J o u r n a l o f t h e S e n a t e FIFTY-EIGHTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, April 4, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-nine senators present. Senator Morris was excused. President Bond introduced as guest of Senator Jones, Rev. Robert L. Baynham, Pastor, Metropolitan Baptist Church, Kansas City, Kansas, who delivered the invocation. GUESTS OF THE SENATE President Bond introduced former Senator and Mrs. Merrill Werts and son Kelly. Kelly Werts, an accomplished musician and historian who tours in Kansas, is known nationally for his book and recording of Home On the Range--The Kansas Pioneers and Their Music. ``Home On the Range'' was designated as the state song in a bill that was signed by Governor Frank Carlson on April 8, 1947. Kelly performed for the Senate, singing and providing them with the song's background and some historical information. PRESENTATION OF PETITIONS The following petitions were presented, read and filed: SP 63, by Senator David Kerr: a petition protesting the idea of the citizens of Kansas being forced into a partnership in the casino business with the parimutuel racetracks, signed by David R. Landis and 73 others in the Nickerson, Kansas area. SP 64, by Senator Robert Tyson: a petition opposing House Bill 2174 concerning casino gambling, signed by Raymond E. Brunet and 84 others from the Miami and Franklin County areas. SP 65, by Senator Greta H. Goodwin: a petition opposing House Bill 2174 Kansas Lottery authorized to operate certain games at racetracks, signed by Dorothy Carpenter and 12 others from the Winfield, Kansas area. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following concurrent resolution was introduced and read by title: SENATE CONCURRENT RESOLUTION No. 1613-- By Committee on Public Health and Welfare A CONCURRENT RESOLUTION establishing a task force on long-term care services to study services provided by the public and private sector to citizens of the state and laws and rules and regulations relating to such services. WHEREAS, The legislature is vitally interested in the welfare of the citizens of this state who are consumers of long-term care services; and WHEREAS, Services provided for citizens who are consumers of long-term care by state agencies and private vendors should be provided efficiently, economically and sensitively in a supportive state regulatory environment; and WHEREAS, Over the past several legislative sessions major statutory changes have been enacted relating to adult care homes and the responsibility for the administration of longterm care programs: Now, therefore, April 4, 1997 589 Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That a task force on long-term care services be established to study the imple mentation and operation of recent statutory changes relating to adult care homes, the longterm care ombudsman program, state and federal laws and rules and regulations which impact on the services provided by government and the private sector to citizens who are consumers of long-term care and such other matters relating thereto as the task force deems appropriate; and Be it further resolved: That the task force shall consist of 16 members appointed as follows: (a) Eight members appointed by the legislative coordinating council, four of whom shall be consumers of long-term care services and four of whom shall be providers of longterm care services; (b) two members appointed by the president of the senate, one of whom shall be a member of the senate committee on public health and welfare and one of whom shall be a member of the senate committee on financial institutions and insurance; (c) two members appointed by the minority leader of the senate, one of whom shall be a member of the senate committee on public health and welfare and one of whom shall be a member of the senate committee on financial institutions and insurance; (d) two members appointed by the speaker of the house of representatives, one of whom shall be a member of the house committee on health and human services and one whom shall be a member of the house committee on insurance; and (e) two members appointed by the minority leader of the house of representatives, one of whom shall be a member of the house committee on health and human services and one of whom shall be a member of the house committee on insur ance; and Be it further resolved: Of the eight members appointed by the legislative coordinating council, no more than two members shall reside in any one congressional district; and Be it further resolved: That the legislative coordinating council shall appoint the chair person and vice-chairperson from among the membership of the task force and that staffing shall be available from the legislative research department and the revisor of statutes office if authorized by the legislative coordinating council; and Be it further resolved: That the members of the task force shall receive reimbursement for attending meetings of the task force as authorized by the Legislative Coordinating Coun cil consistent with the provisions of K.S.A. 46-1209 and amendments thereto; and Be it further resolved: That the task force prepare and submit a report and recommen dations to the governor and to the legislature on or before January 12, 1998. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following resolution was referred to Committee as indicated: Assessment and Taxation: HCR 5004. REFERRAL OF APPOINTMENTS The following appointment made by the Attorney General and submitted to the senate for confirmation, was referred to Committee as indicated: Crime Victims Compensation Board, Carrie Jones to serve at the pleasure of the Attorney General, a term to expire March 15, 2001. (Judiciary) CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Salisbury moved the Senate Concur in house amendments to SB 152. SB 152, An act concerning the high performance incentive program; amending K.S.A. 1996 Supp. 74-50,131 and 74-50,134 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 36, nays 3, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Huelskamp, Karr, Lee. Absent or not voting: Morris. 590 JOURNAL OF THE SENATE The Senate concurred. On motion of Senator Hardenburger the Senate nonconcurred in the House amendments to SB 18 and requested a conference committee be appointed. The President appointed Senators Hardenburger, Bond and Hensley as a conference committee on the part of the Senate. On motion of Senator Hardenburger the Senate nonconcurred in the House amendments to SB 116 and requested a conference committee be appointed. The President appointed Senators Hardenburger, Huelskamp and Gooch as a conference committee on the part of the Senate. CONFIRMATION OF APPOINTMENTS In accordance with Senate Rule 56, the following appointments, submitted by the Gov ernor to the senate for confirmation, were considered. Senator Emert moved the following appointments be confirmed as recommended by the Standing Senate Committees: On appointment to the: Kansas Development Finance Authority: Robert I. Guenthner, term expires January 15, 1999 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The appointment was confirmed. On appointment to the: Public Employee Relations Board: Gregory M. Windholz, term expires March 15, 2001 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The appointment was confirmed. On appointment to the: State Banking Board: Kathleen Steward, term expires March 15, 2000 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The appointment was confirmed. On appointment to the: State Banking Board: Ben Zimmerman, III, term expires March 15, 1999 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The appointment was confirmed. April 4, 1997 591 MESSAGE FROM THE HOUSE Announcing, the House nonconcurs in Senate amendments to HB 2105, requests a con ference and has appointed Reps. Phill Kline, Powell and Larkin as conferees on the part of the House. The House nonconcurs in Senate amendments to Senate Substitute for HB 2166, re quests a conference and has appointed Reps. 