J o u r n a l o f t h e S e n a t e SIXTY-FIRST DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, April 11, 1997--10:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, The pace is getting faster now, So much to think about. There is no doubt we need you, Lord, To quickly help us out. When there is so much going on And our bodies getting tired, We could use Your strength, O God, To get supernaturally ``wired''. Bills are going back and forth Between the House and Senate; By the time a bill has made the rounds, It's hard to tell what's in it. Conference Committees meet and meet To work out a compromise. Help our minds to stay alert And not to fossilize. Don't let our fuses get too short And may we not forget to laugh. It will keep our friendships all intact, And postpone our epitaph! I pray in Jesus' Name, AMEN PRESENTATION OF PETITIONS The following petitions were presented, read and filed: SP 66, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Donald Kropf and 7 others in the Manhattan, Kansas area. SP 67, by Senator Janice Hardenburger: a petition opposing House Bill 2174, concerning lotteries; providing for the operation of certain state-owned and operated lottery games at certain racetrack facilities; providing for disposition of revenues from such games; prohib iting certain acts and providing penalties for violations, signed by Edna Hatfield and 21 other citizens of northeast Kansas. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committee as indicated: April 11, 1997 643 Ways and Means: HB 2351, 2390. CHANGE OF REFERENCE The President withdrew HB 2462 from the Committee on Commerce, and referred the bill to the Committee on Ways and Means. MESSAGE FROM THE GOVERNOR April 9, 1997 Message to the Senate of the State of Kansas: Enclosed herewith is Executive Order No. 97-5 for your information. Bill Graves Governor The President announced Executive Order No. 97-5, regarding the offer of reward of five thousand dollars for information leading to the arrest and conviction of the murderer or muderers of Roger D. Kent, is on file in the office of the Secretary of the Senate and available for review at anytime. SB 12, 27, 61, 66, 82, 93, 123, 152, 186, 188, 227, 237, 244, 280, 282, 302 approved on April 10, 1997. COMMUNICATIONS FROM STATE OFFICERS OFFICE OF THE ATTORNEY GENERAL April 10, 1997 Carla J. Stovall, Attorney General, submitted a request for the withdrawal of consideration for confirmation by the Senate the appointment of Carrie Jones to the Crime Victims Com pensation Board, pursuant to K.S.A. 74-7303. The President announced the above letter is on file in the office of the Secretary of the Senate and is available for review at any time. MESSAGE FROM THE HOUSE Announcing, the House adopts the conference committee report on SB 145. The House adopts the conference committee report on SB 146. The House adopts the conference committee report on SB 165. The House adopts the conference committee report on Senate Substitute for HB 2166. The House adopts the conference committee report on HB 2226. The House adopts the conference committee report on Senate Substitute for HB 2272. The House adopts the conference committee report on HB 2255. The House concurs in Senate amendments to HB 2056 and requests the Senate to return the bill. Announcing, the House adopts the conference committee report on SB 17. The House adopts the conference committee report on Senate Substitute for HB 2160. The House adopts the conference committee report on HB 2303. The House adopts the conference committee report on HB 2218. The House adopts the conference committee report on HB 2219. The House accedes to the request of the Senate for a conference on House Substitute for SB 69 and has appointed Representatives Kejr, Weber and McKechnie as conferees on the part of the House. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Bleeker moved the Senate concur in house amendments to SB 234. Senator Oleen offered a substitute motion to postpone to day certain (Wednesday, April 30, 1997) the motion to concur. Upon the showing of five hands, a roll call vote was requested. On roll call, the vote was: Yeas 21, nays 18, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin, Hensley, Karr, Kerr, Langworthy, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Steineger. 644 JOURNAL OF THE SENATE Nays: Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger, Harrington, Huel skamp, Jordan, Lawrence, Morris, Pugh, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The motion carried, and SB 234 remains in conference, and the motion to concur in house amendments is postponed to April 30, 1997. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 145, 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 of the Whole amendments, as follows: On page 7, in line 4, by striking ``or transmitting''; in line 15, following the period, by inserting ``Any voted ballot may be transmitted to the county election officer by the voter or by another person upon request of the voter.''; in line 19, by striking all following ``mark ing''; in line 20, by striking ``transmitting''; in line 31, by striking ``or transmitting''; On page 8, in line 38, by striking all following ``officer''; in line 39, by striking all before the period and inserting ``upon request of advance voting voters''; On page 13, by striking all in line 29; On page 15, in line 29, following ``K.S.A.'' by inserting ``Supp.''; And your committee on conference recommends the adoption of this report. Deena Horst Kent Glasscock Gwen Welshimer Conferees on part of House Janice L. Hardenburger Rich Becker U. L. Gooch Conferees on part of Senate Senator Hardenburger moved the Senate adopt the Conference Committee report on SB 145. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Petty. Absent or not voting: Jones. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 146, submits the following report: The House recedes from all of its 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 1, in lines 20 and 31, by striking ``may'' and inserting ``shall''; And your committee on conference recommends the adoption of this report. Joann Flower John D. Ballou Galen Weiland Conferees on part of House April 11, 1997 645 Janice L. Hardenburger Rich Becker U. L. Gooch Conferees on part of Senate Senator Hardenburger moved the Senate not adopt the Conference Committee report on SB 146, and a new conference committee be appointed. The President appointed Senators Hardenburger, Becker and Gooch as a second confer ence committee on the part of the Senate on SB 146. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 165, 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 of the Whole amendments, as follows: On page 11, in line 31, before ``K.S.A.'' by inserting ``On July 1, 1997,''; On page 12, in line 2, after ``health'' by inserting ``and safety''; in line 9, after ``health'' by inserting ``and safety''; On page 13, in line 1, after ``health'' by inserting ``and safety''; On page 16, in line 3, by striking ``65-1904,''; following line 3, by inserting the following: ``Sec. 8. On July 1, 1997, K.S.A. 1996 Supp. 65-1904 is hereby repealed.''; And by renumbering the remaining section accordingly; Also on page 16, in line 5, by striking ``statute book'' and inserting ``Kansas register''; On page 1, in the title, in line 12, by inserting after ``health'' the following: ``and safety''; And your committee on conference recommends the adoption of this report. Carlos Mayans Jim Morrison Jerry Henry Conferees on part of House Sandy Praeger Janice L. Hardenburger Chris Steineger Conferees on part of Senate Senator Praeger moved the Senate adopt the Conference Committee report on SB 165. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Kerr. Absent or not voting: Jones. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments to HB 2064, 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 3, by striking ``(d)'' and inserting ``(c)''; by striking all in lines 6 through 15; by relettering subsections accordingly; by striking all in lines 32 through 43; On page 3, by striking all in lines 1 through 4; On page 5, following line 19, by inserting: ``New Sec. 4. (a) The provisions of this section shall apply to: (1) The governor; 646 JOURNAL OF THE SENATE (2) the lieutenant governor; (3) the governor's spouse; (4) all classified employees in the civil service of the state of Kansas; (5) all unclassified employees in the executive branch of state government whose com pensation is subject to approval by the governor pursuant to K.S.A. 75-2935b, and amend ments thereto; and (6) all members of boards, commissions and authorities of the executive branch of state government. (b) No person subject to the provisions of this section shall solicit or accept any gift, economic opportunity, loan, gratuity, special discount or service provided because of such person's official position, except: (1) A gift having an aggregate value of less than $40 given at a ceremony or public function where the person is accepting the gift in such person's official capacity; or (2) gifts from relatives or gifts from personal friends when it is obvious to the person that the gift is not being given because of the person's official position; or (3) anything of value received by the person on behalf of the state that inures to the benefit of the state or that becomes the property of the state; or (4) contributions solicited on behalf of a nonprofit organization which is exempt from taxation under paragraph (3) of subsection (c) of section 501 of the internal revenue code of 1986, as amended. (c) No person subject to the provisions of this section shall solicit or accept free or special discount meals from a source outside of state government, except: (1) Meals, the provision of which is motivated by a personal or family relationship or provided at events that are widely attended. An occasion is ``widely attended'' when it is obvious to the person accepting the meal that the reason for providing the meal is not a pretext for exclusive or nearly exclusive access to the person; (2) meals provided at public events in which the person is attending in an official ca pacity; (3) meals provided to a person subject to this act when it is obvious such meals are not being provided because of the person's official position; and (4) food such as soft drinks, coffee or snack foods not offered as part of a meal. (d) No person subject to the provisions of this section shall solicit or accept free or special discount travel or related