute for House Bill No. 2160 on the other capital improvements account of the state highway fund is hereby decreased from No limit to $278,362,794.''; And by renumbering sections accordingly; On page 1, in the title, in line 23, by striking ``and'' where it first appears and inserting a comma; also in line 23, before the semicolon, by inserting ``and department of transporta tion''. The amendment was rejected. Senator Tyson moved to amend the bill on page 23, by striking line 31. The amendment was rejected. Senator Huelskamp moved to amend the bill on page 21, in line 37, by subtracting $300,000 from the dollar amount and by adjusting the dollar amount in line 37 accordingly. The amendment was rejected. Senator Oleen moved to amend the bill on page 5, following line 18, by inserting material to read as follows: ``EDIF First Capitol project $59,000''; Also on page 5, following line 24, by inserting material to read as follows: ``(d) On July 15, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $59,000 from the Kansas economic development endow ment account of the state economic development initiatives fund of the department of commerce and housing to the EDIF First Capitol project fund of the state historical soci ety.'' The amendment was rejected. April 3, 1997 577 Senator Hensley moved to amend the bill on page 24, following line 7, by inserting the following material to read as follows: ``(j) In addition to the other purposes for which expenditures may be made by the above agency from the water plan special revenue fund for fiscal year 1998, expenditures may be made by the above agency from the following capital improvement account or accounts of the water plan special revenue fund during fiscal year 1998 for the following capital im provement project or projects, subject to the expenditure limitations prescribed therefor: Water plan special revenue fund Kansas River recreation $55,833 Provided, That all expenditures from each such capital improvement account shall be in addition to any expenditure limitation imposed on the water plan special revenue fund.''; And by relettering subsections accordingly. The amendment was rejected. Senator Hensley offered another amendment to the bill, that was withdrawn. HB 2105 be amended by adoption of the committee amendments, and be further amended by motion of Senator Kerr on page 61, in line 2, by striking ``annual'' and inserting ``biennial''; in line 6, by striking ``annual'' and inserting ``biennial''; On page 76, after line 24, by inserting the following: ``New Sec. 49. (a) Notwithstanding any other provisions of law to the contrary and except as otherwise provided by subsection (b), the valuation established for property for utilization as the basis for ad valorem taxation shall be established in the first year of a biennium the first of which shall commence with 1997, and shall be utilized for ad valorem taxation purposes for each year during the applicable biennium. (b) (1) For any improvement to existing property or any other property for which a valuation has not been established for utilization as the basis for ad valorem taxation as of the first year of a biennium, there shall be established a valuation or increased valuation for such property, which shall be utilized for ad valorem taxation purposes for the year of valuation and the remaining portion of the applicable biennium. (2) In the event a valuation of property is reduced pursuant to law during a biennium, such reduced valuation shall be utilized for ad valorem taxation purposes for the year in which such valuation is reduced and the remaining portion of the applicable biennium. (c) The provisions of this section shall not be construed to conflict with any other pro vision of law relating to the appraisal of property for taxation purposes or the appeals proc esses associated therewith. (d) The provisions of this section shall not apply to property classified and valued pur suant to subclass (5) of class 2 of section 1 of article 11 of the Kansas constitution. (e) The provisions of this section shall be applicable to all taxable years commencing after December 31, 1996. New Sec. 50. (a) Notwithstanding any other provision of law to the contrary and ex cept as otherwise provided by subsection (c), the unit valuation, state allocation and assess ment distribution factor establishing the basis for distributing the assessed valuation of utility property in accordance with K.S.A. 79-5a25 and K.S.A. 79-5a26 for ad valorem taxation in the first year of a biennium, shall be utilized to calculate the distributed assessed value for each year during the applicable biennium. (b) In the year following the first year of a biennium for the purposes of establishing valuation procedures: (1) A merger shall mean the combining of two or more entities under a new name; (2) acquisition of a company shall mean te substantial absorption of a company by the acquiring company under the acquiring company's name; (3) acquisition