J o u r n a l o f t h e S e n a t e SIXTIETH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, April 10, 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, Being called ``Senator'' could possibly cause me to get puffed up with pride if it were not for the off-setting realities. I represent 60,000 people, but what percentage of them recognize me on the street? Most people are impressed when I tell them I'm a Senator until they find out I'm not in Washington! I vote the sentiments of my constituents 90% of the time, but all they remember is the 10% I didn't. My name is in the media more often than most people, but it usually is in a negative sense. I have a sticker that permits me to park close to the State House, but the spaces are usually all filled. I work hard, put in long hours, drive many miles, not only during the session, but year round in order to serve the needs of my constituents, but the response consists mostly of how greedy I am. I know it sounds like I'm complaining, Lord, but I'm really not. I pretty well knew what to expect when I ran for this office. All I'm saying is that it is very difficult to get the big head in this business! I pray in the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following concurrent resolution was introduced and read: SENATE CONCURRENT RESOLUTION No. 1614-- By Senators Bond, Emert and Hensley 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. Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the legislature shall adjourn at the close of business of the daily session convened on April 11, 1997, and shall reconvene on April 30, 1997, pursuant to adjournment of the daily session convened on April 11, 1997; and Be it further resolved: That the chief clerk of the house of representatives and the secretary of the senate and employees specified by the director of legislative administrative services for such purpose shall attend their duties each day during periods of adjournment, Sundays excepted, for the purpose of receiving messages from the governor and conducting such other business as may be required; and 610 JOURNAL OF THE SENATE Be it further resolved: That members of the legislature shall not receive the per diem compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A. 1996 Supp. 46-137a from April 12, 1997, through April 29, 1997, inclusive; and Be it further resolved: That members of the legislature attending a legislative meeting of whatever nature when authorized pursuant to law or by the President of the Senate or the Speaker of the House of Representatives and members of a conference committee attending a meeting of the conference committee authorized by the President of the Senate and the Speaker of the House of Representatives during the period of adjournment from April 12, 1997, through April 29, 1997, inclusive, shall receive compensation and travel expenses or allowances as provided by K.S.A. 75-3212 except that the mileage allowance shall be limited during such period of adjournment to one full trip by the usual route in going to and returning from an authorized meeting. On emergency motion of Senator Emert, SCR 1614 was adopted by voice vote. REFERRAL OF APPOINTMENTS The following appointments made by the Governor and submitted to the senate for con firmation, were referred to Committees as indicated: Kansas, Inc., Larry K. Williams, effective upon the date of confirmation by the Senate, reappointed to fill a four-year term ending January 15, 2001. (Commerce) KPERS Board of Trustees, Regenia Moore-Lee, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. (Ways and Means) MESSAGE FROM THE HOUSE Announcing passage of HB 2351, 2390; SB 124. The House adopts the conference committee report on Substitute HB 2368. The House accedes to the request of the Senate for a conference on SB 116 and has appointed Representatives Tomlinson, Glasscock and Welshimer as conferees on the part of the House. The House adopts the Conference Committee Report to agree to disagree on Substitute for SB 86 and has appointed Representatives Cox, Humerickhouse and Correll as second conferees on the part of the House. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2351, 2390 were thereupon introduced and read by title. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Emert moved the Senate concur in house amendments to SB 68. SB 68, An act concerning the care and treatment act for mentally ill persons; amending K.S.A. 1996 Supp. 59-2946, 59-2957, 59-2958, 59-2966, 59-2967, 59-2969, 59-2971 and 592972 and repealing the existing sections; also repealing section 1 of chapter 172 of the 1996 Session Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws of Kansas, section 3 of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter 172 of the 1996 Session Laws of Kansas, section 5 of chapter 172 of the 1996 Session Laws of Kansas, section 6 of chapter 172 of the 1996 Session Laws of Kansas and section 7 of chapter 172 of the 1996 Session Laws of Kansas, 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. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to Substitute for SB 86, submits the following report: April 10, 1997 611 Your committee on conference agrees to disagree and recommends that a new conference committee be appointed; And your committee on conference recommends the adoption of this report. Ray L. Cox Joe Humerickhouse Vernon W. Correll Conferees on part of House Don Steffees Sandy Praeger Paul Feleciano, Jr. Conferees on part of Senate On motion of Senator Steffes, the Senate adopted the conference committee report on Substitute SB 86, and requested a new conference committee be appointed. The President appointed Senators Steffes, Praeger and Feleciano, as a second conference committee on the part of the Senate on Sub. SB 86. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments to HB 2255, 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 25, by striking ``185%'' and inserting ``300%''; in line 35, by striking ``185%'' and inserting ``300%''; And your committee on conference recommends the adoption of this report. Sandy Praeger Larry D. Salmans Chris Steineger Conferees on part of Senate Carlos Mayans Jim Morrison Jerry Henry Conferees on part of House Senator Praeger moved the Senate adopt the Conference Committee report on HB 2255. 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, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Tyson. The Conference Committee report was adopted. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Lee introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1853-- A RESOLUTION congratulating and commending the Kensington FFA meats judging team. WHEREAS, The Kensington FFA meats judging team placed fifth in the 1996 FFA national meats judging contest; and WHEREAS, The Kensington FFA meats judging team, which is composed of Brian Bronson, Olivia Ferguson, Todd Slavik and Bo Whelchel, who are all seniors at Kensington High School, qualified for the national contest by winning the state contest. At the national meet all four members placed in the gold-medal division and Brian Bronson tied for 10th; and 612 JOURNAL OF THE SENATE WHEREAS, The team members took a written examination testing their knowledge of meat selection, storage, cooking, nutrition and safety as well as identifying 40 cuts of meat by retail trade name and prime cut identification of beef, pork and lamb plus yield and quality grading of six beef carcasses; and WHEREAS, The judging contest was held in Manhattan and the team members, with their advisor, Butch Whelchel, were given their awards at an awards ceremony at the Hyatt Regency Hotel in Kansas City, Missouri: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kensington FFA meats judging team for placing fifth in the 1996 FFA national meats judging contest; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Kensington High School, Brian Bronson, Olivia Ferguson, Todd Slavik, Bo Whelchel and Butch Whelchel, all in care of Butch Whelchel, Kensington High School, Kensington, Kansas 66951. On emergency motion of Senator Lee SR 1853 was adopted unanimously. Senator Lee introduced and welcomed members of the Kensington FFA meats judging team, Brian Bronson, Olivia Ferguson, Todd Slavik and Bo Whelchel and their advisor, Butch Whelchel. REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs recommends HB 2509, as amended by House Committee of the Whole, be amended on page 1, by striking all of line 28; in line 29, by striking all preceding ``technical''; by striking all of line 36; in line 37, by striking all preceding ``technical''; On page 2, by striking all of line 1; in line 2, by striking all preceding ``technical''; in line 27, by striking all following ``of''; in line 28, by striking all preceding ``technical''; On page 6, in line 12, by striking ``pro-''; in line 13, by striking all preceding ``to'' and inserting ``technical professions''; On page 7, by striking all of line 19; in line 20, by striking all preceding ``technical''; in line 31, by striking ``profes-''; in line 32, by striking all preceding the period and inserting ``technical professions''; On page 10, in line 10, by striking ``(a)''; in line 14, by striking all following ``of''; in line 15, by striking all preceding ``technical''; by striking all of lines 29 through 40; On page 11, in line 2, by striking ``professional''; by striking all of line 3; On page 14, in line 8, by striking all following ``of''; by striking all of line 9; in line 14, by striking all following ``of''; by striking all of line 15; in line 21, by striking all following ``of''; in line 22, by striking all preceding ``technical''; by striking all of line 25; in line 26, by striking all preceding ``technical''; in line 33, by striking all following ``of''; in line 34, by striking all preceding ``technical''; in line 43, by striking all following ``of''; On page 15, in line 1, by striking all preceding ``technical''; in line 22, by striking all following ``of''; in line 23, by striking all preceding ``technical''; in line 29, by striking all following ``of''; in line 30, by striking all preceding ``technical''; On page 16, in line 13, by striking all following ``of''; by striking all in line 14; On page 18, in line 31, by striking ``professional engineers,''; in line 32, by striking all preceding ``technical''; In the title, in line 12, by striking ``changing''; by striking all of line 13; in line 14, by striking all preceding ``relating''; and the bill be passed as amended. REPORT ON ENROLLED BILLS SB 152, 227 reported correctly enrolled, properly signed and presented to the Governor on April 9, 1997. SR 1845, 1846, 1847, 1848, 1849, 1850, 1851 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on April 9, 1997. On motion of Senator Emert, the Senate recessed until 10:30 a.m. The Senate met pursuant to recess with President Bond in the chair. April 10, 1997 613 GUESTS OF THE SENATE Senator Vidricksen introduced as guests of the Senate Steve Swanson, Kansas State Uni versity, Salina, Dr. Gennadiy V. Abramov and Natasha R;aaoshchupkina, Voronezh State Tech nological Academy, City of Voronezh, State of Oblast, Russia. Dr. Abramov is the first visiting faculty member from the Voronezh State Technological Academy, spending time on the Salina campus as part of a faculty and student exchange agreement. MESSAGE FROM THE HOUSE Announcing passage of SB 104, 210. Also, passage of SB 373, as amended. The House adopts the conference committee report on SB 65. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Lawrence the Senate nonconcurred in the House amendments to H. Sub. for SB 36 and requested a conference committee be appointed. The President appointed Senators Lawrence, Emert and Downey as a conference com mittee on the part of the Senate. On motion of Senator Kerr the Senate nonconcurred in the House amendments to SB 373 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. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 65, submits the following report: The Senate accedes to all House amendments to the bill, and your committee on con ference further agrees to amend the bill, as printed with House Committee amendments, as follows: On page 1, in line 22, by striking all before ``such'' and inserting ``If a school district elects not to provide''; in line 23, by striking ``and subject to the provisions of subsection (b), a'' and inserting ``the''; in line 24, by striking ``may'' and inserting ``shall''; And your committee on conference recommends the adoption of this report. Michael R. O'Neal Eugene L. Shore Bill Reardon Conferees on part of House Barbara Lawrence Audrey Langworthy Janis K. Lee Conferees on part of Senate Senator Lawrence moved the Senate adopt the Conference Committee report on SB 65. 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. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments to Senate Substitute for HB 2166, 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: 614 JOURNAL OF THE SENATE On page 1, in line 30, after ``1997,'' by inserting ``and''; in line 31, by striking ``June 30, 1999,''; On page 2, in line 34, before ``the'' by inserting ``this account of''; On page 3, by striking all in lines 33 through 43; On page 4, by striking all in lines 1 through 4; And by relettering subsections accordingly; Also on page 4, in line 8, by striking ``$6,544,000'' and inserting in lieu thereof ``$7,294,000''; in line 16, by striking ``$4,227,497'' and inserting in lieu thereof ``$4,000,000''; in line 23, by striking all after ``corrections''; by striking all in line 24; in line 25, by striking all before the period; by striking all in line 26; by striking all in lines 40 through 43; On page 5, by striking all in lines 1 through 10; On page 6, by striking all in line 1; by striking all in lines 9 through 14; And by relettering subsections accordingly; On page 9, after line 37, by inserting the following: ``Ackert hall addition--gifts and grants fund - No limit''; On page 16, after line 32, by inserting the following: ``Budig hall completion fund No limit Provided, That during the fiscal year ending June 30, 1998, the director of accounts and reports shall transfer amounts specified by the chancellor of the university of Kansas from moneys available to the above agency in special revenue funds for fiscal year 1998, including the general fees fund, sponsored research overhead fund and various moneys within the restricted fees fund, including grants, gifts, contracts and fees to the Budig hall completion fund: Provided, however, That no expenditures shall be made from this fund until the preliminary plans and program statement for the Budig hall completion project have been reviewed by the joint committee on state building construction.''; Also on page 16, by striking all in lines 33 through 35; following line 38, by inserting the following: ``(c) During the fiscal year ending June 30, 1998, the university of Kansas is hereby authorized to make expenditures to raze building #17 annex.''; On page 17, after line 15, by inserting the following: ``Construct and equip research building fund - No limit''; On page 20, in line 27, by striking ``$35,000'' and inserting in lieu thereof ``$50,000''; On page 21, in line 17, by striking ``On July 1, 1997, any'' and inserting ``Any''; On page 22, in line 3, before the period, by inserting ``: Provided further, That all ex penditures from the unencumbered balance of any such account shall be in addition to any expenditure limitation imposed on the migratory waterfowl propagation and protection fund for fiscal year 1998: And provided further, That all expenditures from migratory waterfowl propagation and protection fund for land acquisition shall be for acquisition of existing wetlands that are adjacent to state-owned wetlands: And provided further, That, as used in this subsection, wetlands are defined as areas that have a predominance of hydric soils and that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydro phytic vegetation typically adapted for life in saturated soil conditions''; On page 23, by striking all in line 39 and inserting in lieu thereof the following material to read as follows: ``Wildlife fee fund shooting range development$50,000 Wildlife fee fund shooting range development--local cost-sharing projects$150,000 Wildlife fee fund land acquisition$150,000 Wildlife fee fund flood damage repair in wildlife areas$100,000 Wildlife fee fund wetlands rehabilitation - $50,000''; On page 25, following line 41, by inserting the following material to read as follows: April 10, 1997 615 ``Sec. 1. KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 1998, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Greyhound research facility expansion fund - $140,000 (b) Notwithstanding the provisions of K.S.A. 74-8831, on July 1, 1997, the director of accounts and reports shall transfer $140,000 from the Kansas greyhound breeding devel opment fund of the Kansas racing and gaming commission to the greyhound research facility expansion fund of Kansas state university veterinary medical center.''; And by renumbering sections accordingly; On page 1, in the title, in line 12, after ``1997,'' by inserting ``and''; also in line 12, by striking ``and June 30, 1999,''; in line 24, by striking ``and'' where it appears for the first time and inserting in lieu thereof a comma; also in line 24, before the semicolon, by inserting ``and Kansas state university veterinary medical center''; And your committee on conference recommends the adoption of this report. Dave Kerr Alicia Salisbury Marge Petty Conferees on part of Senate Phil Kline Mike Farmer Henry Helgerson, Jr. Conferees on part of House Senator Kerr moved the Senate adopt the Conference Committee report on S. Sub. HB 2166. On roll call, the vote was: Yeas 36, nays 4, 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, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Hensley, Huelskamp, Lee, Tyson. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments 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 31, 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 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.''; 616 JOURNAL OF THE SENATE 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, it the 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 Freeborn Laura McClure Conferees on part of House Senator Corbin moved the Senate adopt the Conference Committee report on HB 2226. 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. April 10, 1997 617 CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments to SENATE Substitute for HB 2272, 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, after line 24, by inserting the following material to read as follows: ``(b) On or after the effective date of this act, expenditures shall be made by the above agency from the cosmetology fee fund for fiscal year 1997 to terminate and cancel each existing contract for the tracking of continuing education requirements and the above agency is hereby authorized and directed to terminate and cancel each such contract: Provided, That no expenditures shall be made from the cosmetology fee fund for fiscal year 1997 for entering into any contract for the tracking of continuing education requirements: Provided further, That the continuation of any such contract for such tracking is hereby deemed to be not in the best interest of the citizens of the state of Kansas.''; On page 3, in line 18, by striking ``$1,637,813'' and inserting in lieu thereof ``$1,619,178''; On page 4, by striking all in lines 10 through 13; in line 14, by striking ``(b)'' and inserting in lieu thereof ``(a)''; following line 18, by inserting the following material to read as follows: ``(b) (1) In addition to the other purposes for which expenditures may be made by the above agency from the closure term life insurance fund for the fiscal year ending June 30, 1997, as authorized by this or other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from the closure term life insurance fund for fiscal year 1997 for the following, which the secretary of administration is hereby authorized to provide from the closure term life insurance fund: (A) The death benefits authorized by K.S.A. 1996 Supp. 75-4373, and amendments thereto, on a self-insured basis, for which the net amount of the death benefit shall be equal to 150% of the annual rate of compensation of the covered state officer or employee, as of the date the covered state officer or employee is laid off in accordance with K.S.A. 1996 Supp. 75-4373, and amendments thereto; and (B) the costs of self-administering such death benefits or of contracting with a third party for administration of such death benefits. (2) During the fiscal year ending June 30, 1997, upon request of the secretary of ad ministration, the director of accounts and reports shall make periodic transfers of moneys during fiscal year 1997 in amounts specified by the secretary of administration from the state hospital closure account of the state general fund of the department of social and rehabilitation services to the closure term life insurance fund of the department of admin istration. (3) During the fiscal year ending June 30, 1997, upon certification by the secretary of administration to the director of accounts and reports that the unencumbered balance in the closure term life insurance fund is insufficient to pay an amount for which the closure term life insurance fund is liable and that there are insufficient moneys in the state hospital closure account of the state general fund of the department of social and rehabilitation services to transfer pursuant to paragraph (2) of this subsection, the director of accounts and reports shall transfer an amount equal to the insufficiency from the state general fund to the closure term life insurance fund.''; On page 5, in line 31, by striking ``increased'' and inserting in lieu thereof ``decreased''; in line 32, by striking ``$28,867,837'' and inserting in lieu thereof ``$28,367,837''; On page 7, in line 7, by striking ``$8,697,005'' and inserting in lieu thereof ``$8,717,005''; On page 9, following line 34, by inserting the following material to read as follows: ``(r) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Temporary assistance to needy families federal fund - No limit Provided, That expenditures may be made from the temporary assistance to needy families federal fund for computer systems related to welfare reform: Provided, however, That no 618 JOURNAL OF THE SENATE expenditures shall be made from this fund for such computer systems unless the plans for such computer systems have been reviewed by the joint committee on computers and tel ecommunications.''; Also on page 9, following line 40, by inserting the following material to read as follows: ``(b) On the effective date of this act, the expenditure limitation established by section 48(b) of chapter 272 of the 1996 Session Laws of Kansas on the one stop career center system fund is hereby decreased from $500,000 to $70,000. (c) On the effective date of this act, the director of accounts and reports shall transfer $430,000 from the one stop career center system fund of the department of human resources to the Kansas economic development endowment account of the state economic develop ment initiatives fund.''; On page 12, in line 16, after ``expenditures'' by inserting ``(including official hospitality)''; also in line 16, by striking ``$47,967'' and inserting in lieu thereof ``$97,967''; following line 16, by inserting the following: ``Provided, That expenditures shall be made by the department of education from the op erating expenditures (including official hospitality) account for a project to develop a finan cial reporting system for school districts that reformats financial accounting data into more easily understood management reports: Provided further, That expenditures may be made by the department of education from this account to purchase services for such project pursuant to a contract which is hereby authorized to be negotiated and entered into by the department of education with Coopers and Lybrand to serve as consultants to the project.''; Also on page 12, by striking all in line 17; in line 34, by striking ``$53,684'' and inserting in lieu thereof ``$12,986''; following line 34, by inserting the following: ``(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Property sale proceeds fund - No limit Provided, That proceeds from the sale of property pursuant to K.S.A. 75-2701 and amend ments thereto shall be deposited in the state treasury and credited to the property sale proceeds fund.''; Also on page 12, in line 35, by striking ``(b)'' and inserting in lieu thereof ``(c)''; On page 13, by striking all in lines 19 through 30; by striking all in lines 40 through 43; On page 14, by striking all in lines 1 through 8; in line 14, by striking ``$1,250,000'' and inserting in lieu thereof ``$1,750,000''; by striking all in lines 15 through 34 and inserting in lieu thereof the following material to read as follows: ``(b) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $250,000 from the Kansas economic devel opment endowment account of the state economic development initiatives fund of the de partment of commerce and housing to the Kansas technology center gifts and donations fund of Pittsburg state university.''; On page 15, by striking all in lines 6 through 17; by striking all in lines 20 through 31 and inserting in lieu thereof the following material to read as follows: ``(a) There is appropriated for the above agency from the state general fund the follow ing: Operating expenditures (including official hospitality) - $841,652 (b) On the effective date of this act, the expenditure limitation established by section 12(e) of chapter 272 of the 1996 Session Laws of Kansas on the general fees fund is hereby decreased from $38,889,248 to $38,047,596.''; On page 16, by striking all in lines 17 through 28 and inserting in lieu thereof the following material to read as follows: ``(c) There is appropriated for the above agency from the state general fund the follow ing: April 10, 1997 619 Operating expenditures (including official hospitality) - $1,091,325 (d) On the effective date of this act, the expenditure limitation established by section 10(f) of chapter 272 of the 1996 Session Laws of Kansas on the general fees fund is hereby decreased from $69,749,380 to $68,658,055.''; On page 17, by striking all in lines 5 through 16; by striking all in lines 19 through 30 and inserting in lieu thereof the following material to read as follows: ``(a) There is appropriated for the above agency from the state general fund the follow ing: Operating expenditures (including official hospitality) - $375,615 (b) On the effective date of this act, the expenditure limitation established by section 16(d) of chapter 272 of the 1996 Session Laws of Kansas on the general fees fund is hereby decreased from $24,122,481 to $23,746,866.``; On page 20, by striking all in lines 6 through 15; On page 22, after line 38, by inserting the following material to read as follows: ``Sec. 58. DEPARTMENT OF TRANSPORTATION (a) On and after the effective date of this act, the department of transportation is hereby directed that $12,000,000 of the funding available in the other capital improvements account of the state highway fund shall be expended for fiscal year 1997 for design and right-of-way expenses associated with substantial maintenance, major modification and priority bridge projects. Sec. 59. KANSAS TECHNOLOGY ENTERPRISE CORPORATION (a) No moneys appropriated for the fiscal year ending June 30, 1997, by any appropri ation act of the 1996 regular session of the legislature or by this or other appropriation act of the 1997 regular session of the legislature for the Kansas technology enterprise corpo ration shall be expended for any bonus or other payment of additional compensation for any officer or employee of the Kansas technology enterprise corporation, or any subsidiary corporation, agency or instrumentality thereof, except longevity bonus payments pursuant to K.S.A. 75-5541 and amendments thereto or as otherwise specifically authorized by stat ute.''; And by renumbering sections accordingly; On page 1, in the title, in line 36, by striking ``and'' and inserting a comma; in line 37, before the semicolon, by inserting ``, department of transportation and Kansas technology enterprise corporation''; also in line 37, by striking the comma and inserting ``and''; And your committee on conference recommends the adoption of this report. Dave Kerr Alicia Salisbury Marge Petty Conferees on part of Senate Phil Kline Mike Farmer Henry Helgerson, Jr. Conferees on part of House Senator Petty moved the Senate adopt the Conference Committee report on S. Sub. HB 2272. On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jordan, Kerr, Langwor thy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Umbarger, Vidricksen. Nays: Downey, Hensley, Huelskamp, Jones, Karr, Lee, Pugh, Steineger, Tyson. The Conference Committee report was adopted. 620 JOURNAL OF THE SENATE REPORT ON ENGROSSED BILLS SB 43, 99 reported correctly engrossed April 10, 1997. Also, SB 65, 68, 276 correctly re-engrossed April 10, 1997. On motion of Senator Emert, the Senate recessed until 3:00 p.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE HOUSE Announcing passage of HB 2497. Also, announcing passage of SB 69, as amended by House Substitute for SB 69; SB 234, as amended. The House adopts the conference committee report on SB 131. The House adopts the conference committee report on SB 221. The House adopts the conference committee report on Substitute SB 332. The House adopts the Conference Committee Report to agree to disagree on SB 232 and has appointed Representatives Campbell, Glasscock and Welshimer as second conferees on the part of the House. The House concurs in Senate amendments to HB 2020 and requests the Senate to return the bill. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2497 was thereupon introduced and read by title. REFERENCE OF HOUSE BILLS The President referred HB 2497 to the Committee of the Whole. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Oleen the Senate nonconcurred in the House amendments to H. Sub. SB 69 and requested a conference committee be appointed. The President appointed Senators Oleen, Schraad and Jones as a conference committee on the part of the Senate. Senator Jordan moved the Senate Concur in house amendments to SB 166. SB 166, An act concerning hotels; relating to rights and duties of innkeepers and guests, 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 Umbarger moved the Senate Concur in house amendments to SB 184. SB 184, An act relating to sales taxation; authorizing cities located within Labette county to impose a retailers' sales tax; amending K.S.A. 1996 Supp. 12-188 and 79-3606 and re pealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 12, nays 28, present and passing 0; absent or not voting 0. Yeas: Bleeker, Brownlee, Clark, Harrington, Huelskamp, Jordan, Pugh, Salmans, Stei neger, Tyson, Umbarger, Vidricksen. Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano, Gil strap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Schraad, Steffes. The motion to concur failed and SB 184 remains in conference. Senator Clark moved the Senate Concur in house amendments to SB 220. April 10, 1997 621 SB 220, An act concerning the Kansas healing arts act; relating to the supervision and direction of certain personnel by persons licensed to practice the healing arts; concerning use of titles by licensees; amending K.S.A. 65-2885 and K.S.A. 1996 Supp. 65-2837 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 18, nays 22, present and passing 0; absent or not voting 0. Yeas: Barone, Clark, Donovan, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hen sley, Huelskamp, Jones, Karr, Lee, Petty, Pugh, Salmans, Steineger, Tyson. Nays: Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Downey, Emert, Hardenburger, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Schraad, Steffes, Umbarger, Vidricksen. The motion to concur failed and SB 220 remains in conference. Senator Harrington moved the Senate Concur in house amendments to SB 234. Senator Oleen offered a substitute motion the Senate nonconcur in house amendments and a new conference committee be appointed. The substitute motion carried. The Vice-President appointed Senators Oleen, Harrington and Jones as a conference committee on the part of the Senate on SB 234. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 131, submits the following report: The Senate accedes to all House amendments to the bill, and your committee on con ference further agrees to amend the bill, as printed with House Committee amendments, as follows: On page 3, following line 30, by inserting the following: ``Sec. 4. K.S.A. 8-1556 is hereby amended to read as follows: 8-1556. (a) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there is in operation on said the school bus the flashing red lights specified in subsection (a) of K.S.A. 8-1730, and amendments thereto, and said the driver shall not proceed until such school bus resumes motion or said driver is signalled by the school bus driver to proceed or the flashing red lights and the stop signal arm are no longer actuated. (b) Every school bus shall be equipped with red visual signals meeting the requirements of subsection (a) of K.S.A. 8-1730, and amendments thereto, which may be actuated by the driver of said the school bus whenever but only whenever such vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate said the special visual signals: (1) At intersections or other places where traffic is controlled by traffic-control signals or police officers; or (2) in designated school bus loading areas where the bus is entirely off the roadway. (c) Every school bus shall bear upon the front and rear thereof plainly visible: (1) Signs containing the words ``school bus'' in letters not less than eight (8) inches in height; and (2) decals stating ``Warning, $100 Fine for Passing Stopped School Bus with Red Lights Flashing and Stop Sign Activated''. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school or to or from interschool or intraschool functions or activities, or for maintenance, repair or storage purposes all markings thereon indicating ``school bus'' shall be covered or concealed. (d) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlledaccess highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (e) The provisions of this section shall be subject to the provisions contained in K.S.A. 8-2009a, and amendments thereto. Sec. 5. K.S.A. 1996 Supp. 8-2118 is hereby amended to read as follows: 8-2118. (a) A person charged with a traffic infraction shall, except as provided in subsection (b), appear 622 JOURNAL OF THE SENATE at the place and time specified in the notice to appear. If the person enters an appearance, waives right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the uniform fine schedule in subsection (c) and court costs shall be taxed as provided by law. (b) Prior to the time specified in the notice to appear, a person charged with a traffic infraction may enter a written appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the uniform fine schedule in subsection (c) and court costs provided by law. Payment may be made by mail or in person and may be by personal check. The traffic citation shall not have been complied with if a check is not honored for any reason, or if the fine and court costs are not paid in full. When a person charged with a traffic infraction makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest. (c) The following uniform fine schedule shall apply uniformly throughout the state but shall not limit the fine which may be imposed following a court appearance, except an appearance made for the purpose of pleading and payment as permitted by subsection (a). The description of offense contained in the following uniform fine schedule is for reference only and is not a legal definition.