expenses from a source outside state government, except: (1) When it is obvious to the person accepting the same that the free or special discount travel and related expenses are not being provided because of the person's official position; or (2) when the person's presence at a meeting, seminar or event serves a legitimate state purpose or interest and the person's agency authorizes or would authorize payment for such travel and expenses. (e) No person subject to the provisions of this section shall solicit or accept free or special discount tickets or access to entertainment or sporting events or activities such as plays, concerts, games, golf, exclusive swimming, hunting or fishing or other recreational activities when the free or special discount tickets or access are provided because of the person's official position. The provisions of this subsection shall not apply to persons whose official position requires or obliges them to be present at such events or activities. (f) (1) Violations of the provisions of this section by any classified employee in the civil service of the state of Kansas shall be considered personal conduct detrimental to the state service and shall be a basis for suspension, demotion or dismissal, subject to applicable state law. (2) Violations of the provisions of this section by any unclassified employee whose com pensation is subject to be approved by the governor pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such employee to discipline up to and including termi nation. (3) In addition to the penalty prescribed under paragraphs (1) and (2), the commission on governmental standards and conduct may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation of this section, in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation and April 11, 1997 647 not to exceed $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer. Upon receipt thereof, the state treasurer shall deposit the entire amount in the state treasury and credit it to the Kansas commission on governmental standards and conduct fee fund.''; Also on page 5, in line 20, by striking ``46-232,''; In the title, by striking all in line 16 and inserting ``amending K.S.A. 46-267 and 46-269 and''; And your committee on conference recommends the adoption of this report. Janice L. Hardenburger Rich Becker U. L. Gooch Conferees on part of Senate Robert Tomlinson Ted Powers Gwen Welshimer Conferees on part of House Senator Hardenburger moved the Senate adopt the Conference Committee report on HB 2064. Senator Hensley offered a substitute motion to not adopt the conference committee report and a new conference committee be appointed. Upon the showing of five hands a roll call was requested. On roll call, the vote was: Yeas 14, nays 25, present and passing 0; absent or not voting 1. Yeas: Barone, Biggs, Corbin, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Huelskamp, Karr, Lee, Petty, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Hardenburger, Har rington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The substitute motion failed and the Senate returned to consideration of the conference committee report on HB 2064. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The Conference Committee report was adopted. CONFIRMATION OF APPOINTMENTS In accordance with Senate Rule 56, the following appointments, submitted by the Gov ernor to the senate for confirmation, were considered. Senator Emert moved the following appointments be confirmed as recommended by the Standing Senate Committees: On appointment to the: State Board of Regents: Harry Craig, Jr., term expires January 15, 2001 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. 648 JOURNAL OF THE SENATE The appointment was confirmed. On appointment to the: State Board of Regents: Sidney T. Warner, term expires January 15, 2001 The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The appointment was confirmed. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Morris introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1854-- A RESOLUTION congratulating and commending Norman Staats of Garden City upon 30 years of service to the sport of rodeo, on the occasion of the 30th Annual Garden City Community College (GCCC) Intercollegiate Rodeo. WHEREAS, Norman Staats has served on the agricultural and technical faculty at Gar den City Community College, and as a member of the community of Garden City, for more than 30 years, dedicating his professional career not only to the learning of his students, but also to the sport of rodeo; and WHEREAS, Norman Staats has consistently been the primary force behind the GCCC Intercollegiate Rodeo for the past 30 years, providing the opportunity for thousands of young men and women from hundreds of communities to participate in arena competition; and WHEREAS, The leadership of Norman Staats in guiding his rodeo team and club mem bers, and his students, represents an incalculable service which has directly or indirectly touched the lives of thousands of people; and WHEREAS, Norman Staats leads and teaches by example, applying his own brand of understanding with a high level of concern and professionalism; and WHEREAS, The success of the collegiate-level rodeo program in Garden City and Southwest Kansas is due