of assets shall mean the lease, purchase, repair, modification or construction of new or existing assets. (c) If a merger occurs within the first year of the biennium, a new valuation, state allocation and assessment distribution factor shall be established on January 1 of the year following the first year of a biennium. Property acquired through acquisition shall be as sessed using the assessment distribution factor of the acquiring company. Property acquired through acquisition by lease, purchase, construction, repair or modification of new or exist ing assets shall be assessed using the assessment distribution factor of the acquiring com pany. 578 JOURNAL OF THE SENATE (d) Property, as of January 1 of each year, which is not part of the operating property of the utility shall not be assessed under article 5a of chapter 79 of the Kansas Statutes Annotated. (e) The provisions of this section shall be applicable to all taxable years commencing after December 31, 1996. Sec. 51. K.S.A. 1996 Supp. 79-1486 is hereby amended to read as follows: 79-1486. As used in this act: (a) ``Sale'' or ``sales'' shall include all transfers of real estate for which a real estate sales validation questionnaire is required by K.S.A. 1996 Supp. 79-1437c, and amendments thereto; however, all sales for which a real estate sales validation questionnaire is required by K.S.A. 1996 Supp. 79-1437c, and amendments thereto, need not be included in the final ratios determined; (b) ``valid sale'' is a sale that is an indicator of fair market value as defined in K.S.A. 79503a, and amendments thereto; (c) ``invalid sale'' is a sale that is not an indicator of fair market value as defined in K.S.A. 79-503a, and amendments thereto; (d) ``unvalidated sale'' is a residential subclass sale that was not selected through a ran dom sampling process and has not been determined to be either a valid sale or an invalid sale; (e) ``real estate'' shall include land, improvements and structures which are appraised as real property; (f) ``director'' shall mean the director of property valuation; (g) ``classification'' shall mean those classifications which apply to real property con tained in K.S.A. 79-1439, and amendments thereto, or any stratification which may be prescribed by the director; (h) ``average'' shall mean that measure or measures of central tendency which the di rector shall determine best describes a group of individual ratios; (i) ``ratio'' shall mean the numerical relationship between the appraised or assessed value and the selling price; and (j) ``study year'' shall mean that twelve-month period beginning annually on January 1 of the second year of a biennium. Sec. 52. K.S.A. 1996 Supp. 79-1489 is hereby amended to read as follows: 79-1489. The director shall determine the
mid-yearmid-biennium ratios for each county and notify the board of county commissioners thereof. When the final ratios are determined, the di rector shall notify the board of county commissioners of each county of the ratios determined for such county. If the board of county commissioners disagrees with the ratios determined for the county, such board, within 15 days after receipt of such notice, may appeal such determination to the state board of tax appeals. Written notice of appeal shall be served on the state board of tax appeals and the director by certified mail. The notice of appeal shall clearly and specifically state the facts upon which the appeal is based. The state board of tax appeals shall conduct a summary proceeding in accordance with the provisions of the Kansas administrative procedure act within 30 days of receipt of the written notice of appeal and shall issue findings and a final order within 30 days after the conclusion of such summary proceeding. If the state board of tax appeals finds that corrections in the ratios are necessary, it shall order the director to make necessary corrections consistent with such findings prior to the publication of the study.''; Also, on page 79, in line 29, before ``79-'' by inserting ``79-1486, 79-1489,''; By renumbering existing sections accordingly; In the title, in line 19, after the last comma, by inserting ``79-1486, 79-1489,''. The bill be further amended by motion of Senator Corbin as amended by Senate Com mittee, and as further amended on motion of Senator Kerr, by striking all after line 2 of page 3 of the Kerr amendment; By striking all on page 4 of the Kerr amendment and inserting the following: ``Sec. 51. K.S.A. 1996 Supp. 79-1485 is hereby amended to read as follows: 79-1485. (a) This act shall be known and may be cited as the Kansas real estate ratio study act. (b) The purpose of this act is to provide statistical information regarding the relationship of the appraised value to the selling price of real estate which has sold during the studyyear April 3, 1997 579period and the relative level of uniformity of appraisal within and among counties and to report such information in convenient form to the