D
Description of Offense Statute Fine
Refusal to submit to a preliminary breath test 8-1012 $30
Unsafe speed for prevailing conditions 8-1557 $20
Exceeding maximum speed limit; or speeding in zone posted by the state department of transportation; or speeding in locally posted zone 8-1558 to 8-1560
8-1560 or 8-1560b
1-10 mph over the limit, $10;
11-20 mph over the limit, $10 plus $2 per mph over 10 mph over the limit; 21-30 mph over the limit, $30 plus $3 per mph over 20 mph over the limit; 31 and more mph over the limit, $60 plus $5 per mph over 30 mph over the limit;
Violating traffic control signal 8-1508 $20
Violating pedestrian control signal 8-1509 $10
Violating lane-control signal 8-1511 $20
Unauthorized sign, signal, marking or device 8-1512 $10
Failure to keep right to pass oncoming vehicle 8-1515 $20
Improper passing; increasing speed when passed 8-1516 $20
Passing on left with insufficient clearance 8-1518 $20
Driving on left side where curve, grade, intersection railroad crossing, or obstructed view 8-1519 $20
Driving wrong direction on one-way road 8-1521 $20
Improper driving on laned roadway 8-1522 $20
Improper crossover on divided highway 8-1524 $10
Failure to yield right-of-way at uncontrolled intersection 8-1526 $20
Failure to yield to approaching vehicle when turning left 8-1527 $20
Failure to yield at stop or yield sign 8-1528 $20
Failure to yield to emergency vehicle 8-1530 $30
Failure to yield to pedestrian or vehicle working on roadway 8-1531 $10
Failure to comply with restrictions in road construction zone 8-1531a $10
Disobeying pedestrian traffic control device 8-1532 $10
Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering roadway; passing vehicle stopped for pedestrian at crosswalk 8-1533 $20
Failure to exercise due care in regard to pedestrian 8-1535 $10
Improper pedestrian movement in crosswalk 8-1536 $10
Improper use of roadway by pedestrian 8-1537 $10
Soliciting ride or business on roadway 8-1538 $10
Failure to yield to pedestrian on sidewalk 8-1540 $10
Failure of pedestrian to yield to emergency vehicle 8-1541 $10
Failure to yield to blind pedestrian 8-1542 $10
Improper turn or approach 8-1545 $20
Unsafe starting of stopped vehicle 8-1547 $10
Unsafe turning or stopping, failure to give proper signal; using turn signal unlawfully 8-1548 $20
Improper method of giving notice of intention to turn 8-1549 $10
Improper hand signal 8-1550 $10
Failure to stop or obey railroad crossing signal 8-1551 $60
Failure to stop at railroad crossing stop sign 8-1552 $40
Certain hazardous vehicles failure to stop at railroad crossing 8-1553 $60
Improper moving of heavy equipment at railroad crossing 8-1554 $20
Vehicle emerging from alley, private roadway, building or driveway 8-1555 $20
Improper passing of school bus; improper use of school bus signals 8-1556 $60$100
Improper passing of church or day-care bus; improper use of signals 8-1556a $60
Impeding normal traffic by slow speed 8-1561 $10
Speeding on motor-driven cycle 8-1562 $20
Improper stopping, standing or parking on roadway 8-1569 $10
Parking, standing or stopping in prohibited area 8-1571 $10
Improper parking 8-1572 $10
Driving on sidewalk 8-1575 $10
Driving with view or driving mechanism obstructed 8-1576 $10
Riding in house trailer 8-1578 $10
Improper driving in defiles, canyons, or on grades 8-1579 $10
Following fire apparatus too closely 8-1581 $20
Putting glass, etc., on highway 8-1583 $30
Driving into intersection, crosswalk, or crossing without sufficient space on other side 8-1584 $10
Improper operation of snowmobile on highway 8-1585 $10
Parental responsibility of child riding bicycle 8-1586 $10
Not riding on bicycle seat; too many persons on bicycle 8-1588 $10
Clinging to other vehicle 8-1589 $10
Carrying articles on bicycle; one hand on handlebars 8-1591 $10
Improper bicycle lamps, brakes or reflectors 8-1592 $10
Improper operation of motorcycle; seats; passengers, bundles 8-1594 $10
Improper operation of motorcycle on laned roadway 8-1595 $20
Motorcycle clinging to other vehicle 8-1596 $10
Improper motorcycle handlebars or passenger equipment 8-1597 $20
Unlawful riding on vehicle 8-1578a $20
Unlawful operation of all-terrain vehicle 8-15,100 $20
Equipment offenses that are not misdemeanors 8-1701 $20
Defective headlamps 8-1705 $10
Defective reflector 8-1707 $10
Improper stop lamp or turn signal 8-1708 $10
Improper lamp color on certain vehicles 8-1711 $10
Improper mounting of reflectors and lamps on certain vehicles 8-1712 $10
Improper visibility of reflectors and lamps on certain vehicles 8-1713 $10
Improper lamps on parked vehicle 8-1716 $10
Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving vehicles 8-1717 $10
Improper lamps and equipment on implements of husbandry, road machinery or animal-drawn vehicles 8-1718 $10
Unlawful use of spot, fog, or auxiliary lamp 8-1719 $10
Improper stop or turn signal8-1721$10 Improper vehicular hazard warning lamp 8-1722 $10
Unauthorized additional lighting equipment 8-1723 $10
Failure to dim headlights 8-1725 $20
Improper single-beam headlights 8-1726 $10
Improper number of driving lamps 8-1728 $10
Unauthorized lights and signals 8-1729 $10
Improper school bus lighting equipment and warning devices 8-1730 $10
Unauthorized lights and devices on church or daycare bus 8-1730a $10
Improper lights on highway construction or maintenance vehicles 8-1731 $10
Defective or improper use of horn or warning device 8-1738 $10
Defective mirror 8-1740 $10
Defective wipers; obstructed windshield or windows 8-1741 $10
Improper flares or warning devices 8-1744 $10
Improper use of vehicular hazard warning lamps and devices 8-1745 $10
TV screen visible to driver 8-1748 $10
Improper safety belt or shoulder harness 8-1749 $10
Improper wide-based single tires 8-1742b $20
Defective motorcycle tail lamp 8-1802 $10
Defective motorcycle stop lamps and turn signals 8-1804 $10
Defective multiple-beam lighting 8-1805 $10
Improper road-lighting equipment on motor-driven cycles 8-1806 $10
Defective motorcycle or motor-driven cycle brakes 8-1807 $10
Improper performance ability of brakes 8-1808 $10
Operating motorcycle with disapproved braking system 8-1809 $10
Defective horn, muffler, mirrors or tires 8-1810 $10
Unlawful statehouse parking 75-4510a $5
 