in large measure to the ongoing efforts, tireless dedication and selfless determination of Norman Staats; and WHEREAS, The dates of April 18, 19 and 20, 1997, mark the 30th anniversary of the Garden City Community College Intercollegiate Rodeo: Now, therefore, Be it resolved by the Senate of the State of Kansas: That Norman Staats be commended and honored for his accomplishments and service, for his contributions to the lives of those he has taught and coached in the classroom and in the rodeo arena, and for the attainment of a 30-year record of successful collegiate rodeos in Garden City; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Dr. James Tangeman, president of Garden City Community College, 801 Campus Drive, Garden City, Kansas 67846, the Kansas Association of Com munity Colleges, 700 SW Jackson, Ste. 401, Topeka, Kansas 66603-3757, and the National Intercollegiate Rodeo Association, 1815 Portland, Ste. 3, Walla Walla, Washington 99362. On emergency motion of Senator Morris SR 1854 was adopted unanimously. Senators Emert and Umbarger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1855-- A RESOLUTION congratulating and commending the Bethel African Methodist Episcopal (AME) Church of Coffeyville. WHEREAS, The Bethel AME Church of Coffeyville has been placed on the National Register of Historic Places and the Register of Historic Kansas Places and was the featured item in the Kansas Preservation Magazine for May-June 1996; and April 11, 1997 649 WHEREAS, Vergie Brown, a long-time resident of Coffeyville and an active sixty-year member of the Bethel AME Church, initiated the nominations for recognition of the church; and WHEREAS, The Bethel AME Church was organized in 1879 and originally occupied a twenty by twenty-six foot frame building, which was replaced in the early 1900's by a larger concrete and brick structure. The church was the center of most black cultural and social as well as religious activities for many years; and WHEREAS, Additions and improvements were made through the years to provide for today's impressive and functional structure; and WHEREAS, The church will celebrate on May 25 its historical designations along with the burning of the church note and the 118th anniversary of the church: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Bethel AME Church of Coffeyville upon its historic past and wish it great success in the future; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to the Rev. Cornelius N. Austin, Jr., Sr. Pastor, Bethel AME Church, 202 West Twelfth, P.O. Box 66, Coffeyville, KS 67337. On emergency motion of Senator Emert SR 1855 was adopted unanimously. Senator Brownlee introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1856-- A RESOLUTION congratulating and commending the Olathe South High School boys basketball team and Coach John McFall for winning the 1997 Class 6A State Basketball Championship in Kansas. WHEREAS, The Olathe South High School boys basketball team won the 1997 Kansas State High School Activities Association Class 6A State Basketball Championship at Emporia on March 15, 1997; and WHEREAS, Olathe South won the state championship with a thrilling 61-53 victory over Leavenworth High School in the state championship game; and WHEREAS, The Olathe South High School ``Falcons'' basketball team finished the sea son with a 22-3 record; and WHEREAS, The members of this outstanding basketball team have received statewide recognition for their fine sportsmanship and athletic abilities; and WHEREAS, The success of this team is due to excellent teamwork, strong competitive spirit and determination to win, and the enthusiastic support of the school's administrators, the faculty, the students, the players' parents and the citizens of this proud community: Now, therefore, Be it resolved by the Senate of the State of Kansas: That the Olathe South High School boys basketball team and Coach McFall be congratulated and commended for winning the 1997 Kansas State High School Activities Association Class 6A State Basketball Champi onship; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Dr. Ron Wimmer, Supt., Olathe District Schools, 14160 Blackbob Rd., Olathe, KS 66062 and Coach John McFall, Olathe South High School, 1640 E. 151st St., Olathe, KS 66062. On emergency motion of Senator Brownlee SR 1856 was adopted unanimously. Senators Petty, Hensley and Salisbury introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1857-- A RESOLUTION congratulating and commending the Porubsky family for 50 years' operation of the Porubsky Grocery and Deli. WHEREAS, Catherine Porubsky and Charles W. Porubsky, mother and son, started the Porubsky's Grocery and Meat Company and officially opened on January 1, 1947; and WHEREAS, They were located, and are still located, at 508 NE Sardou, Topeka, Kansas (an area of the city still known as little Russia). The building had been there for about 25 650 JOURNAL OF THE SENATE years before they purchased it, built by John Kaberline (Lydia Porubsky's father) and op erated as a grocery store by P.J. Melchior; and WHEREAS, Charles Porubsky, then 25 years old, took over the grocery store and started this small family business. Sometimes nearby workers would come in at noontime for a beer and would buy crackers or