legislature and other interested parties. The statistical information determined pursuant to this act may be used by the director in carrying out such director's duties, including, but not limited to, assisting such director in the determination of substantial compliance under K.S.A. 79-1445, and amendments thereto. Sec. 52. K.S.A. 1996 Supp. 79-1486 is hereby amended to read as follows: 79-1486. As used in this act: (a) ``Sale'' or ``sales'' shall include all transfers of real estate for which a real estate sales validation questionnaire is required by K.S.A. 1996 Supp. 79-1437c, and amendments thereto; however, all sales for which a real estate sales validation questionnaire is required by K.S.A. 1996 Supp. 79-1437c, and amendments thereto, need not be included in the final ratios determined; (b) ``valid sale'' is a sale that is an indicator of fair market value as defined in K.S.A. 79503a, and amendments thereto; (c) ``invalid sale'' is a sale that is not an indicator of fair market value as defined in K.S.A. 79-503a, and amendments thereto; (d) ``unvalidated sale'' is a residential subclass sale that was not selected through a ran dom sampling process and has not been determined to be either a valid sale or an invalid sale; (e) ``real estate'' shall include land, improvements and structures which are appraised as real property; (f) ``director'' shall mean the director of property valuation; (g) ``classification'' shall mean those classifications which apply to real property con tained in K.S.A. 79-1439, and amendments thereto, or any stratification which may be prescribed by the director; (h) ``average'' shall mean that measure or measures of central tendency which the di rector shall determine best describes a group of individual ratios; (i) ``ratio'' shall mean the numerical relationship between the appraised or assessed value and the selling price; and (j) ``studyyearperiod'' shall mean thattwelve-monthtwenty-four month period begin ningannuallybiennially on January 1. The first twenty-four month study period shall begin January 1, 1997, and end December 31, 1998; (k) ``appraisal date'' shall mean January 1 of the study period, beginning with January 1, 1997; (l) ``time trending'' shall mean the adjustment made to account for market level differ ences that occur between the date of sale and the appraisal date. Sec. 53. K.S.A. 1996 Supp. 79-1488 is hereby amended to read as follows: 79-1488. It shall be the duty of the director to obtain all information relating to each sale of real estate as the director shall deem necessary to carry out the intent and purposes of this act. The director shall prescribe the form in which the data is obtained. The director shall assign agents who shall verify and categorize each sale as valid, invalid or unvalidated. The director shall determine the median ratio in relation to the county's certified value, the price related differential, and the coefficient of dispersion for each classification of property in each county. The director may use or require the use of time trending to determine reliable ratios for any classification of property in any county. If, in the director's opinion, sales from the studyyearperiod are insufficient to determine reliable ratios for any classification of prop erty in any county, sales from the four-year period preceding the studyyearperiod may be used to supplement studyyearperiod sales or the director may obtain or conduct appraisals for the purpose of supplementing, verifying or correcting ratios for the studyyearperiod. The director may select random samples of residential subclass sales from counties having a total parcel count in excess of15,00010,000 to determine reliable residential subclass ratios for any such county. The random sample shall be selected prior to any validation process. Data from deeds, other instruments of conveyance and real estate sales validation questionnaires recorded or filed with the register of deeds on or after the first day of Feb ruary following the studyyearperiod shall not be used in determining the ratios for any county. 580 JOURNAL OF THE SENATE Sec. 54. K.S.A. 1996 Supp. 79-1489 is hereby amended to read as follows: 79-1489. The director shall determine themid-yearratios at the end of each six-month period for each county and notify the board of county commissioners thereof. When thefinalsixmonth period ratios are determined, the director shall notify the board of county commis sioners of each county of the ratios determined for such county. If the board of county commissioners disagrees with the six-month period ratios determined for the county, such board, within 15 days after receipt of such notice, may request in writing that the director reconsider the six-month period ratios determined for such county, which shall not require an adjudicative proceeding under the Kansas administrative procedure act. If the board of county commissioners disagrees with theratios determined for the countydirector's