  (d)  Traffic offenses classified as traffic infractions by this section
shall be classified as ordinance traffic infractions by those cities adopting
ordinances prohibiting the same offenses. A schedule of fines for all
ordinance traffic infractions shall be established by the municipal judge in
the manner prescribed by K.S.A. 12-4305 and amendments thereto. Such fines
may vary from those contained in the uniform fine schedule contained in
subsection (c).
  (e)  Fines listed in the uniform fine schedule contained in subsection (c)
shall be doubled if a person is convicted of a traffic infraction, which is
defined as a moving violation in accordance with rules and regulations
adopted pursuant to K.S.A. 8-249, and amendments thereto, committed within
any road construction zone as defined in K.S.A. 1996 Supp. 81458a, and
amendments thereto.'';
  And by renumbering sections accordingly;
  Also on page 3, in line 31, preceding ``K.S.A.'' by inserting ``K.S.A.
8-1556 and''; also in line 31, following ``8-2009a'' by inserting ``,
8-2117'';
  On page 1, in the title, in line 12, by striking all following the
semicolon and inserting ``increasing certain penalties; amending K.S.A.
8-1556 and K.S.A. 1996 Supp. 8-2009a, 82118'';
  And your committee on conference recommends the adoption of this report.
Gary Hayzlett
Andrew Howell
Herman G. Dillon Conferees on part of House