other items for their lunch, so Charles and his mother, Katie, decided to accommodate them by turning the garage on the side of the building into a little dining room, which is still where he serves his sandwiches and chili and beverages; and WHEREAS, The store has not been open continually since 1947. About a year after he opened the lunchroom in 1950, the 1951 flood wiped out the business. Porubsky spent eight months of his own labor and many friends helping to restore the building. Fire also destroyed the inside of the store in 1967 and it had to be rebuilt by friends and family; and WHEREAS, Charles and Lydia Porubsky have five children, eight grandchildren and four great grandchildren; and WHEREAS, Along the way, the store has always been run by family. All five of Charles and Lydia's children have worked there through the years, but Charlie Porubsky Jr. is the only child that has stayed on to help his parents. Many nieces helped when they were in their teens and all their grandchildren have worked through the years; and WHEREAS, The store is nationally known. Articles have been in magazines and papers throughout the United States, mostly talking about their famous ``chili and hot pickles''; and WHEREAS, A celebration of their 50 years in business is planned for Saturday, April 19, 1997, at the American Legion Hall, 3029 NW Highway 24, from 6:30 to 10:30 p.m.: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Porubsky family for 50 years' operation of the Porubsky Grocery and Deli and the fame it has brought to the city of Topeka; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Charles and Lydia Porubsky, 508 NE Sardou, Topeka, KS 66608. On emergency motion of Senator Petty SR 1857 was adopted unanimously. Senators joined Senator Petty in welcoming members of the Porubsky family to the Senate and congratulated and commended them for 50 years' operation of the Porubsky Grocery and Deli and the fame it has brought to the city. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SCR 1613; HB 2497 were advanced to Final Action, subject to amendment, debate and roll call. SCR 1613, A concurrent resolution establishing a task force on long-term care services to study services provided by the public and private sector to citizens of the state and laws and rules and regulations relating to such services, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The resolution was adopted. HB 2497, An act concerning the Kansas commission on veterans affairs; establishing the Kansas veterans' home on the grounds of Winfield state hospital and training center; pro viding for lease and operation of a long-term care annex in Wichita; authorizing certain contracts for construction of dwellings at the Kansas soldiers' home and prescribing guide lines therefor; amending K.S.A. 73-1207, 73-1208b, 73-1210a and 75-3036a and K.S.A. 1996 Supp. 40-3414, 76-375 and 76-381 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. April 11, 1997 651 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Jones. The bill passed. On motion of Senator Emert, the Senate recessed until 1:30 p.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. CHANGE OF REFERENCE The President withdrew HB 2462 from the Committee on Ways and Means, and rere ferred the bill to the Committee on Commerce. MESSAGE FROM THE HOUSE Announcing adoption of SCR 1614. The House accedes to the request of the Senate for a conference on SB 234 and has appointed Representatives Carmody, Phill Kline and Garner as conferees on the part of the House. The House adopts the conference committee report on SB 63. The House adopts the conference committee report on SB 229. The House not adopts the conference committee report on HB 2071, requests a con ference and appoints Representatives Bradley, Wilson and Kirk as third conferees on the part of the House. The House concurs in Senate amendments to Substitute HB 2081 and requests the Senate to return the bill. The House concurs in Senate amendments to HB 2490 and requests the Senate to return the bill. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 63, 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, in line 43, by striking ``guidelines of'' and inserting in lieu thereof ``regulations promulgated by''; On page 4, in line 1, after ``safety'' by inserting ``and''; also in line 1, before the period, by inserting ``, as in effect on July 1, 1997''; On page 1, in the title, in line 12, after ``livestock'' by inserting a semicolon; And your committee on conference recommends the adoption of this report. Joann Flower John Ballou Galen Weiland Conferees on part of House Stephen R. Morris Dwayne Umbarger Gerald L. Karr Conferees on part of Senate Senator Morris moved the Senate adopt the Conference Committee report on SB 63. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. 652 JOURNAL OF THE SENATE Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 229, 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 of the Whole amendments, as follows: On page 7, in line 17, by striking all after the period; by striking lines 18 to 28, inclusive; And your committee on conference recommends the adoption of this report. Don Steffes Sandy Praeger Paul Feleciano, Jr. Conferees on part of House Tom Bradley Dennis M. Wilson Nancy Kirk Conferees on part of Senate Senator Steffes moved the Senate adopt the Conference Committee report on SB 229. 