recon sideration decision, such board, within 15 days after receipt of suchnoticedecision, may appeal suchdeterminationdecision to the state board of tax appeals. Written notice of appeal shall be served on the state board of tax appeals and the director by certified mail. The notice of appeal shall clearly and specifically state the facts upon which the appeal is based. The state board of tax appeals shall conduct a summary proceeding in accordance with the provisions of the Kansas administrative procedure act within 30 days of receipt of the written notice of appeal of the director's reconsideration decision regarding the six-month ratios and shall issue findings and a final order within 30 days after the conclusion of such summary proceeding. If the state board of tax appeals finds that corrections in the ratios are necessary, it shall order the director to make necessary corrections consistent with such findingsprior to the publication of the study. If a final decision has not been rendered prior to publication of the six-month period ratios, the appeal status shall be noted with the county ratio statistics. Sec. 55. K.S.A. 1996 Supp. 79-1490 is hereby amended to read as follows: 79-1490. The director shall publish the final cumulative ratio study for the study period after the procedures prescribed in K.S.A. 1996 Supp. 79-1489, and amendments thereto, have been concluded for the last six months of the study period. If it is determined that the final cumulative ratio study cannot be published by April 1 of the year immediately following the last six months of the study period, the director shall provide a preliminary ratio study to the governor, the speaker of the house and the president of the senate and their respective tax committees on or before March 15 of the year immediately following the last six months of the study period. Sec. 56. K.S.A. 1996 Supp. 79-1492 is hereby amended to read as follows: 79-1492. The provisions of K.S.A. 1996 Supp. 79-1437e, 79-1485, 79-1486, 79-1488 and 79-1489, and amendments thereto, shall apply to all taxable years commencing after December 31,19931996.''; Also, on page 76, in line 29, before ``79-'' by inserting ``79-1485, 79-1486, 79-1488, 791489, 79-1490, 79-1492,''; By renumbering existing sections accordingly; In the title, in line 19, after the last comma, by inserting ``79-1485, 79-1486, 79-1488, 791489, 79-1490, 79-1492,''. The bill be further amended by motion of Senator Langworthy on page 76, after line 24, by inserting the following: ``Sec. 49. On and after October 16, 1997, K.S.A. 79-3635 is hereby amended to read as follows: 79-3635. (a) A claimant shall be entitled to a refund of retailers' sales taxes paid upon food during the calendar year19861997 and each year thereafter in the amount hereinafter provided. For households having a household income of less than $5,000, a refund in the amount of $40 shall be allowed for the head of household and a refund of $30 shall be allowed for each additional member of the household. For households having a household income of at least $5,000 but less than $10,000, a refund in the amount of $30 shall be allowed for the head of household and a refund of $25 shall be allowed for each additional member of the household. For households having a household income of at least $10,000 but not more than $13,000, a refund in the amount of $20 shall be allowed for the head of household and a refund of $15 shall be allowed for each additional member of the household. All such claims shall be paid from the sales tax refund fund upon warrants of the director of accounts and reports pursuant to vouchers approved by the director of taxation or by a person or persons designated by the director. April 3, 1997 581 (b) A head of household shall make application for refunds for all members of the same household upon a common form provided for the making of joint claims. All claims paid to members of the same household shall be paid as a joint claim by means of a single warrant. (c) No claim for a refund of taxes under the provisions of K.S.A.79-3620 and79-3632to 79-3639et seq. shall be paid or allowed unless such claim is actually filed with and in the possession of the department of revenue on or beforeOctoberApril 15 of the year next succeeding the year in whichsaidsuch taxes were paid. The director of taxation may: (1) Extend the time for filing any claim under the provisions of this act when good cause exists therefor; or (2) accept a claim filed after the deadline for filing in the case of sickness, absence or disability of the claimant ifsaidsuch claim has been filed within four(4)years ofsaidsuch deadline. Sec. 50. On and after October 16, 1997, K.S.A. 79-3635 is hereby repealed.''; By renumbering existing sections accordingly; In the title, in line 17, by striking the first ``and'' and inserting a comma; also, in line 17, after ``79-32,111'' by inserting ``and 79-3635'', and the bill be passed as further amended. The following