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 HB 2226 and has appointed Reps. Lloyd, Freeborn and McClure as second conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 11 and has appointed Reps. 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 22 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 51 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 53 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 162 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 184 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 Substitute SB 317 and has appointed Reps. Flower, Ballou and Weiland as conferees on the part of the House. ORIGINAL MOTION On motion of Senator Langworthy, the Senate acceded to the request of the House for a conference on HB 2105. The President appointed Senators Langworthy, Corbin and Lee 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. HB 2166. The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Oleen, Hardenburger and Karr introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1845-- A RESOLUTION congratulating and commending the Konza Prairie Research Natural Area. WHEREAS, The Konza Prairie Research Natural Area is celebrating its 25th anniversary with a series of events on May 13 and 14, 1997; and WHEREAS, The Konza Prairie Research Natural Area, consisting of 8,600 acres and lying contiguous to and north of Interstate Highway 70 and south and east of the city of Manhattan, is owned by The Nature Conservancy and managed by the Division of Biology of Kansas State University; and WHEREAS, The late Dr. Lloyd Hulbert, Kansas State University, was the initiator of action to establish this unique area and was the first Konza Prairie Research Natural Area Director. The late Katherine Ordway provided funds to purchase the first 916 acres of the area in 1971. In 1975, the Nature Conservancy purchased the adjoining 7,220 acre Dewey Ranch and an additional 480 acres were added in 1979; and WHEREAS, The primary function of this tallgrass prairie is to provide research to con tribute to the understanding of the ecology and management of grassland ecosystems. Sci entists from across the nation have worked on projects at this site. The area also is open to public use in the form of hikes, tours and exhibits: Now, therefore, 592 JOURNAL OF THE SENATE Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Konza Prairie Research Natural Area upon the celebration of its 25th anniversary; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Mrs. Lloyd Hulbert, wife of the founding director, Dr. Tim Donoghue, Vice Provost for Research and Dean of the Graduate School, Dr. Marc Johnson, Dean and Director of the College of Agriculture, Dr. Brian Spooner, Professor and Director, Division of Biology and Dr. David C. Hartnett, Professor and KPRNA Director, all in care of Dr. Hartnett, 232 Ackert Hall, Kansas State University, Manhattan, Kansas 66506-4901. On emergency motion of Senator Oleen SR 1845 was adopted unanimously. Senator Oleen introduced guests of the senate Dr. Brian S. Spooner, Professor and Di rector, Division of Biology, and Dr. David C. Hortnett, Professor and KPRNA Director, Kansas State University, Manhattan, Kansas. Senator Praeger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1846-- A RESOLUTION congratulating and commending Lawrence Public Schools. WHEREAS, The Lawrence Public Schools have been selected by the United States Department of Education as one of five schools and districts in the United States to receive the department's new National Awards Program for Model Professional Development; and WHEREAS, Each of the five programs selected for national recognition will receive a privately funded monetary award to be used to support professional development activities; and WHEREAS, Under the professional development program in the Lawrence Public Schools in Lawrence, the schools are their own judges for how well the program is working. The school district gives credit for professional development activities that provide evidence of actual changes in teacher behavior in the classroom, and individual school councils review student assessment data and proficiency tests to determine the areas of strength and weak ness. Most important, these changes must be tied to improved student achievement targets; and WHEREAS, The Lawrence professional development program is a comprehensive effort that includes action plans written by teachers, and monitoring of these plans by videotape, journals and portfolios that are kept by the teacher. The activities also include study groups, peer coaching and a growing staff development and resource center. Other effective training methods include weekly early release days so the teachers can attend professional devel opment programs; and WHEREAS, Communication within the community is essential to the program's success, and parents are brought into the process whenever possible. Written materials describing some of the professional development activities and a curriculum guide are distributed regularly to local parents, private school teachers and also parents who provide home school ing for their children. All are invited to attend the seminars and other activities. Additionally, local businesses provide financial support as well as some business products and educational programs: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Lawrence Public Schools for being selected by the United States Department of Edu cation as one of five schools and districts in the United States to receive the department's new National Awards Program for Model Professional Development; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Sandee Crowther, Division Director of Evaluation and Standards, Lawrence Public Schools, 3705 Clinton Parkway, Lawrence, KS 66047. On emergency motion of Senator Praeger SR 1846 was adopted unanimously. Senator Praeger introduced and congratulated guests Sandee Crowther, Division Director of Evaluation and Standards, her husband Marshall Crowther and others representing the Lawrence Public School District, Janice Grashel, Linda Schnose, Karen Cochran and Mary Loveland. Senator Umbarger introduced the following Senate resolution, which was read: April 4, 1997 593 SENATE RESOLUTION No. 1847-- A RESOLUTION congratulating and commending Hazel Scott upon completion of 50 years of faithful service to the Tyro Christian Church. WHEREAS, Hazel Scott has completed 50 years of consecutive service as the Sunday School Secretary-Treasurer of the Tyro Christian Church, Tyro; and WHEREAS, At one time the duties of Secretary-Treasurer were relatively simple but with church attendance now at about 650 each Sunday it is a huge undertaking; however, she has continued to record attendance and offering totals each Sunday, to deposit church moneys and order church supplies without fail; and WHEREAS, Throughout her life she has excelled in her endeavors, whether as valedic torian of her grade and high school classes, as a Sunday School teacher, ladies bible study leader or in Vacation Bible School activities; and WHEREAS, Hazel Scott is also known for her talent in crafts and painting and for her love of gardening and flowers and has a long history of sharing her roses, strawberries, raspberries, cantaloupes and tomatoes with her friends and neighbors: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Hazel Scott for her 50 years of faithful service to the Tyro Christian Church; and Be it further resolved: That