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 2105, 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 7, in line 35, after ``41'' by inserting ``, 42''; in line 40 after ``41'' by inserting ``, 42''; On page 17, by striking all in lines 34 through 40 and inserting the following: ``(b) An exemption certificate shall relieve the vendor from collecting and remitting tax when taken in good faith. A vendor shall be presumed to have accepted an exemption certificate in good faith in the absence of evidence to the contrary. A vendor shall be deemed to have accepted an exemption certificate in good faith if the vendor: (1) Maintains a com pleted exemption certificate; (2) has ascertained the identity of the person or entity who presented the exemption certificate; and (3) has not been shown by a preponderance of the evidence to have had knowledge that the presentation of the certificate was improper.''; On page 26, in line 33, by striking the semicolon and inserting a comma; On page 31, in line 5, before ``and'' by inserting ``or a court of competent jurisdiction orders that a refund be made,''; also, in line 5, before ``the'' by inserting ``or in the event a change in valuation which results in a refund pursuant to subsection (a),''; in line 21, by striking all after ``where''; by striking all in lines 22 through 25; On page 51, in line 1, after the period by inserting ``(a)''; in line 12, by striking ``one''; in line 13, by striking ``year of'' and inserting ``three years of mass''; in line 19, by striking ``assessor'' and inserting ``or district appraiser''; in line 24, by striking all after ``currently''; April 11, 1997 653 by striking all in lines 25 through 30; in line 31, by striking ``currently a'' and inserting ``: (1) A''; in line 33, before the period by inserting ``; (2) a registered mass appraiser pursuant to rules and regulations adopted by the secretary of revenue; or (3) holding a valid residential evaluation specialist or certified assessment evaluation designation from the International Association of Assessing Officers''; in line 34, after ``county'' by inserting ``or district''; also, in line 34, by striking all after ``appraiser''; in line 35, by striking all before ``shall'' and inserting ``on the effective date of this act and who is not eligible for reappointment pursuant to this section''; in line 36, by striking all after ``office''; in line 37, by striking all before the period and inserting ``or appointment as a county or district appraiser in another county for a term expiring on July 1, 1999, and if any such person qualifies for an original appointment or reappointment prior to July 1, 1999, such person may be reappointed for a full term, and any other person who has at least three years of mass appraisal experience and is qualified by the director of property valuation as an eligible Kansas appraiser shall be eligible for appointment to such office for a term expiring on July 1, 1999, and if any such person qualifies for an original appointment prior to July 1, 1999, such person may be reappointed for a full term''; after line 37, by inserting the following: ``(b) The secretary of revenue shall adopt rules and regulations prior to October 1, 1997, necessary to establish qualifications for the designation of a registered mass appraiser.''; On page 76, by striking all in lines 28 through 43; By striking all on pages 77 through 80; On page 81, by striking all in lines 1 through 38; after line 38, by inserting the following: ``New Sec. 49. (a) Whenever the appraised valuation of any single-family owner-occu pied residential real property established for property taxation purposes exceeds by 75% or more the appraised valuation of such property for such purposes established for utilization for the next preceding taxable year, and if such increase is not due to such property being improved, a portion of the property tax attributable to such increase shall be refunded to the taxpayer as provided by this section. (b) Any person who qualifies for a refund pursuant to the provisions of subsection (a) and has completed an appeal pursuant to K.S.A. 79-1448, and amendments thereto, from the appraised valuation established for such residential real property may apply for a refund of property tax to the division of taxation of the department of revenue. For the taxable year for which such increase is established, the amount of such refund shall be equal to 80% of the property tax attributable to such increase; for the taxable year next succeeding the taxable year for which such increase is established, the amount of such refund shall be equal to 50% of the property tax attributable to such increase; and for the second taxable year suc ceeding the taxable year for which such increase is established, the amount of such refund shall be equal to 25% of the property tax attributable to such increase. (c) The secretary of revenue shall adopt rules and regulations necessary to effectively implement the provisions of this section, and shall devise forms necessary for the imple mentation of this section. (d) The provisions of this section shall be applicable to all taxable