amendment offered to HB 2105 was rejected: Senator Clark moved to amend the bill on page 17, by striking all in lines 23 through 37; after line 37, by inserting the following: ``(a) A vendor shall be presumed to have accepted an exemption certificate or affidavit in good faith. Such presumption shall not be overcome if the vendor: (1) Maintains an exemption certificate or affidavit, as the case requires; (2) has ascertained the identity of the person or entity who presented the exemption certificate or affidavit; and (3) has not been shown by a preponderance of the evidence to have accepted the exemption certificate or affidavit with the intent to allow an unlawful evasion of the payment of tax by any person.''; By relettering existing subsections accordingly. The amendment was rejected. MESSAGE FROM THE HOUSE Announcing passage of SB 237. Also, announcing adoption of HCR 5025. Also, passage of SB 11, as amended, 18, as amended, 36, as amended by House Sub stitute for SB 36; SB 116, as amended, 152, as amended, 227, as amended; Substitute SB 317, as amended. The House nonconcurs in Senate amendments to Senate Substitute for HB 2272, requests a conference and has appointed Reps. Phil Kline, Farmer and Helgerson as con ferees on the part of the House. The House nonconcurs in Senate amendments to HB 2350, requests a conference and has appointed Reps. Allen, Palmer and Wempe as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2490, requests a conference and has appointed Reps. Glasscock, Powers and Welshimer as conferees on the part of the House. The House adopts the conference committee report on HB 2045. The House accedes to the request of the Senate for a conference on HB 2071 and has appointed Reps. Bradley, Wilson and Kirk as second conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 7 and has appointed Reps. Phill Kline, Powell and Larkin as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 68 and has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 87 and has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 106 and has appointed Reps. Carmody, Presta and Pauls as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 146 and has appointed Reps. Flower, Ballou and Weiland as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 214 and has appointed Reps. Carmody, Presta and Klein as conferees on the part of the House. 582 JOURNAL OF THE SENATE The House accedes to the request of the Senate for a conference on SB 262 and has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. The House accedes to the request of the Senate for a conference on House Substitute for SB 264 and has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. Announcing passage of SB 22, as amended, 51, as amended, 53, as amended, 162, as amended, 184, as amended. Also, adoption of HCR 5004. The House nonconcurs in Senate amendments to Senate Substitute for HB 2160, requests a conference and has appointed Reps. Phil Kline, Farmer and Helgerson as con ferees on the part of the House. The House nonconcurs in Senate amendments to HB 2332, requests a conference and has appointed Reps. Myers, Aurand and McKinney as conferees on the part of the House. The House adopts the conference committee report on HB 2202. The House concurs in Senate amendments to HB 2223 and requests the Senate to return the bill. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HCR 5004, 5025 was thereupon introduced and read by title. On motion of Senator Emert, the Senate recessed until 4:00 p.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. COMMUNICATIONS FROM STATE OFFICERS OFFICE OF THE ATTORNEY GENERAL April 3, 1997 Carla J. Stovall, Attorney General, requested the withdrawal of Earline Wesley, from consideration by the Senate for the appointment to the Crime Victims Compensation Board. OFFICE OF THE ATTORNEY GENERAL April 3, 1997 Carla J. Stovall, Attorney General, submitted for confirmation by the Senate the appoint ment of Carrie Jones to the Crime Victims Compensation Board, pursuant to K.S.A. 747303, such term to expire March 15, 2001. The President announced the above letters are on file in the office of the Secretary of the Senate and available for review at any time. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Kerr the Senate nonconcurred in the House amendments to SB 11 and requested a conference committee be appointed. The President appointed Senators Kerr, Salisbury, and Petty as a conference committee on the part of the Senate. On motion of Senator Langworthy the Senate nonconcurred in the House amendments to SB 22 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 Langworthy the Senate nonconcurred in the House amendments to SB 51 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 Langworthy the Senate nonconcurred in the House amendments to SB 53 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. April 3, 1997 583 On motion of Senator Langworthy the Senate nonconcurred in the House amendments to SB 162 