626                          JOURNAL OF THE SENATE

Ben Vidricksen
Nick Jordan
Gerald L. Karr Conferees on part of Senate   Senator Vidricksen moved the
Senate adopt the Conference Committee report on SB 131.
  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, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 221, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on conference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
  On page 3, in line 32, after ``any'' by inserting ``peer review
committee''; in line 33, by striking all after ``testimony''; in line 34, by
striking ``this section'';
  On page 4, in line 22, by striking ``not rely solely on'' and inserting
``review''; in line 23, by striking ``and'' and inserting ``but'';
  On page 6, in line 3, before ``report'' by inserting ``peer review
committee''; also in line 3, by striking ``relating to any''; in line 4, by
striking all before ``is''; in line 29, by striking ``not rely solely''; in
line 30, by striking ``on'' and inserting ``review''; also in line 30, by
striking ``and'' and inserting ``but''; by striking all in lines 37 through
43;
  By striking all of page 7;
  On page 8, by striking all in line 1;
  And by renumbering sections accordingly;
  Also on page 8, in line 2, by striking ``65-180 and'';
  On page 1, in the title, in line 16, by striking ``; relating to health
care''; in line 17, by striking all after the semicolon; in line 18, by
striking all before ``amending''; in line 19, by striking ``65-180 and'';
  And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House Sandy Praeger
Larry D. Salmans
Janis K. Lee Conferees on part of Senate   Senator Praeger moved the Senate
adopt the Conference Committee report on SB 221.
  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, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 232, submits the following report:

                                 April 10, 1997                             627

  Your committee on conference agrees to disagree and recommends that a new
conference committee be appointed;
  And your committee on conference recommends the adoption of this report.
Larry L. Campbell
Kent Glasscock
Gwen Welshimer Conferees on part of House Janice L. Hardenburger
Rich Becker
U. L. Gooch Conferees on part of Senate   On motion of Senator Hardenburger,
the Senate adopted the conference committee report on SB 232, and
requested a new conference committee be appointed.
  The President appointed Senators Hardenburger, Becker and Gooch as a second
conference committee on the part of the Senate on SB 232.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House
amendments to Substitute for SB 332, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on conference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
  On page 4, in line 25, by striking ``pri-''; in line 26, by striking
``marily'' and inserting ``exclusively'';
  On page 5, in line 14, by striking ``1998'' and inserting ``1999''; by
striking all of lines 35 through 43;
  On page 6, in line 1, by striking ``1998'' and inserting ``1999''; in line
13, by striking ``except as provided in section 3,''; by striking all of
lines 23 through 30; in line 31, by striking ``1998'' and inserting ``1999'';
  And by renumbering sections accordingly;
  And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Andrew Howell
Daniel J. Thimesch Conferees on part of House Ben Vidricksen
Nick Jordan
Mark Gilstrap Conferees on part of Senate   Senator Lee moved the Senate
adopt the Conference Committee report on Sub. SB 332.
  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, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2071, submits the following report:
  The House accedes to all the Senate amendments to the bill, and your
committee on conference further agrees to amend the bill, as printed with
Senate Committee amendments, as follows:
  On page 6, following line 20, by inserting a section as follows:

628                          JOURNAL OF THE SENATE

  ``Sec. 3.  K.S.A. 40-414 is hereby amended to read as follows: 40-414. (a)
If a life insurance company or fraternal benefit society issues any policy of
insurance, including a contract of annuity, or beneficiary certificates
upon the life of an individual and payable at the death of the insured, or in
any given number of years, to any person or persons having an insurable
interest in the life of the insured, the policy and its reserves, or their
present value, shall inure to the sole and separate use and benefit of the
beneficiaries named in the policy and shall be free from:
  (1)  The claims of the insured or the insured's creditors and
representatives;
  (2)  the claims of any policyholder or the policyholder's creditors and
representatives, subject to the provisions of subsection (b);
  (3)  all taxes, subject to the provisions of subsection (d); and
  (4)  the claims and judgments of the creditors and representatives of any
person named as beneficiary in the policy of insurance.
  (b)  The nonforfeiture value of a life insurance or annuity policy
shall not be exempt from:
  (1)  Claims of the creditors of a policyholder who files a bankruptcy
petition under 11 U.S.C. (section) 101 et seq. on or within one year after
the date the life insurance policy is issued on or within three
years after the date the annuity policy is issued; or
  (2)  the claim of any creditor of a policyholder if execution on judgment
for the claim is issued on or within one year after the date that the life
insurance policy is issued or on or within three years after the date
the annuity policy is issued.
  (c)  Nothing in this section shall be construed as restricting the right of
the insured to change the beneficiary if the policy reserves that right to
the insured.
  (d)  Nothing in this section shall be construed as exempting from taxation
any real estate which may at any time be carried by any life insurance
company as a part of its legal reserve.
  (e)  The provisions of subsection (b) shall apply only to life insurance
or annuity policies purchased on or after July 1, 1988.
  (f)  The provisions of subsection (b) shall not apply to that portion of
the nonforfeiture value of a life insurance policy, issued on or within one
year of the filing of a bankruptcy petition under 11 U.S.C. (section) 101 et
seq. or an execution on judgment for the claim of the creditor, which is
derived from the surrender of a life insurance policy issued more than one
year prior to such bankruptcy petition or such execution.
  (g)  The provisions of subsection (b) shall not apply to that portion of
the nonforfeiture value of an annuity policy, issued on or within three years
of the filing of a bankruptcy petition under 11 U.S.C. &101 et
seq. or an execution on judgment for the claim of the creditor, which
is derived from the surrender of an annuity policy issued more than three
years prior to such bankruptcy petition or such execution.'';
  And by renumbering the remaining sections accordingly;
  Also on page 6, in line 21, before ``40-241i'' by inserting ``40-112, as
amended by section 2 of 1997 House Bill No. 2104,''; also in line 21, after
``40-241i'', by inserting ``, 40-2,125, as amended by section 6 of 1997 House
Bill 2104, and 40-414'';
  In the title, in line 12, after ``insurance'' by inserting a semicolon; in
line 15, after ``241i'' by inserting ``and 40-414''; in line 15, after
``sections'' by inserting ``; also repealing 40-112, as amended by section 2
of 1997 House Bill No. 2104, and 40-2,125, as amended by section 6 of 1997
House Bill No. 2104'';
  And your committee on conference recommends the adoption of this report.
Don Steffes
Sandy Praeger
Paul Feleciano, Jr. Conferees on part of Senate Tom Bradley
Dennis M. Wilson
Nancy Kirk Conferees on part of House