the Secretary of the Senate be directed to provide two enrolled copies of this resolution to Rev. Jeff Davis, Tyro Christian Church, P.O. Box 307, Tyro, KS 67364. On emergency motion of Senator Umbarger SR 1847 was adopted unanimously. Senator Karr introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1848-- A RESOLUTION congratulating and commending Betty Zumbrum. WHEREAS, Betty Zumbrum, Americus, was named the 1997 Literary Volunteer of the Year by the Kansas Reading Association; and WHEREAS, Betty Zumbrum served as the librarian for the Americus Library for 15 years before retiring in 1990. She succeeded in having a children's addition added to the library shortly before her retirement; and WHEREAS, Subsequent to her retirement as the city librarian she commenced reading to children at the Americus Southern Baptist day care center and listening to second and third graders read at school. The children affectionately call her ``Miss Betty''; and WHEREAS, Betty Zumbrum and her husband, Walter Zumbrum, are active in the United Methodist Church of Americus. She has taught at Vacation Bible school every sum mer for 40 years and plays the organ at local churches: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Betty Zumbrum for her years of service to children and her selection as the 1997 Literary Volunteer of the year; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Betty Zumbrum at Rural Route #1, Americus, KS 66835. On emergency motion of Senator Karr SR 1848 was adopted unanimously. Senator Gooch introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1849-- A RESOLUTION congratulating and commending George T. Johnson. WHEREAS, Chief Warrant Officer George T. Johnson, U.S. Army (Retired), Wichita, a retired U.S. Army Aviator, founded the U.S. Army Black Pilot's Association, Inc.; and WHEREAS, The U.S. Army Black Pilot's Association, Inc., which held its first reunion in Wichita in 1983, was founded to motivate eligible minorities to participate in various types of employment in the field of aviation, to establish scholarships so eligible young people could become qualified in various aviation specialties, to establish communication between former and current aviators and to document the many contributions Army Aviators of African-American heritage have made to our country; and WHEREAS, Chief Warrant Officer George T. Johnson is a combat decorated U.S. Army Aviator who was awarded the Distinguished Flying Cross for Heroism for rescuing the crew 594 JOURNAL OF THE SENATE of a downed helicopter despite heavy enemy fire while serving in Vietnam in 1964. After his retirement from the U.S. Army, George T. Johnson was employed by Beech Aircraft for 24 years before retiring from this company; and WHEREAS, Since his retirement George T. Johnson served his community in a variety of community activities and organizations, and has been cited by the city of Wichita in 1990 and 1995 for his civic achievements; and WHEREAS, George T. Johnson is currently the President and Chief Executive Officer of DETAMC, Diversified Educational, Training and Manufacturing Company, Inc., a com pany which is presently involved in training and finding employment for individuals previ ously unemployed and receiving benefits from S.R.S.: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend George T. Johnson for his extensive service to his country, state and city; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to George T. Johnson, President, DETAMC, 2102 E. 21st Street, Wichita, KS 67214. On emergency motion of Senator Gooch SR 1849 was adopted unanimously. Senator Gooch and members of the Senate welcomed and congratulated George T. John son on his service to our nation. Senator Gooch introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1850-- A RESOLUTION congratulating and commending Karla Burns for her success in the theater. WHEREAS, Karla Burns, a Wichita native and graduate of Wichita State University, has won national acclaim for her singing and acting in the theater; and WHEREAS, Karla Burns, a mezzo-soprano, has sung at the Metropolitan Opera in Porgy and Bess, at Lincoln Center in The Comedy of Errors, at Carnegie Hall in Trio and as Queenie in Show Boat; and WHEREAS, Karla Burns was a 1991 Lawrence Olivier Award winner for best supporting performance in a musical, a 1982-83 Tony Award nominee for her performance in Showboat, has appeared on television in performances such as The Parade (with Geraldine Page), One of a Kind and True Blue (with Robert Earl Jones) and in regional and cabaret theater in South Pacific, Two Gentlemen of Verona, The Mikado, The Member of the Wedding and To Kill a Mockingbird; and WHEREAS, Karla Burns' vocal recordings include Kiss Me Kate, Show Boat, Songs of New York and Jerome Kern Revisited: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Karla Burns for her success in the theater; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Karla Burns, 160 Claremont Avenue, Apt. 2K, New York, New York 10027. On emergency motion of Senator Gooch SR 1850 was adopted unanimously. Senator Gooch introduced and congratulated Karla Burns on her success in the theater. Senator Bleeker introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1851-- A RESOLUTION congratulating and commending Tara Dawn Holland. WHEREAS, Tara Dawn Holland, as the reigning Miss America is a role model whom many look up to and respect; and who is advancing a renewed thrust for literacy, recognizing that reading is the doorway to the world of understanding; and WHEREAS, Tara Dawn Holland is a person who sets her goals high, and with discipline and perseverance achieves those goals, yet does not find her own value dependent on either the success or failure of attaining those goals; and WHEREAS, Tara Dawn Holland is a woman of character who knows what she believes and lives out those convictions with courage and integrity: Now, therefore, April 4, 1997 595 Be it resolved by the Senate of the State of Kansas: That we honor Tara Dawn Holland for holding forth clear convictions and principals on behalf of our state and our country; and hereby state that we are proud to call her ``ours''; and Be it further resolved: That the Secretary of the Senate be directed to provide 10 en rolled copies of this resolution to Senator Bleeker. On emergency motion of Senator Bleeker SR 1851 was adopted unanimously. REPORT ON ENROLLED BILLS SB 12, 27, 61, 66, 82, 123, 186, 244, 280, 302 reported correctly enrolled, properly signed and presented to the Governor on April 4, 1997. SR 1844 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on April 4, 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 Langworthy in the chair. On motion of Senator Langworthy the following report was adopted: Recommended SB 387 be passed. Also, HB 2103 be amended by adoption of the committee amendments and the bill be passed as amended. HB 2022 be amended by adoption of the committee amendments, and the bill be further amended by motion of Senator Emert on page 19, after line 39, by inserting an additional section as follows: ``Sec. 2. K.S.A. 1996 Supp. 44-706 is hereby amended to read as follows: 44-706. An individual shall be disqualified for benefits: (a) If the individual left work voluntarily without good cause attributable to the work or the employer, subject to the other provisions of this subsection (a). After a temporary job assignment, failure of an individual to affirmatively request an additional assignment on the next succeeding workday, if required by the employment agreement, after completion of a given work assignment, shall constitute leaving work voluntarily. The disqualification shall begin the day following the separation and shall continue until after the individual has become reemployed