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 Langworthy the Senate nonconcurred in the House amendments to SB 184 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 Salisbury the Senate nonconcurred in the House amendments to SB 227 and requested a conference committee be appointed. The President appointed Senators Salisbury, Ranson, and Barone as a conference com mittee on the part of the Senate. On motion of Senator Morris the Senate nonconcurred in the House amendments to Sub. SB 317 and requested a conference committee be appointed. The President appointed Senators Morris, Umbarger, and Karr as a conference committee on the part of the Senate. ORIGINAL MOTION On motion of Senator Kerr, the Senate acceded to the request of the House for a con ference on S. Sub. for HB 2160. The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate. On motion of Senator Kerr, the Senate acceded to the request of the House for a con ference on S. Sub. for HB 2272. The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate. On motion of Senator Ranson, the Senate acceded to the request of the House for a conference on HB 2332. The President appointed Senators Ranson, Morris and Barone as conferees on the part of the Senate. On motion of Senator Vidricksen, the Senate acceded to the request of the House for a conference on HB 2350. The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate. On motion of Senator Oleen, the Senate acceded to the request of the House for a conference on HB 2490. The President appointed Senators Oleen, Schraad and Jones as conferees on the part of the Senate. CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on Senate amendments to HB 2226, 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 amendments, as follows: On page 8, in line 22, by striking ``storage, treatment or''; On page 12, after line 18, by 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 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 584 JOURNAL OF THE SENATE 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.``; On page 21, after line 31, by inserting: ``Sec. 13. K.S.A. 12-2123 is hereby amended to read as follows: 12-2123. (a) Whenever the governing body of any city finds and determines by resolution that it is necessary to acquire a site or sites for the disposal of refuse or solid waste as defined by K.S.A. 65-3402(a)and amendments thereto within or without the city,itthe city may acquire such site or sites by gift, purchase or condemnation and may construct necessary facilities thereon and pur chase necessary equipment for the disposal of such refuse or solid waste. In the event the governing body of such city finds that it is necessary to acquire such site or sites by con demnation, the governing body of the city shall proceed under the provisions of K.S.A. 26501 to 26-516 inclusive, and amendments thereto. Whenever any such city shall so condemn such a site or sites, said city shall acquire a fee simple title thereto. In order to pay for such site or sites and the construction of all such necessary facilities and equipment to be used in the disposal of refuse or solid waste, the governing body of such city is authorized to issue general bonds of the city in the manner provided by law for the issuance of general im provements bonds of the city. (b) Any site or sites acquired pursuant to this section, and any facilities or equipment thereon, shall be subject to all permit and other requirements of the solid waste management laws of this state. Sec. 14. K.S.A. 19-2658 is hereby amended to read as follows: 19-2658. (a) The board of county commissioners of any county is hereby authorized to acquire by lease, condem nation or purchase, lands to be used as a site for the disposal of refuse. ``Refuse'' for the purposes of this act shall include garbage, trash and solid waste. Upon the acquisition of any such site, the board may build or construct any necessary buildings, incinerators or other structures or improvements thereon and may acquire or make use of any equipment pres ently owned by the county necessary for the proper, effective and sanitary disposal of refuse. If the board of county commissioners shall deem it to be in the best interests of the county, such board may in lieu of acquiring a site as hereinbefore authorized, contract with any city or cities located within such county and having a refuse disposal site, for the use of such disposal site upon such terms and conditions as may be agreed upon by the board of county commissioners and the governing body of the city and may acquire equipment or make use of any equipment presently owned by the county pursuant thereto. (b) Any site acquired pursuant to this section, and any structures, improvements or equipment thereon, shall be subject to all permit and other requirements of the solid waste management laws of this state.''; Also on page 21, by renumbering the remaining sections accordingly; in line 32, after ``K.S.A.'' by inserting ``12-2123, 