                                 April 10, 1997                             629

  Senator Steffes moved the Senate adopt the Conference Committee report on
HB 2071.
  On roll call, the vote was: Yeas 22, nays 18, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Feleciano, Gilstrap,
Gooch, Hardenburger, Hensley, Jones, Kerr, Langworthy, Morris, Oleen,
Praeger, Ranson, Salisbury, Schraad, Steffes, Vidricksen.
  Nays: Bleeker, Clark, Donovan, Downey, Emert, Goodwin, Harrington,
Huelskamp, Jordan, Karr, Lawrence, Lee, Petty, Pugh, Salmans, Steineger,
Tyson, Umbarger.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to SENATE Substitute for HB 2160, 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 3, following line 27, by inserting the following material to read
as follows:
``Provided, That expenditures shall be made by the above agency from
the cosmetology fee fund for fiscal year 1998 to terminate and cancel any
existing contract for the tracking of continuing education requirements and
the above agency is hereby authorized and directed to terminate and cancel
any such contract: Provided further, That no expenditures shall be made
by the above agency from this fund for fiscal year 1998 for entering into any
contract for the tracking of continuing education requirements: And
provided further, That the con tinuation of any such contract for such
tracking is hereby deemed to be not in the best interest of the citizens of
the state of Kansas.'';
  Also on page 3, following line 28, by inserting the following material to
read as follows:
``Provided, That expenditures shall be made by the above agency from
the cosmetology fee fund for fiscal year 1999 to terminate and cancel any
existing contract for the tracking of continuing education requirements and
the above agency is hereby authorized and directed to terminate and cancel
any such contract: Provided further, That no expenditures shall be made
by the above agency from this fund for fiscal year 1999 for entering into any
contract for the tracking of continuing education requirements: And
provided further, That the con tinuation of any such contract for such
tracking is hereby deemed to be not in the best interest of the citizens of
the state of Kansas.'';
  On page 8, in line 19, by striking ``$215,086'' and inserting in lieu
thereof ``$216,236'';
  On page 9, in line 21, by striking ``17.5'' and inserting in lieu thereof
``16.5''; in line 22, by striking ``17.5'' and inserting in lieu thereof
``16.5'';
  On page 10, in line 1, by striking ``savings incentive'' and
inserting in lieu thereof ``quality''; in line 5, after ``act'' by
inserting ``that is participating in the Kansas quality program under K.S.A.
1996 Supp. 75-37,115 and amendments thereto''; in line 6, by striking
``Salary'' and inserting in lieu thereof ``Quality awards that are salary'';
in line 7, after ``state agency'' by inserting ``pursuant to subsection (c)
of K.S.A. 1996 Supp. 75-37,115 and amendments thereto''; in line 11, by
striking ``including official hospitality'' and inserting in lieu thereof
``in support of the Kansas quality program''; in line 19, after ``That'' by
inserting ``, in addition to the limitations prescribed by K.S.A. 1996 Supp.
75-37,115 and amendments thereto,''; in line 31, after ``act'' by inserting
``that is participating in the Kansas quality program under K.S.A. 1996 Supp.
75-37,115 and amendments thereto''; in line 32, by striking ``Salary'' and
inserting in lieu thereof ``Quality awards that are salary''; in line 33,
after ``state agency'' by inserting ``pursuant to subsection (c) of K.S.A.
1996 Supp. 75-37,115 and amendments thereto''; in line 37, by striking
``including official hospitality'' and inserting ``in support of the Kansas
quality program'';
  On page 11, in line 3, after ``That'' by inserting ``, in addition to the
limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and amendments
thereto,''; in line 13, by striking ``(1)''; in line 14, before ``account''
by inserting ``Kansas quality management account or KQM ex penditures''; in
line 15, before ``which'' by inserting ``which was established under the
Kansas

630                          JOURNAL OF THE SENATE

quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto
or''; by strik ing all in lines 26 through 30;
  On page 13, in line 10, by striking ``$9,990,493'' and inserting in lieu
thereof ``$10,072,993'';
  On page 20, following line 5, by inserting the following material to read
as follows:
                                     ``Athlete agent fee fund - No limit'';
  On page 21, in line 4, before ``preceding'' by inserting ``second''; in
line 9, after ``the'' where it appears for the last time by inserting
``second''; in line 11, before ``preceding'' by inserting ``second'';
  On page 25, in line 16, by striking ``$69,371,309'' and inserting in lieu
thereof ``$69,516,309''; in line 36, before the period, by inserting the
following: ``: And provided further, That expenditures may be made from
this account for an additional full-time equiv alent attorney position and an
additional full-time equivalent secretary position in fiscal year 1998, which
are in addition to those full-time equivalent positions approved for the
judicial branch in fiscal year 1997: And provided further, That such
additional positions added for fiscal year 1998 shall be unclassified
temporary positions: And provided further, That the judicial branch
shall report to the legislature during the 1998 regular session the outcome
of its study of judicial branch efficiencies and shall report to the
legislature during the 1998 regular session on how all moneys appropriated by
the legislature during the 1997 regular session above the amount recommended
by the governor are allocated and are being ex pended during fiscal year
1998'';
  On page 27, in line 24, by striking ``$1,445,083'' and inserting in lieu
thereof ``$1,410,083'';
  On page 28, in line 33, before the period, by inserting the following: ``:
And provided further, That the state corporation commission shall
include as part of the fiscal year 1999 budget estimates for the state
corporation commission submitted pursuant to K.S.A. 753717, and amendments
thereto, a three-year projection of receipts to and expenditures from the
conservation fee fund for fiscal years 1999, 2000 and 2001'';
  On page 32, by striking all in lines 5 through 8; following line 14, by
inserting the following material to read as follows:
``Kansas performance review board fundNo limit Closure health insurance
fundNo limit
                             Closure term life insurance fund - No limit'';
  On page 38, following line 18, by inserting the following material to read
as follows:
  ``(k) (1)  In addition to the other purposes for which expenditures may be
made by the above agency from the closure term life insurance fund for the
fiscal year ending June 30, 1998, as authorized by this or other
appropriation act of the 1997 regular session of the legislature,
expenditures may be made by the above agency from closure term life insurance
fund for fiscal year 1998 for the following, which the secretary of
administration is hereby authorized to provide from the closure term life
insurance fund:
  (A)  The death benefits authorized by K.S.A. 1996 Supp. 75-4373, and
amendments thereto, on a self-insured basis, for which the net amount of the
death benefit shall be equal to 150% of the annual rate of compensation of
the covered state officer or employee, as of the date the covered state
officer or employee is laid off in accordance with K.S.A. 1996 Supp. 75-4373,
and amendments thereto; and
  (B)  the costs of self-administering such death benefits or of contracting
with a third party for administration of such death benefits.
  (2)  During the fiscal year ending June 30, 1998, upon request of the
secretary of ad ministration, the director of accounts and reports shall make
periodic transfers of moneys during fiscal year 1998 in amounts specified by
the secretary of administration from the state hospital closure account of
the state general fund of the department of social and rehabilitation
services to the closure term life insurance fund of the department of admin
istration.
  (3)  During the fiscal year ending June 30, 1998, upon certification by the
secretary of administration to the director of accounts and reports that the
unencumbered balance in the closure term life insurance fund is insufficient
to pay an amount for which the closure term life insurance fund is liable and
that there are insufficient moneys in the state hospital