and has had earnings from insured work of at least three times the individual's weekly benefit amount. An individual shall not be disqualified under this sub section (a) if: (1) The individual was forced to leave work because of illness or injury upon the advice of a licensed and practicing health care provider and, upon learning of the necessity for absence, immediately notified the employer thereof, or the employer consented to the ab sence, and after recovery from the illness or injury, when recovery was certified by a prac ticing health care provider, the individual returned to the employer and offered to perform services and the individual's regular work or comparable and suitable work was not available; as used in this paragraph (1) ``health care provider'' means any person licensed by the proper licensing authority of any state to engage in the practice of medicine and surgery, osteopathy, chiropractic, dentistry, optometry, podiatry or psychology; (2) the individual left temporary work to return to the regular employer; (3) the individual left work to enlist in the armed forces of the United States, but was rejected or delayed from entry; (4) the individual left work because of the voluntary or involuntary transfer of the in dividual's spouse from one job to another job, which is for the same employer or for a different employer, at a geographic location which makes it unreasonable for the individual to continue work at the individual's job; (5) the individual left work because of hazardous working conditions; in determining whether or not working conditions are hazardous for an individual, the degree of risk in volved to the individual's health, safety and morals, the individual's physical fitness and prior training and the working conditions of workers engaged in the same or similar work for the same and other employers in the locality shall be considered; as used in this paragraph (5), ``hazardous working conditions'' means working conditions that could result in a danger to 596 JOURNAL OF THE SENATE the physical or mental well-being of the individual; each determination as to whether haz ardous working conditions exist shall include, but shall not be limited to, a consideration of (A) the safety measures used or the lack thereof, and (B) the condition of equipment or lack of proper equipment; no work shall be considered hazardous if the working conditions surrounding the individual's work are the same or substantially the same as the working conditions generally prevailing among individuals performing the same or similar work for other employers engaged in the same or similar type of activity; (6) the individual left work to enter training approved under section 236(a)(1) of the federal trade act of 1974, provided the work left is not of a substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the federal trade act of 1974), and wages for such work are not less than 80% of the indi vidual's average weekly wage as determined for the purposes of the federal trade act of 1974; (7) the individual left work because of unwelcome harassment of the individual by the employer or another employee of which the employing unit had knowledge; (8) the individual left work to accept better work; each determination as to whether or not the work accepted is better work shall include, but shall not be limited to, consideration of (A) the rate of pay, the hours of work and the probable permanency of the work left as compared to the work accepted, (B) the cost to the individual of getting to the work left in comparison to the cost of getting to the work accepted, and (C) the distance from the individual's place of residence to the work accepted in comparison to the distance from the individual's residence to the work left; (9) the individual left work as a result of being instructed or requested by the employer, a supervisor or a fellow employee to perform a service or commit an act in the scope of official job duties which is in violation of an ordinance or statute; (10) the individual left work because of a violation of the work agreement by the em ploying unit and, before the individual left, the individual had exhausted all remedies pro vided in such agreement for the settlement of disputes before terminating; or (11) after making reasonable efforts to preserve the work, the individual left work due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification. (b) If the individual has been discharged for misconduct connected with the individual's work. The disqualification shall begin the day following the separation and shall continue until after the individual becomes reemployed and has had earnings from insured work of at least three times the individual's determined weekly benefit amount, except that if an individual is discharged for gross misconduct connected with the individual's work, such individual shall be disqualified for benefits until such individual again becomes employed and has had earnings from insured work of at least eight times such individual's determined weekly benefit amount. In addition, all wage credits attributable to the employment from which the individual was discharged for gross misconduct connected with the individual's work shall be canceled. No such cancellation of wage credits shall affect prior payments made as a result of a prior separation. (1) For the purposes of this subsection (b), ``misconduct'' is defined as a violation of a duty or obligation reasonably owed the employer as a condition of employment. The term ``gross misconduct'' as used in this subsection (b) shall be construed to mean conduct evinc ing extreme, willful or wanton misconduct as defined by this subsection (b). (2) For the purposes of this subsection (b), the use of or impairment caused by an alcoholic beverage, a cereal malt beverage or a nonprescribed controlled substance by an individual while working shall be conclusive evidence of misconduct and the possession of an alcoholic beverage, a cereal malt beverage or a nonprescribed controlled substance by an individual while working shall be prima facie evidence of conduct which is a violation of a duty or obligation reasonably owed to the employer as a condition of employment. For purposes of this subsection (b), the disqualification of an individual from employment which disqualification is required by the provisions of the drug free workplace act, 41 U.S.C. 701 et seq. or is otherwise required by law because the individual refused to submit to or failed a chemical test which was required by law, shall be conclusive evidence of misconduct. Refusal failure of or refusal to submit to a chemical test administered pursuant to an em April 4, 1997 597 ployee assistance program or other drug or alcohol treatment program in which the indi vidual was participating voluntarily or as a condition of ~~further~~ employment shall also be conclusive evidence of misconduct. Alcoholic liquor shall be defined as provided in K.S.A. 41-102 and amendments thereto. Cereal malt beverage shall be defined as provided in K.S.A. 41-2701 and amendments thereto. Controlled substance shall be defined as provided in K.S.A. 65-4101 and amendments thereto of the uniform controlled substances act. As used in this subsection (b)(2), ``required by law'' means required by a federal or state law, a federal or state rule or regulation having the force and effect of law, a county resolution or municipal ordinance, or a policy relating to public safety adopted in open meeting by the governing body of any special district or other local governmental entity. An individual's refusal to submit to a chemical test shall not be admissible evidence to prove misconduct unless the test is required by and meets the standards of the drug free workplace act, 41 