19-2658,''; In the title, in line 12, after ``K.S.A.'' by inserting ``12-2123, 19-2658,''; And your committee on conference recommends the adoption of this report. David R. Corbin Stephen R. Morris Donald E. Biggs Conferees on part of Senate Steve Lloyd Joann L. Freeborn Laura McClure Conferees on part of House Senator Corbin moved the Senate not adopt the Conference Committee Report on HB 2226, and request a new conference committee be appointed. The motion carried and the President appointed Senators Corbin, Morris and Biggs as second conferees on the part of the senate. CONFERENCE COMMITTEE REPORT Mr. President: Your committee on conference on Senate amendments to Substitute for HB 2368, submits the following report: April 3, 1997 585 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 1, in line 39, before ``surface'' by inserting ``1994''; On page 2, in line 5, before ``Surface'' by inserting ``1994''; by striking all of lines 38 through 43; By striking all of page 3 and inserting: ``Sec. 2. On and after the effective date of this act and before July 1, 1999: (a) The department shall use a mixing zone of 50% of the average cross-sectional area of the stream based on either a low flow provision of one cubic foot per second or the 7Q10 flow, whichever is the greater existing condition in the receiving stream, in determining NPDES permit limits for total ammonia and chlorides under subsections (b) and (d) for permits issued by the department. (b) Unless an applicant for a new or renewal NPDES permit agrees to meet all 1994 surface water quality standards, notwithstanding the provisions of subsection (a), the de partment shall not require the applicant to comply with the numeric aquatic life criteria for total ammonia and chlorides that are contained in the 1994 surface water quality standards and shall instead require an applicant to comply with the applicant's existing permit require ments, including mixing zone provisions applicable to the permit, for numeric criteria for total ammonia and chlorides or with the criteria for total ammonia and chlorides that took effect May 1, 1987, whichever is more protective. Nothing herein shall be construed to require compliance with mixing zone provisions and numeric aquatic life criteria for total ammonia and chlorides that are more restrictive than the 1994 surface water quality stan dards. (c) The department shall not use the numeric chronic aquatic life criteria for atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e and shall rely instead on the greater of either a standard of 3 parts per billion for atrazine or any revised numeric chronic aquatic life criteria for atrazine adopted by the department after consideration of any new criteria recommended by the United States environmental protection agency after the ef fective date of this act. Conformance with the atrazine standard shall be determined by application of the methodology used in the 1996 Kansas water quality assessment report (305(b) report) published by the department. (d) Permits issued for expansion, upgrade or new construction of wastewater treatment facilities and modifications and renewals of existing permits shall include the following state ment of conditions, which shall be legally binding and enforceable upon the permittee: ``The permittee who does not agree to meet effluent limitations as necessary to attain the aquatic life criteria for ammonia and chlorides within the 1994 surface water quality stan dards incurs and acknowledges the legal duty and obligation to bring the facilities and operations authorized by this permit into compliance with the permit effluent limitations based on the 1994 surface water quality standards within 24 months after July 1, 1999, unless before July 1, 1999, revised numeric criteria for ammonia and chlorides are adopted pursuant to subsection (g) of section 3, in which case the permittee incurs and acknowledges the legal duty and obligation to bring such facilities and operations into compliance with the permit effluent limitations based on the revised criteria within 24 months following the date of adoption of the rules and regulations containing the revised criteria.'' (e) The department shall develop a plan and permit conditions that will assist entities that, on the effective date of this act, hold a permit or are applicants for a permit in meeting the requirements of this section relating to total ammonia and chlorides.``; On page 4, in line 5, before ``surface'' by inserting ``1994''; in line 11, before ``surface'' by inserting ``1994''; in line 29, before ``surface'' by inserting ``1994''; in line 36, before ``surface'' by inserting ``1994''; in line 39, before ``surface'' by inserting ``1994''; On page 5, in line 1, before ``surface'' by inserting ``1994''; in line 5, before ``surface'' by inserting ``1994''; in line 11, before ``surface'' by inserting ``1994''; in line 13, before ``surface'' by inserting ``1994''; On page 6, in line 16, before ``surface'' by inserting ``1994''; 586 JOURNAL OF THE SENATE And your committee on conference recommends the adoption of this report. David R. Corbin Stephen R. Morris Donald E. Biggs Conferees on part of Senate Steve Lloyd Tom Sloan Laura McClure Conferees on part of House Senator Corbin moved the Senate adopt the Conference Committee report on Sub. HB 2368. 