                                 April 10, 1997                             631

closure account of the state general fund of the department of social and
rehabilitation services to transfer pursuant to paragraph (2) of this
subsection, the director of accounts and reports shall transfer an amount
equal to the insufficiency from the state general fund to the closure term
life insurance fund.'';
  Also on page 38, in line 35, by striking ``$1,424,171'' and inserting in
lieu thereof ``$1,404,171'';
  On page 39, in line 6, by striking ``$27,925,817'' and inserting in lieu
thereof ``$27,846,040''; in line 10, before the period, by inserting the
following: ``: Provided further, That expenditures from this account
for salaries and wages of employees in the property valuation division shall
not exceed $3,111,320''; in line 16, by striking ``$28,859,120'' and
inserting in lieu thereof ``$28,850,255''; in line 19, by striking
``$16,839,338.'' and inserting in lieu thereof the following material to read
as follows:  ``$16,830,473: And provided further, That expenditures
from this fund for salaries and wages of employees in the property val uation
division shall not exceed $345,701: And provided further, That any
expenditure from the division of vehicles operating fund of the department of
revenue to reimburse the audit services fund of the division of post audit
for a financial-compliance audit in an amount certified by the legislative
post auditor shall be in addition to any expenditure limitation imposed on
the division of vehicles operating fund for the fiscal year ending June 30,
1998.'';
  On page 42, in line 22, by striking ``$8,471,243'' and inserting in lieu
thereof ``$8,171,243''; in line 35, by striking ``31%'' and inserting in lieu
thereof ``31.25%'';
  On page 43, in line 30, by striking ``$2,078,453'' and inserting in lieu
thereof ``$2,003,453''; in line 43, by striking ``No limit'' and inserting in
lieu thereof ``$400,000'';
  On page 45, following line 13, by inserting the following material to read
as follows:
  ``(h)  On July 1, 1997, the director of accounts and reports shall transfer
$200,000 from the horse fair racing benefit fund to the state racing fund for
the purpose of reimbursing the state racing and gaming commission for
previous expenditures to subsidize county fair parimutuel racing.'';
  On page 48, in line 22, by striking ``$13,953,258'' and inserting in lieu
thereof ``$13,995,475''; in line 36, by striking ``$8,178,658'' and inserting
in lieu thereof ``$8,170,875''; in line 42, before the period, by inserting:
``Provided further, That $50,000 shall be expended by the above agency
from this subaccount for a study and development of a strategic tourism plan:
And provided further, That such study shall: (1) Analyze the strengths,
weaknesses, opportunities and threats that face development of Kansas
tourism; (2) address the inter relationship between public and private sector
efforts in developing Kansas tourism; (3) address the interrelationship
between state and local interests in developing Kansas tourism;   (4) make
specific recommendations for the attraction, development and improvement of
tourism in Kansas; and (5) be completed by January 1, 1998: And provided
further, That a report on such study's results and the recommendations
derived therefrom, including the strategic tourism plan, shall be presented
to the house of representatives committee on tourism, senate committee on
transportation and tourism, house of representatives com mittee on
appropriations, senate committee on ways and means and to the governor during
the 1998 regular session of the legislature'';
  On page 49, following line 17, by inserting the following material to read
as follows:
``Provided, That all expenditures from the training equipment grant
program subaccount of the Kansas economic development endowment account of
the state economic development initiatives fund shall be for grants to
community colleges, area vocational schools and area vocational-technical
schools: Provided further, That no grant under the training equipment
grant program shall be awarded by the secretary of commerce and housing
without the approval of the board of directors of the Kansas technology
enterprise corporation.'';
  Also on page 49, in line 25, by striking ``$0'' and inserting in lieu
thereof ``$50,000'';
  On page 51, in line 7, by striking ``$225,000'' and inserting in lieu
thereof ``$350,000'';
  On page 52, in line 24, by striking ``$1,107,443'' and inserting in lieu
thereof ``$1,107,435''; in line 32, by striking ``$1,106,961'' and inserting
in lieu thereof ``$1,108,330''; following line 36, by inserting the following
material to read as follows:
  ``(e)  No moneys appropriated for the fiscal year ending June 30, 1998, by
this or other appropriation act of the 1997 regular session of the
legislature for the Kansas technology

632                          JOURNAL OF THE SENATE

enterprise corporation shall be expended for any bonus or other payment of
additional compensation for any officer or employee of the Kansas technology
enterprise corporation, or any subsidiary corporation, agency or
instrumentality thereof, except longevity bonus payments pursuant to K.S.A.
75-5541 and amendments thereto or as otherwise specifically authorized by
statute.'';
  On page 53, in line 1, by striking ``1,192.5'' and inserting in lieu
thereof ``1,190.5''; fol lowing line 1, by inserting the following material
to read as follows:
``Provided, That, within the limitation on the number of full-time and
regular part-time positions equated to full-time, excluding seasonal and
temporary positions, established for the department of revenue, the number of
full-time and regular part-time positions equated to full-time, excluding
seasonal and temporary positions, in the division of property valuation shall
not exceed 78.0 full-time equivalent positions.'';
  Also on page 53, in line 3, by striking ``42.0'' and inserting in lieu
thereof ``39.0'';
  On page 54, by striking all in lines 34 through 38;
  On page 55, following line 9, by inserting the following material to read
as follows:
  ``Winfield state hospital and training center acquisition - $2,500,000'';
  Also on page 55, in line 22, by striking ``$13,732,171'' and inserting in
lieu thereof ``$13,508,673''; in line 26, before the period, by inserting the
following: ``: Provided further, That expenditures shall be made from
this account for purposes of a reorganization and reassignment of duties and
staff within the division of environment of the department of health and
environment, which reorganization and reassignment is hereby authorized and
directed to be conducted by the secretary of health and environment for the
purposes of providing better service and greater efficiency''; in line 27, by
striking ``$4,339,729'' and inserting in lieu thereof ``$4,289,347'';
  On page 61, in line 34, by striking ``40-2251'' and inserting in lieu
thereof ``40-225l'';
  On page 62, in line 33, after the colon, by inserting the following:
``And provided further, That expenditures of $120,000 shall be made
from this account for a pilot program to reduce client waiting lists for
senior care act services from two area agencies on aging: And provided
further, That expenditures of $7,500 shall be made from this account for
the retired and senior volunteer program (RSVP): And provided further,
That such expenditures from this account for the retired and senior volunteer
program (RSVP) shall be in addition to the amount otherwise appropriated for
the retired and senior volunteer program (RSVP) by this or other
appropriation act of the 1997 regular session of the legislature:''; in line
38, by striking ``$4,830,141'' and inserting in lieu thereof ``$4,702,641'';
  On page 63, in line 6, after the colon, by inserting the following:
``And provided further, That the secretary on aging, on or before
December 1, 1997, shall report to the house of representatives committee on
appropriations the first quarter data for Kansas senior care act programs for
fiscal year 1998, including, but not limited to, the number of persons served
by each such program: And provided further, That the secretary on aging
may shift funding between the Kansas senior care act programs and the income
eligible program at the se cretary's discretion: And provided further,
That the secretary on aging shall report each such shift of funding to the
Kansas legislative research department and the SRS transition oversight
committee:''; in line 7, by striking ``$37,500'' and inserting in lieu
thereof ``$30,000''; following line 8, by inserting the following material to
read as follows:
``Provided, That the secretary on aging, on or before December 1, 1997,
shall report to the house of representatives committee on appropriations the
first quarter data for the home and community-based services/frail elderly
program, the nursing facilities program and the income eligible program for
fiscal year 1998, including, but not limited to, the number of persons served
by each such program.'';
  Also on page 63, following line 32, by inserting the following material to
read as follows:
                           ``Area agencies on aging loan recovery fund - $0
Provided, That the secretary on aging recover all moneys loaned to the
area agencies on aging by the department on aging during fiscal year 1997 for
purposes related to the transfer of long-term care programs from the
department of social and rehabilitation services to the department on aging:
Provided further, That all moneys received by the secretary on aging

                                 April 10, 1997                             633

for repayment of moneys loaned to area agencies on aging for such purposes
shall be de posited in the state treasury and credited to the area agencies
on aging loan recovery fund.'';
  On page 64, in line 29, by striking ``$165,808,114'' and inserting in lieu
thereof ``$164,558,114'';
  On page 65, following line 4, by inserting the following material to read
as follows:
                         ``Children's mental health initiative - $1,000,000
Provided, That no expenditures shall be made from the children's mental
health initiative account for inpatient hospital beds for children.'';
  Also on page 65, in line 37, by striking ``$156,836,670'' and inserting in
lieu thereof ``$154,336,670''; in line 42, before the period, by inserting
``; state hospital closure'';
  On page 68, in line 23, by striking ``$52,537,345'' and inserting in lieu
thereof ``$55,037,345'';
  On page 69, following line 2, by inserting the following material to read
as follows:
``Provided, That no expenditures shall be made from the temporary
assistance to needy families federal fund for computer systems related to
welfare reform until the plans for computer systems related to welfare reform
are reviewed by the joint committee on com puters and telecommunications.'';
  Also on page 69, in line 26, by striking ``$12,304,329'' and inserting in
lieu thereof ``$12,278,329''; in line 27, by striking ``$12,197,190'' and
inserting in lieu thereof ``$12,093,190''; in line 28, by striking
``$8,296,860'' and inserting in lieu thereof ``$8,226,860''; in line 29, by
striking ``$10,078,936'' and inserting in lieu thereof ``$10,057,936''; in
line 30, by striking ``$2,942,018'' and inserting in lieu thereof
``$2,916,018''; in line 31, by striking ``$1,425,423'' and inserting in lieu
thereof ``$1,422,423''; following line 32, by inserting the following
material to read as follows:
  ``(d)  During the fiscal year ending June 30, 1998, the secretary of social
and rehabili tation services shall transfer moneys from the title XIX fund to
the budgets of the state institutions in amounts equal to the state general
fund amounts deleted from the budgets in subsection (c) which, in the
aggregate, shall total $250,000.'';
  And by relettering subsections accordingly;
  On page 73, by striking all in lines 8 through 12;
  On page 75, following line 13, by inserting the following material to read
as follows:
``Technology equipment at community colleges and Washburn
                                                    university - $1,000,000
Provided, That the department of education is hereby authorized to make
expenditures from the technology equipment at community colleges and Washburn
university account for grants to community colleges and Washburn university
pursuant to grant applications for the purchase of technology equipment, in
accordance with guidelines established by the state board of education.'';
  Also on page 75, following line 43, by inserting the following material to
read as follows:
                             ``Environmental education program - $25,000'';
  On page 78, by striking all in lines 32, through 36 and inserting in lieu
thereof the fol lowing:
  ``(g)  During the fiscal year ending June 30, 1998, no expenditures shall
be made by the department of education from any moneys appropriated in the
special education services aid account of the state general fund for the
fiscal year ending June 30, 1998, by this or other appropriation act of the
1997 regular session of the legislature, for any payment to any unified
school district or to any special education cooperative organization after
August 1, 1997, unless (1) the unified school district or special education
cooperative organization has certified to the department of education and the
department of social and rehabilitation services on or before August 1, 1997,
whether or not the unified school district or special education cooperative
organization has been approved as a federal medicaid provider, and   (2) if
the unified school district or special education cooperative organization has
been approved as a federal medicaid provider, the unified school district or
special education cooperative organization has included in such certification
to the department of education