U.S.C. 701 et seq., the test was administered as part of an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of ~~further~~ employment, the test was otherwise required by law ~~and~~, the test constituted a required condition of employment for the individual's job, or, there was probable cause to believe that the individual used, possessed or was impaired by an alcoholic beverage, a cereal malt beverage or a controlled substance while working. The results of a chemical test shall not be admissible evidence to prove misconduct unless the following conditions were met: (A) Either (i) the test was required by law, the test was administered pursuant to the drug free workplace act, 41 U.S.C. 701 et seq., (ii) the test was administered as part of an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of further employment, (iii) ~~the test was required by law and~~ the test constituted a required condition of employment for the individual's job, or (iv) there was probable cause to believe that the individual used, had possession of, or was impaired by the alcoholic beverage, the cereal malt beverage or the controlled substance while working; (B) the test sample was collected either (i) as prescribed by the drug free workplace act, 41 U.S.C. 701 et seq., (ii) as prescribed by an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of further employment, (iii) as prescribed by a test which was required by law and which constituted a required condition of employment for the individual's job, or (iv) at a time contemporaneous with the events establishing probable cause; (C) the collecting and labeling of the test sample was performed by a licensed health care professional or any other individual authorized to collect or label test samples by federal or state law, or a federal or state rule or regulation having the force and effect of law, including law enforcement personnel; (D) the test was performed by a laboratory approved by the United States department of health and human services or licensed by the department of health and environment, except that a blood sample may be tested for alcohol content by a laboratory commonly used for that purpose by state law enforcement agencies; (E) the test was confirmed by gas chromatography, gas chromatography-mass spectros copy or other comparably reliable analytical method, except that no such confirmation is required for a blood alcohol sample; and (F) the foundation evidence must establish, beyond a reasonable doubt, that the test results were from the sample taken from the individual. (3) For the purposes of this subsection (b), misconduct shall include, but not be limited to repeated absence, including lateness, from scheduled work if the facts show: (A) The individual was absent without good cause; (B) the absence was in violation of the employer's written absenteeism policy; (C) the employer gave or sent written notice to the individual that future absence will result in discharge; and (D) the employee had knowledge of the employer's written absenteeism policy. (4) An individual shall not be disqualified under this subsection (b) if the individual is discharged under the following circumstances: 598 JOURNAL OF THE SENATE (A) The employer discharged the individual after learning the individual was seeking other work or when the individual gave notice of future intent to quit; (B) the individual was making a good-faith effort to do the assigned work but was dis charged due to: (i) Inefficiency, (ii) unsatisfactory performance due to inability, incapacity or lack of training or experience, (iii) isolated instances of ordinary negligence or inadver tence, (iv) good-faith errors in judgment or discretion, or (v) unsatisfactory work or conduct due to circumstances beyond the individual's control; or (C) the individual's refusal to perform work in excess of the contract of hire. (c) If the individual has failed, without good cause, to either apply for suitable work when so directed by the employment office of the secretary of human resources, or to accept suitable work when offered to the individual by the employment office, the secretary of human resources, or an employer, such disqualification shall begin with the week in which such failure occurred and shall continue until the individual becomes reemployed and has had earnings from insured work of at least three times such individual's determined weekly benefit amount. In determining whether or not any work is suitable for an individual, the secretary of human resources, or a person or persons designated by the secretary, shall consider the degree of risk involved to health, safety and morals, physical fitness and prior training, experience and prior earnings, length of unemployment and prospects for securing local work in the individual's customary occupation or work for which the individual is reasonably fitted by training or experience, and the distance of the available work from the individual's residence. Notwithstanding any other provisions of this act, an otherwise eligible individual shall not be disqualified for refusing an offer of suitable employment, or failing to apply for suitable employment when notified by an employment office, or for leaving the individual's most recent work accepted during approved training, including training ap proved under section 236(a)(1) of the trade act of 1974, if the acceptance of or applying for suitable employment or continuing such work would require the individual to terminate approved training and no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout or other labor dispute; (2) if the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (3) if as a condition of being employed, the individual would be required to join or to resign from or refrain from joining any labor organization. (d) For any week with respect to which the secretary of human resources, or a person or persons designated by the secretary, finds that the individual's unemployment is due to a stoppage of work which exists because of a labor dispute or there would have been a work stoppage had normal operations not been maintained with other personnel previously and currently employed by the same employer at the factory, establishment or other premises at which the individual is or was last employed, except that this subsection (d) shall not apply if it is shown to the satisfaction of the secretary of human resources, or a person or persons designated by the secretary, that: (1) The individual is not participating in or fi nancing or directly interested in the labor dispute which caused the stoppage of work; and (2) the individual does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs any of whom are participating in or financing or directly interested in the dispute. If in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate depart ments of the same premises, each such department shall, for the purpose of this subsection (d), be deemed to be a separate factory, establishment or other premises. For the purposes of this subsection (d), failure or refusal to cross a picket line or refusal for any reason during the continuance of such labor dispute to accept the individual's available and customary work at the factory, establishment or other premises where the individual is or was last employed shall be considered as participation and interest in the labor dispute. (e) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits under the unemployment compensation law of any other state or of the United States, except that if the appropriate agency of such other state April 4, 1997 599 or the United States finally determines that the individual is not entitled to such unem ployment benefits, this disqualification shall not apply. (f) For any week with respect to which the