years commencing after December 31, 1996. Sec. 50. K.S.A. 1996 Supp. 79-4216 is hereby amended to read as follows: 79-4216. As used in this act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them herein: (a) ``Barrel'' for oil measurement means a barrel of 42 U.S. gallons of 231 cubic inches per gallon, computed at a temperature of 60 degrees Fahrenheit. (b) ``Director'' means the director of taxation. (c) ``Gas'' means natural gas taken from below the surface of the earth or water in this state, regardless of whether from a gas well or from a well also productive of oil or any other product. (d) ``Gross value'' means the sale price of oil or gas at the time of removal of the oil or gas from the lease or production unit and if oil or gas is exchanged for something other than cash, or if no sale occurs at the time of removal or if the director determines that the relationship between the buyer and the seller is such that the consideration paid, if any, is not indicative of the true value or market price, then the director shall determine the value of the oil or gas subject to tax, based on the cash price paid to one or more producers for 654 JOURNAL OF THE SENATE the oil or gas or based on the cash price paid to producers for like quality oil or gas in the vicinity of the lease or production unit at the time of the removal of the oil or gas from the lease or production unit. Notwithstanding the foregoing, if no sale of gas occurs at the time of removal and such gas is not stored, then the gross value of gas for the purpose of taxation under this act shall be the price for which such gas is sold at the time of sale if such sale is not between related parties. (e) ``Oil'' means petroleum, or other crude oil, condensate, casinghead gasoline, or other mineral oil which is severed or withdrawn from below the surface of the soil or water in this state. (f) ``Operator'' means the person primarily responsible for the management and oper ation of coal, oil or gas productions from a lease, production unit or mine. (g) ``Person'' means any natural person, firm, copartnership, joint venture, association, corporation, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number. (h) ``Producer'' means any person owning, controlling, managing or leasing any coal, oil or gas property or oil or gas well or coal or salt mine, and any person who serves in any manner any coal, oil or gas in this state, and shall include any person owning any direct and beneficial interest in any coal, oil or gas produced, whether severed by such person or some other person on their behalf, either by lease, contract or otherwise, including a royalty owner. (i) ``Remove'' or ``removal'' means the physical transportation of coal, oil or gas off of the lease or production unit or from the mine where severed; and if the manufacture or conversion of crude oil or natural gas into refined products occurs on the premises where severed, oil or gas shall be deemed to have been removed on the date such manufacture or conversion begins. (j) ``Secretary'' means the secretary of revenue. (k) ``Severed'' or ``severing'' means: (1) The production of oil through extraction or withdrawal of the same from below the surface of the soil or water, whether such extraction or withdrawal shall be by natural flow, mechanical flow, forced flow, pumping or any other means employed to get the oil from below the surface of the soil or water and shall include the withdrawal by any means whatsoever of oil upon which the tax has not been paid, from any surface reservoir, natural or artificial, or from a water surface; (2) the production of gas through the extraction or withdrawal of the same by any means whatsoever, from below the surface of the earth or water; and (3) the physical removal of coal from the earth. (l) ``Taxpayer'' means any person liable for the taxes imposed by this act. (m) ``Disruption of production'' means, in the case of oil, a continuous 24-hour period during which a well is not producing. Circulating and missed production days shall be considered production days if the operator can demonstrate that any lost production is subsequently recovered during a later production day. In the case of gas, a continuous onehour period during which a well is not open to the pipeline shall be deemed to be a dis ruption of production. Missed production hours shall be considered production hours if the operator can demonstrate that any lost production is subsequently recovered during later production hours. Sec. 51. K.S.A. 79-4225 is hereby amended to read as follows: 79-4225. (a) If any taxes imposed under this act and determined and assessed by the director are unpaid: (1) Not due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, interest on such taxes shall be added at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the tax was due until paid; (2) due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, but without intent to defraud, a penalty of 10% of the amount of such taxes shall be added, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the tax was due until paid; (3) due to fraud with intent to evade the tax imposed by this act, there shall be added thereto a penalty of 50% of the amount of such tax, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the