634                          JOURNAL OF THE SENATE

and the department of social and rehabilitation services (A) the aggregate
amount of federal medicaid moneys received by the unified school district or
special education cooperative organization during the fiscal year 1997, (B)
the aggregate amount of such federal medicaid moneys expended by the unified
school district or special education cooperative organization during fiscal
year 1997, (C) the aggregate amount expended from each fund of the unified
school district or special education cooperative organization during fiscal
year 1997 to satisfy the federal medicaid matching requirement, and (D) a
listing of the kinds and amounts of services purchased by the expenditure of
such federal medicaid moneys and such matching amounts by the unified school
district or special education cooperative organization during fiscal year
1997.'';
  On page 79, following line 4, by inserting the following material to read
as follows:
``Provided, That, of the moneys appropriated in the grants to libraries
and library systems account $1,964,496 is to be distributed as grants-in-aid
to libraries in accordance with K.S.A. 75-2555 and amendments thereto,
$619,381 is to be distributed for interlibrary loan devel opment grants and
$378,356 is to be paid according to contracts with the subregional li braries
of the Kansas talking book services.'';
  Also on page 79, in line 25, after ``for'' by inserting ``each''; also in
line 25, before the colon, by inserting ``project''; in line 43, after
``for'' by inserting ``each''; also in line 43, before the colon, by
inserting ``project'';
  On page 80, in line 39, after ``for'' by inserting ``each''; in line 40,
before the colon, by inserting ``project'';
  On page 81, following line 19, by inserting the following material to read
as follows:
``Provided, That all expenditures from the technology lending library
account shall be made only for the purpose of matching an equal or greater
amount of federal or other nonstate governmental grant moneys or private
grant or donation moneys, or any combination thereof, received by the Kansas
state school for the blind: Provided further, That no ex penditures
shall be made from this account except upon approval of the state finance
council acting on this matter which is hereby characterized as a matter of
legislative delegation and subject to the guidelines prescribed in subsection
(c) of K.S.A. 75-3711c and amendments thereto, after receiving information
that the Kansas state school for the blind has received the required matching
funds.
  (b)  There is appropriated for the above agency from the state institutions
building fund for the fiscal year ending June 30, 1998, for the capital
improvement project or projects specified as follows:
                                         Replacement of carpet - $30,000'';
  Also on page 81, in line 20, by striking ``(b)'' and inserting in lieu
thereof ``(c)'';
  On page 82, in line 5, by striking ``$6,693,473'' and inserting in lieu
thereof ``$6,728,318''; in line 30, by striking ``$5,533,105'' and inserting
in lieu thereof ``$5,516,367'';
  On page 84, in line 2, by striking ``101.5'' and inserting in lieu thereof
``93.5''; in line 3, by striking ``201.5'' and inserting in lieu thereof
``203.5''; in line 29, by striking all after ``fund''; by striking all in
line 30; in line 31, by striking all before the period;
  On page 85, in line 14, by striking ``who began''; also in line 14, by
striking ``after''; in line 15, by striking ``July 1, 1996,'';
  On page 86, in line 24, by striking ``$90,627,449'' and inserting in lieu
thereof ``$91,502,767''; in line 26, before ``account'' by inserting
``account of Kansas state university''; also in line 26, by striking ``is''
and inserting ``and any unencumbered balance in the operating expenditures
(including official hospitality) account of Kansas state university--Salina,
col lege of technology in excess of $100 as of June 30, 1997, are''; also in
line 26, after ``reap propriated'' by inserting ``to the operating
expenditures (including official hospitality) ac count of Kansas state
university'';
  On page 87, in line 3, by striking ``$40,533,819'' and inserting in lieu
thereof ``$39,658,501''; in line 8, by striking all after ``fund''; by
striking all in line 9; in line 10, by striking all before the period;
  On page 88, in line 5, by striking ``who began''; in line 6, by striking
``after July 1, 1996,''; following line 42, by inserting the following
material to read as follows:

                                 April 10, 1997                             635

``Salina--student union fees fundNo limit
                 Salina--dormitory and food service fees fund - No limit'';
  On page 89, following line 25, by inserting the following material to read
as follows:
  ``(g)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the general fees fund of Kansas state university--Salina,
college of technology to the general fees fund of Kansas state university. On
July 1, 1997, all liabilities of the general fees fund of Kansas state
university--Salina, college of technology are hereby transferred to and im
posed on the general fees fund of Kansas state university and the general
fees fund of Kansas state university--Salina, college of technology is hereby
abolished.
  (h)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in each account of the restricted fees fund of Kansas state
university--Salina, college of tech nology to the appropriate new or existing
account of the restricted fees fund of Kansas state university, as certified
by the president of Kansas state university. On July 1, 1997, all liabilities
of the restricted fees fund of Kansas state university--Salina, college of
technology are hereby transferred to and imposed on the restricted fees fund
of Kansas state university and the restricted fees fund of Kansas state
university--Salina, college of technology is hereby abolished.
  (i)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in each account of the service clearing fund of Kansas state
university--Salina, college of technology to the appropriate new or existing
account of the service clearing fund of Kansas state university, as certified
by the president of Kansas state university. On July 1, 1997, all liabilities
of the service clearing fund of Kansas state university--Salina, college of
technol ogy are hereby transferred to and imposed on the service clearing
fund of Kansas state university and the service clearing fund of Kansas state
university--Salina, college of tech nology is hereby abolished.
  (j)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the equipment reserve fund of Kansas state university--Salina,
college of technology to the equipment reserve fund of Kansas state
university. On July 1, 1997, all liabilities of the equipment reserve fund of
Kansas state university--Salina, college of technology are hereby transferred
to and imposed on the equipment reserve fund of Kansas state university and
the equipment reserve fund of Kansas state university--Salina, college of
technology is hereby abolished.
  (k)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the housing system suspense fund of Kansas state
university--Salina, college of technology to the housing system suspense fund
of Kansas state university. On July 1, 1997, all liabilities of the housing
system suspense fund of Kansas state university--Salina, college of technol
ogy are hereby transferred to and imposed on the housing system suspense fund
of Kansas state university and the housing system suspense fund of Kansas
state university--Salina, college of technology is hereby abolished.
  (l)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the housing system operations fund of Kansas state
university--Salina, college of technology to the housing system operations
fund of Kansas state university. On July 1, 1997, all liabilities of the
housing system operations fund of Kansas state university--Salina, college of
tech nology are hereby transferred to and imposed on the housing system
operations fund of Kansas state university and the housing system operations
fund of Kansas state university-Salina, college of technology is hereby
abolished.
  (m)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the housing system repairs, equipment and improvement fund of
Kansas state university-Salina, college of technology to the housing system
repairs, equipment and improvement fund of Kansas state university. On July
1, 1997, all liabilities of the housing system repairs, equipment and
improvement fund of Kansas state university--Salina, college of technology
are hereby transferred to and imposed on the housing system repairs,
equipment and im provement fund of Kansas state university and the housing
system repairs, equipment and improvement fund of Kansas state
university--Salina, college of technology is hereby abol ished.

636                          JOURNAL OF THE SENATE

  (n)  On July 1, 1997, the director of accounts and reports shall transfer
all moneys in the sponsored research overhead fund of Kansas state
university--Salina, college of tech nology to the sponsored research overhead
fund of Kansas state university. On July 1, 1997, all liabilities of the
sponsored research overhead fund of Kansas state university--Salina, college
of technology are hereby transferred to and imposed on the sponsored research
overhead fund of Kansas state university and the sponsored research overhead
fund of Kansas state university--Salina, college of technology is hereby
abolished.'';
  On page 92, in line 33, by striking all after ``fund''; by striking all in
line 34; in line 35, by striking all before the period;
  On page 93, in line 13, by striking ``who began''; in line 14, by striking
``after July 1, 1996,'';
  On page 95, in line 1, by striking all after ``fund''; by striking all in
line 2; in line 3, by striking all before the period; in line 30, by striking
``who began''; in line 31, by striking ``after July 1, 1996,'';
  On page 96, in line 30, by striking ``$109,737,729'' and inserting in lieu
thereof ``$110,872,707'';
  On page 97, in line 2, by striking ``$72,616,843'' and inserting in lieu
thereof ``$71,481,865''; in line 30, by striking all after ``fund'' where it
appears for the last time; by striking all in lines 31 and 32; in line 33, by
striking all before the period;
  On page 98, in line 36, by striking ``who began''; in line 37, by striking
``after July 1, 1996,'';
  On page 99, by striking all in line 30;
  On page 100, by striking all in lines 11 through 15; in line 20, by
striking ``$86,520,435'' and inserting in lieu thereof ``$87,087,510''; in
line 35, by striking all after the comma; by striking all in line 36; in line
37, by striking all before ``That'';
  On page 101, in line 32, by striking ``who began''; in line 33, by striking
``after July 1, 1996,'';
  On page 103, in line 24, by striking ``$55,659,213'' and inserting in lieu
thereof ``$56,049,853''; in line 32, by striking ``$25,017,435'' and
inserting in lieu thereof ``$24,626,795''; in line 37, by striking all after
``fund''; by striking all in line 38; in line 39, by striking all before the
period;
  On page 104, in line 17, by striking ``who began''; in line 18, by striking
``after July 1, 1996,'';
  On page 105, in line 43, by striking ``$4,000,000'' and inserting in lieu
thereof ``$750,000'';
  On page 106, in line 4, before the period, by inserting the following: ``:
Provided further, That no allocation of funds shall be made to the
university of Kansas, Kansas state university (main campus) or Wichita state
university'';
  On page 109, in line 13, by striking ``$1,626,844'' and inserting in lieu
thereof ``$1,591,844''; in line 14, by striking ``$28,727,263'' and inserting
in lieu thereof ``$28,342,563'';
  On page 113, in line 14, by striking ``$2,360,556'' and inserting in lieu
thereof ``$2,257,241''; in line 16, by striking all after ``$200''; by
striking all in lines 17 through 23; in line 24, by striking all before the
period;
  On page 118, in line 1, after ``That'' by inserting ``all moneys received
for such fees shall be deposited in the state treasury and credited to the
record check fee fund: Provided further,''; by striking all in lines 11
through 13;
  And by relettering subsections accordingly;
  Also on page 118, in line 18, by striking ``$903,544'' and inserting in
lieu thereof ``$0''; in line 19, by striking ``$2,727,830'' and inserting in
lieu thereof ``$0''; by striking all in lines 24 through 39;
  On page 121, in line 22, by striking ``$281,248'' and inserting in lieu
thereof ``$247,556'';
  On page 122, in line 1, by striking ``$168,000'' and inserting in lieu
thereof ``$166,000''; in line 15, by striking ``799.5'' and inserting in lieu
thereof ``774.8''; in line 27, by striking ``7.0'' and inserting in lieu
thereof ``6.0'';
  On page 126, in line 5, by striking ``$67,881'' and inserting in lieu
thereof ``$34,589'';
  On page 127, in line 12, by striking ``$566,854'' and inserting in lieu
thereof ``$576,804''; in line 21, by striking ``$9,766,500'' and inserting in
lieu thereof ``$9,756,550'';