individual is entitled to receive any unem ployment allowance or compensation granted by the United States under an act of congress to ex-service men and women in recognition of former service with the military or naval services of the United States. (g) For the period of one year beginning with the first day following the last week of unemployment for which the individual received benefits, or for one year from the date the act was committed, whichever is the later, if the individual, or another in such individual's behalf with the knowledge of the individual, has knowingly made a false statement or rep resentation, or has knowingly failed to disclose a material fact to obtain or increase benefits under this act or any other unemployment compensation law administered by the secretary of human resources. (h) For any week with respect to which the individual is receiving compensation for temporary total disability or permanent total disability under the workmen's compensation law of any state or under a similar law of the United States. (i) For any week of unemployment on the basis of service in an instructional, research or principal administrative capacity for an educational institution as defined in subsection (v) of K.S.A. 44-703 and amendments thereto, if such week begins during the period be tween two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms during such period or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performs such services in the first of such academic years or terms and there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. (j) For any week of unemployment on the basis of service in any capacity other than service in an instructional, research, or administrative capacity in an educational institution, as defined in subsection (v) of K.S.A. 44-703 and amendments thereto, if such week begins during the period between two successive academic years or terms if the individual performs such services in the first of such academic years or terms and there is a reasonable assurance that the individual will perform such services in the second of such academic years or terms, except that if benefits are denied to the individual under this subsection (j) and the individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection (j). (k) For any week of unemployment on the basis of service in any capacity for an edu cational institution as defined in subsection (v) of K.S.A. 44-703 and amendments thereto, if such week begins during an established and customary vacation period or holiday recess, if the individual performs services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess. (l) For any week of unemployment on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, if such week begins during the period between two successive sport seasons or similar period if such individual performed services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods. (m) For any week on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the federal immigration and nation ality act. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for 600 JOURNAL OF THE SENATE benefits would otherwise be approved, no determination that benefits to such individual are not payable because of such individual's alien status shall be made except upon a prepon derance of the evidence. (n) For any week in which an individual is receiving a governmental or other pension, retirement or retired pay, annuity or other similar periodic payment under a plan maintained by a base period employer and to which the entire contributions were provided by such employer, except that: (1) If the entire contributions to such plan were provided by the base period employer but such individual's weekly benefit amount exceeds such governmental or other pension, retirement or retired pay, annuity or other similar periodic payment at tributable to such week, the weekly benefit amount payable to the individual shall be re duced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity or other similar periodic payment which is attributable to such week; or (2) if only a portion of contributions to such plan were provided by the base period employer, the weekly benefit amount payable to such individual for such week shall be reduced (but not below zero) by the prorated weekly amount of the pension, retirement or retired pay, annuity or other similar periodic payment after deduction of that portion of the pension, retirement or retired pay, annuity or other similar periodic payment that is directly attributable to the percentage of the contributions made to the plan by such individual; or (3) if the entire contributions to the plan were provided by such individual, or by the indi vidual and an employer (or any person or organization) who is not a base period employer, no reduction in the weekly benefit amount payable to the individual for such week shall be made under this subsection (n); or (4) whatever portion of contributions to such plan were provided by the base period employer, if the services performed for the employer by such individual during the base period, or remuneration received for the services, did not affect the individual's eligibility for, or increased the amount of, such pension, retirement or retired pay, annuity or other similar periodic payment, no reduction in the weekly benefit amount payable to the individual for such week shall be made under this subsection (n). The con ditions specified in clause (4) of this subsection (n) shall not apply to payments made under the social security act or the railroad retirement act of 1974, or the corresponding provisions of prior law. Payments made under these acts shall be treated as otherwise provided in this subsection (n). If the reduced weekly benefit amount is not a multiple of $1, it shall be reduced to the next lower multiple of $1. (o) For any week of unemployment on the basis of services performed in any capacity and under any of the circumstances described in subsection (i), (j) or (k) which an individual performed in an educational institution while in the employ of an educational service agency. For the purposes of this subsection (o), the term ``educational service agency'' means a governmental agency or entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (p) For any week of unemployment on the basis of service as a school bus or other motor vehicle driver employed by a private contractor to transport pupils, students and school personnel to or from school-related functions or activities for an educational insti tution, as defined in subsection (v) of K.S.A. 44-703 and amendments thereto, if such week begins during the period between two successive academic years or during a similar period between two regular terms, whether or not successive, if the individual has a contract or contracts, or a reasonable assurance thereof, to perform services in any such capacity with a private contractor for any educational institution for both such academic years or both such terms. An individual shall not be disqualified for benefits as provided in this subsection (p) for any week of unemployment on the basis of service as a bus or other motor vehicle driver employed by a private contractor to transport persons to or from nonschool-related functions or activities. (q) For any week of unemployment on the basis of services performed by the individual in any capacity and under any of the circumstances described in subsection (i), (j), (k) or (o) which are provided to or on behalf of an educational institution, as defined in subsection (v) of K.S.A. 44-703 and amendments thereto, while the individual is in the employ of an employer which is a governmental entity or any employer described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income