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 Conference Committee report was adopted. CHANGE OF CONFERENCE The President announced the appointment of Senator Hardenburger as a member of the Conference Committee on HB 2185 to replace Senator Salmans. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Vidricksen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1844-- A RESOLUTION congratulating and commending The Salvation Army for 100 years of service to the Salina community. WHEREAS, The Salvation Army, which was founded in 1865 as an international religious and charitable organization, came to the United States in 1880 and commenced service in Salina in February of 1897; and WHEREAS, The Salvation Army has a diversified program of religious and social welfare services designed to meet the needs of people of all ages; and WHEREAS, The Salvation Army has operated from several locations in Salina through the years but is presently located at 1137 N. Santa Fe under the direction of Lieutenants Paul and Susan Woodall; and WHEREAS, In addition to providing a religious program, The Salvation Army in Salina provides family welfare services, transient aid, recreational programs in its community cen ter, disaster relief and character building programs: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend The Salvation Army for 100 years of service to the Salina community; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to General Paul A. Rader, Commander Harold D. Henson, Lt. Col. Theodore Dalberg and Lieutenants Paul and Susan Woodall, all in care of Lieu tenant Paul Woodall at 1137 North Santa Fe, Salina, KS 67402-1945 and to the Salina City Commission and the Saline County Commission, both at 300 West Ash, Salina, KS 67401. On emergency motion of Senator Vidricksen SR 1844 was adopted unanimously. Senator Vidricksen introduced Lt. Paul Woodall, Lt. Susan Woodall, Major Richard Just vig, Major Mary Justvig, Dale Martinit, Ella Calhoun, Leroy Davis and Garald Craig. REPORT ON ENGROSSED BILLS SB 154, 383 reported correctly engrossed April 3, 1997. Also, SB 93, 188 correctly re-engrossed April 3, 1997. April 3, 1997 587 FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and HB 2105; S. Sub. for HB 2166 were advanced to Final Action and roll call. HB 2105, An act relating to taxation; enacting the Kansas tax equity and fairness act of 1997; amending K.S.A. 12-1678a, 19-430, 75-5105a, 77-548, 79-1701a, 79-1702, 79-2002, 79-2969, 79-3230, 79-3268, 79-32,111 and 79-3635 and K.S.A. 1996 Supp. 45-221, 74-2438, 75-5133, 77-549, 77-550, 79-201a, 79-213, 79-412, 79-503a, 79-1439, 79-1448, 79-1460, 791476, 79-1485, 79-1486, 79-1488, 79-1489, 79-1490, 79-1492, 79-1575, 79-2001, 79-2004, 79-2004a, 79-2005, 79-2968, 79-3226, 79-3234, 79-32,105, 79-32,107, 79-3420, 79-3606, 793609, 79-3610, 79-3614, 79-3615, 79-4226 and 79-5109] and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Lee. The bill passed, as amended. S. Sub. for HB 2166, An act making and concerning appropriations for the fiscal years ending June 30, 1997, June 30, 1998, and June 30, 1999, and authorizing certain financing, for certain capital improvement projects for the state fair board, department of social and rehabilitation services, Kansas state school for the blind, Kansas state school for the deaf, department of corrections, state historical society, insurance department, department of administration, department of commerce and housing, Fort Hays state university, Kansas state university, Kansas state university--extension systems and agriculture research pro grams, Emporia state university, Pittsburg state university, university of Kansas, university of Kansas medical center, Wichita state university, department of human resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of investigation, Kansas highway patrol, adjutant general and department of wildlife and parks; authorizing the ini tiation and completion of certain capital improvement projects; and directing or authorizing certain disbursements and acts incidental to the foregoing, was considered on final action. On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Hensley, Huelskamp, Lee, Petty, Tyson. The substitute bill passed, as amended. ORIGINAL MOTION On emergency motion of Senator Emert HCR 5025, A Concurrent Resolution relating to the adjournment of the senate and house of representatives for a period during the 1997 regular session of the legislature, was adopted by voice vote. On motion of Senator Emert the Senate adjourned until 9:00 a.m. Friday, April 4, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+