                                 April 10, 1997                             637

  On page 128, in line 12, by striking ``$2,482,100'' and inserting in lieu
thereof ``$2,478,424''; in line 21, by striking ``$100,000'' and inserting in
lieu thereof ``$93,726''; in line 41, by striking ``$8,750,000'' and
inserting in lieu thereof ``$8,740,050'';
  On page 130, in line 27, by striking ``$17,148,776'' and inserting in lieu
thereof ``$17,155,276'';
  On page 132, following line 17, by inserting the following material to read
as follows:
  ``(g)  In addition to the other purposes for which expenditures may be made
by the department of wildlife and parks from the moneys appropriated in the
parks fee fund for the fiscal year ending June 30, 1998, as authorized by
this or other appropriation act of the 1997 regular session of the
legislature, expenditures may be made from the parks fee fund for fiscal year
1998 for operating expenditures and capital improvement projects for the
purposes of maintaining and repairing the Prairie Spirit rail trail in Allen,
Anderson and Franklin counties, including, but not limited to, the expenses
of operating of park equipment by employees of the department of wildlife and
parks that are assigned to the state park system.'';
  On page 133, in line 27, by striking ``$200,076,736'' and inserting in lieu
thereof ``$194,558,963''; in line 33, before the period, by inserting the
following: ``: And provided further, That expenditures from the agency
operations account of the state highway fund for a business processing
reengineering and system requirements definition phase of a com puter project
to replace existing financial and maintenance management computer software
systems shall be subject to the provisions of subsection (c): And provided
further, That all expenditures for such computer project shall be in
addition to any expenditure limitation imposed on the agency operations
account of the state highway fund for fiscal year 1998, except that the total
expenditures from the agency operations account for such computer project
shall not exceed $3,000,000'';
  On page 134, following line 12, by inserting the following material to read
as follows:
  ``(c)  Expenditures may be made from the agency operations account of the
state highway fund for fiscal year 1998 for the purpose of contracting for a
business processing reengi neering and system requirements definition phase
of a computer project to replace the existing financial and maintenance
management computer software systems: Provided, how ever, That no
expenditures shall be made from any moneys appropriated for the department of
transportation for fiscal year 1998, by this or other appropriation act of
the 1997 regular session of the legislature, for any subsequent work on such
computer project, including, but not limited to, the purchase of any hardware
or software, system design or system imple mentation, except upon approval of
the state finance council acting on this matter which is hereby characterized
as a matter of legislative delegation and subject to the guidelines
prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto:
Provided further, That, prior to the approval by the state finance
council of any such expenditure from the agency operations account of the
state highway fund, the results of the business process reengineering and
system requirements definition phase shall be reviewed by the joint com
mittee on computers and telecommunications.'';
  And by relettering subsections accordingly;
  Also on page 134, in line 40, by striking ``savings incentive'' and
inserting in lieu thereof ``quality'';
  On page 135, in line 1, after ``portation'' by inserting ``, if the agency
is participating in the Kansas quality program under 1996 Supp. K.S.A.
75-37,115 and amendments thereto,''; also in line 1, by striking ``Salary''
and inserting in lieu thereof ``Quality awards that are salary''; in line 2,
after ``agency'' by inserting ``pursuant to subsection (c) of K.S.A. 1996
Supp. 75-37,115 and amendments thereto''; in line 6, by striking ``in-''; in
line 7, by striking all before the colon and inserting in lieu thereof ``in
support of the Kansas quality program''; in line 16, after ``That'' by
inserting ``, in addition to the limitations prescribed by K.S.A. 1996 Supp.
75-37,115 and amendments thereto,''; in line 25, before ``account'' by
inserting ``Kansas quality management account or KQM expenditures''; in line
26, after the comma, by inserting ``which was established under the Kansas
quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto
or''; in line 31, before ``account'' by inserting ``Kansas quality management
account or KQM expenditures''; in line 34, by striking all after the period;
by striking all in lines 35 through 37;

638                          JOURNAL OF THE SENATE

  On page 136, in line 3, by striking ``savings incentive'' and
inserting in lieu thereof ``qual ity''; in line 6, after ``act'' by
inserting ``that is participating in the Kansas quality program under K.S.A.
1996 Supp. 75-37,115 and amendments thereto''; in line 7, by striking
``Salary'' and inserting in lieu thereof ``Quality awards that are salary'';
in line 8, after ``agency'' by inserting ``pursuant to subsection (c) of
K.S.A. 1996 Supp. 75-37,115 and amendments thereto''; in line 12, by striking
``including official hospitality'' and inserting in lieu thereof ``in support
of the Kansas quality program''; in line 20, after ``That'' by inserting ``,
in addition to the limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and
amendments thereto,''; in line 31, after ``act'' by inserting ``that is
participating in the Kansas quality program''; in line 32, by striking
``Salary'' and inserting in lieu thereof ``Quality awards that are salary'';
in line 33, after ``agency'' by inserting ``pursuant to subsection (c) of
K.S.A. 1996 Supp. 75-37,115 and amendments thereto''; in line 37, by striking
``including offi-''; in line 38, by striking ``cial hospitality'' and
inserting in lieu thereof ``in support of the Kansas quality program'';
  On page 137, in line 3, after ``That'' by inserting ``, in addition to the
limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and amendments
thereto,''; in line 14, before ``account'' by inserting ``Kansas quality
management account or KQM expenditures''; in line 15, before ``which'' by
inserting ``which was established under the Kansas quality program under
K.S.A. 1996 Supp. 75-37,115 and amendments thereto or''; in line 22, before
``account'' by inserting ``Kansas quality management account or KQM
expenditures''; in line 23, before ``which'' by inserting ``which was
established under the Kansas quality program under K.S.A. 1996 Supp.
75-37,115 and amendments thereto or''; by striking all in lines 32 through
36;
  On page 139, in line 12, by striking ``102.0%'' and inserting in lieu
thereof ``101.75%''; in line 42, by striking ``102.0%'' and inserting in lieu
thereof ``101.75%'';
  On page 140, in line 16, by striking ``102.0%'' and inserting in lieu
thereof ``101.75%''; in line 31, by striking ``102.0%'' and inserting in lieu
thereof ``101.75%'';
  And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia Salisbury
Marge Petty Conferees on part of Senate Phil Kline
Mike Farmer
Henry Helgerson, Jr. Conferees on part of House   Senator Kerr moved the
Senate adopt the Conference Committee report on S. Sub. HB 2160.
  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, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty,
Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger,
Vidricksen.
  Nays: Hensley, Huelskamp, Karr, Lee, Pugh, Tyson.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate
amend ments to HB 2218, 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 4, following line 28, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
sewer district.'';
  Also on page 4, following line 36, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
sewer district.'';

                                 April 10, 1997                             639

  On page 5, following line 1, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
rural water district.'';
  Also on page 5, following line 9, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
rural water district.'';
  Also on page 5, following line 17, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
public wholesale water supply district.'';
9.6]  Also on page 5, following line 25, by inserting a new paragraph as
follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
water supply and distribution district.'';
  Also on page 5, following line 31, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of an
industrial district.'';
  Also on page 5, following line 37, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of an
improvement district.'';
  On page 6, following line 2, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
drainage district.'';
  Also on page 6, following line 10, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
drainage district.'';
  Also on page 6, following line 18, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
drainage district.'';
  Also on page 6, following line 26, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
drainage district.'';
  Also on page 6, following line 34, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  Also on page 6, following line 42, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  On page 7, following line 7, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  Also on page 7, following line 15, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  Also on page 7, following line 23, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  Also on page 7, following line 31, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';
  Also on page 7, following line 39, by inserting a new paragraph as follows:
  ``Nothing in this section shall be construed as providing a procedure for
the detachment or deannexation of land located within the boundaries of a
fire district.'';

640                          JOURNAL OF THE SENATE

  And your committee on conference recommends the adoption of this report.
Janice L. Hardenburger
Rich Becker
U. L. Gooch Conferees on part of Senate Kent Glasscock
Ted Powers
Gwen Welshimer Conferees on part of House 
  Senator Hardenburger moved the
Senate adopt the Conference
Committee report on HB 2218.
  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.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2219, 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 4, in line 43, before ``plus'' by inserting ``plus the number of
swine weighing 55 pounds or less multiplied by 0.1;'';
  On page 5, in line 8, after the period, by inserting ``''Animal unit`` also
includes the number of swine weighing 55 pounds or less multiplied by 0.1 for
the purpose of determining applicable requirements for new construction of a
confined feeding facility for which a permit or registration has not been
issued before January 1, 1998, and for which an appli cation for a permit or
registration and plans have not been filed with the secretary of health and
environment before January 1, 1998, or for the purpose of determining
applicable requirements for expansion of such facility. However, each head of
swine weighing 55 pounds or less shall be counted as 0.0 animal unit for the
purpose of determining the need for a federal permit.'';
  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
Laura McClure
Joann Lee Freeborn Conferees on part of House 
  Senator Corbin moved the Senate adopt the Conference Committee report on HB 2219.
  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.

                                 April 10, 1997                             641


CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2303, 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 3, in line 43, by striking ``or nonresident'';
  On page 4, in line 6, after ``lineal'' by inserting ``or collateral'';
  On page 5, in line 11, by striking all after ``Any''; by striking all of
lines 12 and 13; in line 14, by striking all before the period and inserting
``nonresident deer hunting permits au thorized under subsection (m) that
remain unissued due to an insufficient number of non resident applications as
of a deadline determined by the secretary, shall be made available to
residents'';
  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 Lee Freeborn
Laura McClure Conferees on part of House 
  Senator Corbin moved the Senate adopt the Conference Committee report on HB 2303.
  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.

MESSAGE FROM THE HOUSE

  Announcing, the House accedes to the request of the Senate for a conference
on SB 373 and has appointed Representatives Farmer, Edmonds and
Helgerson 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 36 and has appointed Representatives O'Neal, Shore and
Reardon as conferees on the part of the House.
  The House concurs in Senate amendments to HB 2011 and requests the
Senate to return the bill.
  The House concurs in Senate amendments to HB 2159 and requests the
Senate to return the bill.
  The House concurs in Senate amendments to HB 2167 and requests the
Senate to return the bill.
  The House concurs in Senate amendments to HB 2361 and requests the
Senate to return the bill.
  On motion of Senator Emert the Senate adjourned until 10:00 a.m., Friday,
April 11, 1997.