under section 501(a) of the code. April 4, 1997 601 (r) For any week in which an individual is registered at and attending an established school, training facility or other educational institution, or is on vacation during or between two successive academic years or terms. An individual shall not be disqualified for benefits as provided in this subsection (r) provided: (1) The individual was engaged in full-time employment concurrent with the individual's school attendance; or (2) the individual is attending approved training as defined in subsection (s) of K.S.A. 44-703 and amendments thereto; or (3) the individual is attending evening, weekend or limited day time classes, which would not affect availability for work, and is otherwise eligible under subsection (c) of K.S.A. 44705 and amendments thereto. (s) For any week with respect to which an individual is receiving or has received re muneration in the form of a back pay award or settlement. The remuneration shall be allocated to the week or weeks in the manner as specified in the award or agreement, or in the absence of such specificity in the award or agreement, such remuneration shall be allocated to the week or weeks in which such remuneration, in the judgment of the secretary, would have been paid. (1) For any such weeks that an individual receives renumeration in the form of a back pay award or settlement, an overpayment will be established in the amount of unemploy ment benefits paid and shall be collected from the claimant. (2) If an employer chooses to withhold from a back pay award or settlement, amounts paid to a claimant while they claimed unemployment benefits, such employer shall pay the department the amount withheld. With respect to such amount, the secretary shall have available all of the collection remedies authorized or provided in section K.S.A. 44-717, and amendments thereto.''; By renumbering the sections accordingly; Also on page 19, in line 40, after ``44-703'', by inserting ``and 44-706''; also in line 40, by striking ``is'' and inserting ``are''; In the title, in line 12, by striking all after the semicolon; in line 13, by striking all before ``amending''; also in line 13, after ``44-703'', by inserting ``and 44-706''; in line 14, by striking ``section'' and inserting ``sections'', and the bill be passed as further amended. HB 2098 be amended by adoption of the committee amendments and the bill be further amended by motion of Senator Downey on page 3, in line 43, by striking ``The'' and inserting ``(A) Subject to the provisions of subpart (B), the''; On page 4, following line 2, by inserting the following: ``(B) In lieu of utilizing the authority granted by subpart (A) for adoption of a local option budget, the board of a district may pass a resolution authorizing adoption of such a budget and publish such resolution once in a newspaper having general circulation in the district. The resolution shall be published in substantial compliance with the following form: Unified School District No. ___, ____________ County, Kansas. RESOLUTION Be It Resolved that: The board of education of the above-named school district shall be authorized to adopt a local option budget in each school year for a period of time not to exceed ______ years in an amount not to exceed ___% of the amount of state financial aid determined for the current school year. The local option budget authorized by this resolution may be adopted, unless a petition in opposition to the same, signed by not less than 5% of the qualified electors of the school district, is filed with the county election officer of the home county of the school district within 30 days after publication of this resolution. In the event a petition is filed, the county election officer shall submit the question of whether adoption of the local option budget shall be authorized to the electors of the school district at an election called for the purpose or at the next general election, as is specified by the board of education of the school district. 602 JOURNAL OF THE SENATE CERTIFICATE This is to certify that the above resolution was duly adopted by the board of education of Unified School District No. ___, ____________ County, Kansas, on the ___ day of ____________, 19___. ____________________________________ Clerk of the board of education. All of the blanks in the resolution shall be appropriately filled. The blank preceding the word ``years'' shall be filled with a specific number, and the blank preceding the percentage symbol shall be filled with a specific number. No word shall be inserted in either of the blanks. The percentage specified in the resolution shall not exceed the district prescribed percentage. The resolution shall be published once in a newspaper having general circulation in the school district. If no petition as specified above is filed in accordance with the pro visions of the resolution, the board may adopt a local option budget. If a petition is filed as provided in the resolution, the board may notify the county election officer of the date of an election to be held to submit the question of whether adoption of a local option budget shall be authorized. If the board fails to notify the county election officer within 30 days after a petition is filed, the resolution shall be deemed abandoned and no like resolution shall be adopted by the board within the nine months following publication of the resolution. If any district is authorized to adopt a local option budget, but the board of such district chooses, in any year, not to adopt such a budget, or chooses to adopt such budget in an amount less than the amount of the district prescribed percentage of the amount of state financial aid in any school year, such board of education may do so. If the board of any district refrains from adopting a local option budget in any one or more school years or refrains from budgeting the total amount authorized for any one or more school years, the authority of such district to adopt a local option budget shall not thereby be extended beyond the original period specified in the resolution authorizing adoption of such budget, nor shall the amount authorized to be budgeted in any succeeding school year be increased thereby. Whenever an initial resolution has been adopted under this subsection, and such resolution specified a lesser percentage than the district prescribed percentage, the board of the district may adopt one or more subsequent resolutions under the same procedure as provided for the initial resolution and subject to the same conditions, and shall be authorized to increase the percentage as specified in any such subsequent resolution for the remainder of the period of time specified in the initial resolution. Any percentage specified in a subsequent resolution or in subsequent resolutions shall be limited so that the sum of the percentage authorized in the initial resolution and the percentage authorized in the subsequent reso lution or in subsequent resolutions is not in excess of the district prescribed percentage in any school year. The board of any district that has adopted a local option budget under authority of provision (2)(A) and levied a tax under authority of K.S.A. 72-6435, and amend ments thereto, may initiate, at any time after the final levy is certified to the county clerk under any current authorization, procedures to renew its authority to adopt a local option budget in the manner specified in provision (2) of this subsection. As used in this subpart, the term ``authorized to adopt a local option budget'' means that a district has adopted a resolution under this subpart, has published the same, and either that the resolution was not protested or that it was protested and an election was held by which the adoption of a local option budget was approved.'' Also, on page 4, in line 16, by striking ``a'' and inserting ``: (A) A''; in line 18, after ``district'', by inserting ``; or (B) the question of whether the board shall be authorized to increase the local option budget has been submitted to and approved by the qualified electors of the district at a special election called for the purpose. Any such election shall be noticed, called and held in the manner provided by K.S.A. 10-120, and amendments thereto, for the no ticing, calling and holding of elections upon the question of issuing bonds under the general bond law. The notice of such election shall state the purpose for and time of the election, and the ballot shall be designed with the question of whether the board of education of the district shall be continuously and permanently authorized to increase the local option budget of the district in each school year by a percentage which together with the percentage of the amount of state financial aid budgeted under subsection (a) does not exceed the state April 4, 1997 603 prescribed percentage in any school year. If a majority of the qualified electors voting at the election approve authorization of the board to increase the local option budget, the board shall have such authority. If a majority of the qualified electors voting at the election are opposed to authorization of the board to increase the local option budget, the board shall not have such authority and no like question shall be submitted to the qualified electors of the district within the nine months following the election''; On page 7, in line 20, before ``that'', by inserting ``either that a district has held a special election under provision (2)(B) by which authority of the board to increase a local option budget was approved; or''. The bill be amended by motion of Senator Lawrence on page 11, in line 39, by striking ``districts'' and inserting ``district's'', and the bill be passed as further amended. Sub HB 2501 be passed over and retain a place on the calendar. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SB 387; HB 2022, 2098, 2103 were advanced to Final Action and roll call. SB 387, An act concerning the state workplace health and safety program; relating to implementation and administration of the program; amending K.S.A. 44-575 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The bill passed. HB 2022, An act concerning the employment security law; amending K.S.A. 1996 Supp. 44-703 and 44-706 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 32, nays 7, present and passing 0; absent or not voting 1. Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Lang worthy, Lawrence, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Barone, Gilstrap, Hensley, Jones, Karr, Lee, Petty. Absent or not voting: Morris. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: I vote ``no'' on House Bill 2022. The drug testing amendment ap proved during General Orders debate is House Bill 2124. The House Committee on Busi ness, Commerce and Labor referred this bill for further study by the Employment Security Advisory Council. The drug testing amendment (House Bill 2124) in this bill is far-reaching in its effect. It represents a substantial change in unemployment law. This amendment should be studied by the Advisory Council in the interim and considered in the 1998 session.--Anthony Hensley of Vote'' offered by Senator Hensley on HB 2022. Senators Gilstrap and Petty request the record to show they concur with the ``Explanation HB 2098, An act concerning school districts; authorizing the adoption of local option budgets and providing a procedure for authorization to increase such budgets; relating to enrollment of nonresident pupils and the provision of transportation for such pupils to and from school; amending K.S.A. 72-8303 and 72-8309 and K.S.A. 1996 Supp. 72-6433 and 72-8302 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 72-6433a, was considered on final action. On roll call, the vote was: Yeas 23, nays 16, present and passing 0; absent or not voting 1. 604 JOURNAL OF THE SENATE Yeas: Becker, Biggs, Bond, Brownlee, Donovan, Downey, Emert, Feleciano, Gooch, Goodwin, Hensley, Jones, Jordan, Langworthy, Lawrence, Oleen, Petty, Praeger, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Barone, Bleeker, Clark, Corbin, Gilstrap, Hardenburger, Harrington, Huelskamp, Karr, Kerr, Lee, Pugh, Ranson, Salisbury, Salmans, Tyson. Absent or not voting: Morris. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: Public Education is very important to me as it is or should be to every Kansan. But it is also important to me that we keep the faith of the public processes in the forefront. To me it's a question of decisions by the voters in local elections being respected and honored. My vote is a vote for allowing the local taxpayer the opportunity to vote on new or lapsing local taxes.--Jim Barone Senator Harrington requests the record to show she concurs with the ``Explanation of Vote'' offered by Senator Barone on HB 2098. Mr. President: I vote against this bill, not because I don't support public education, but because it is a betrayal of voter trust. When taxpayers across Kansas approved LOBs, they did so knowing the LOBs would sunset in four years or less. However, this bill removes that sunset, violates the trust of the voters, and steals taxpayer ability to vote on LOBs. Education is very important, of course, but so is the integrity of the Legislature and Governor in keeping its promises to the taxpayers of Kansas.--Tim Huelskamp Senators Harrington, Pugh, Salmans and Tyson request the record to show they concur with the ``Explanation of Vote'' offered by Senator Huelskamp on HB 2098. Mr. President: I strongly object to this far reaching but short sighted provisions of HB 2098. I do so not because of some unsupportable contention that the Local Option Budget is working well and needs no repair; the law was poorly designed and must be made work able. But this bill rewards high spending schools for high spending, sets in place progressive tax increases, disenfranchises taxpayers and ignores a far better solution which was available to us. The LOB should henceforth be known as the LNOB, the Local No-Option Budget, but the lack of taxpayer control is one of the smaller problems attributable to this bill. Perhaps most objectionable is the freezing of high spending districts at those high spending levels. Schools which were more frugal will see this as an incentive to be more profligate in the future. Mr. President, the theme of this session has been tax reduction. But earlier in this session, when we went head over heels to put in place a massive tax cut, we did not stop to examine the alternatives. We could have used a portion of those funds to buy down the LOB. We would have lowered property taxes, narrowed the disparity between high and low spending districts and solved the federal impact aid problem we have without the hocus pocus now planned. Mr. President, I reluctantly oppose this bill even though a solution to the LOB problem is desperately needed.--Dave Kerr Senator Hardenburger requests the record to show she concurs with the ``Explanation of Vote'' offered by Senator Kerr on HB 2098. HB 2103, An act concerning the secretary of corrections; disposition of unclaimed bodies of deceased inmates in custody of secretary of corrections; amending K.S.A. 22a-215 and 65-904 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. 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, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Morris. The bill passed, as amended. April 4, 1997 605 On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, April 9, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+