tax was due until paid. April 11, 1997 655 (b) If any person fails or refuses to make any return, when required to do so under the provisions of this act, such person shall be subject to a penalty of $25 per day for each return which such person fails or refuses to file. (c) Whenever, in the judgment of the director, the failure of any person to comply with the provisions of subsection (a)(1), (a)(2), and (b) of this section, was due to reasonable cause, the director may, in the exercise of discretion, waive or reduce any of the penalties upon making a record of the reason therefor. (d) In addition to all other penalties herein provided, any person who fails to make a return, or to pay any tax herein provided, or who makes a false or fraudulent return, or fails to keep any books or records prescribed by this act, or who willfully violates any rules and regulations promulgated by the secretary for the enforcement and administration of this act, or who aids and abets another in attempting to evade the payment of any tax imposed by this act, or who violates any other provisions of this act, shall, upon conviction thereof, be guilty of a class C misdemeanor. (e) The director of taxation shall examine all returns filed under the provision of this act, and shall issue notices and final determinations of tax liability hereunder in the manner prescribed by K.S.A. 79-3226, and amendments thereto, relating to income taxes. New Sec. 52. In addition to any other rights and privileges provided by law under the Kansas retailers' sales tax and Kansas compensating tax acts, the secretary of revenue shall promulgate rules and directives under which the taxpayer shall be provided: (a) A copy of all work-papers compiled as a result of an audit of such taxpayer; (b) a personal or telephonic conference conducted by the director of taxation or agent of the director with the taxpayer or a representative of the taxpayer after completion of audit field work; and, if additional audit desk work is performed in the office subsequent to audit field work, a telephonic conference conducted by the director or agent of the director with the taxpayer or a representative of the taxpayer after completion of such subsequent audit desk work; and (c) consideration of the taxpayer's convenience, normal hours of operation, and the availability of administrative personnel resources in the scheduling of an audit by the direc tor.''; By renumbering existing sections accordingly; On page 82, in line 34, by striking ``and 79-32,111'' and inserting ``, 79-32,111 and 794225''; in line 37, by striking all before ``79-1575''; and in line 40, after the comma, by inserting ``79-4216,''; In the title, in line 19, by striking ``and 79-3635 and inserting ``, 79-3635 and 79-4225''; in line 22, by striking all after the second comma; in line 23, by striking ``79-1492,''; in line 25, before ``79-4226'' by inserting ``79-4216,'' And your committee on conference recommends the adoption of this report. Audrey Langworthy David R. Corbin Janis K. Lee Conferees on part of Senate Phill Kline Tony Powell Bruce Larkin Conferees on part of House Senator Langworthy moved the Senate adopt the Conference Committee report on HB 2105. Senator Kerr offered a substitute motion to not adopt the conference committee report and a new conference committee be appointed. The motion failed and the Senate returned to consideration of the conference committee report on HB 2105. 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 656 JOURNAL OF THE SENATE 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. EXPLANATION OF VOTE Mr. President, I am voting a reluctant yes on HB 2105, not because it is a bad bill, but because it could be better. Despite the good and competent work of the conference committee to craft a taxpayer fairness measure with a minimal fiscal note, one important senate passed measure was left out. This is the biennial appraisal provision. Taxpayers are extraordinarily tired of annual appraisals. If they believe an appraisal is wrong and pursue relief, they hardly complete the process before the next statement arrives. Biennial appraisals will help in two important ways. One, appraisers will have more time to make the appraisals accurate. At present they are under great pressure to get the notices out. With more time between notices they will be able to more nearly perfect the valuations. Second, with values established for two years, it will be worthwhile for taxpayers to pursue relief from bad appraisals. Mr. President, a bill that is known as the taxpayer fairness act ought to include the biennial appraisal provision.--Dave Kerr Senators Barone, Bleeker, Brownlee, Clark, Gilstrap, Harrington, Lawrence, Morris, Sal mans, Steineger and Tyson request the record to show they concur with the ``Explanation of Vote'' offered by Senator Kerr on HB 2105. Senator Praeger moved the Senate adopt the Conference Committee report on HB 2129. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate amend ments to HB 2129, 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 5, in line 31, by striking ``: (1) Mental'' and inserting ``mental''; in line 36, by striking ``; or''; by striking all in lines 37 through 43; On page 6, in line 1, by striking all before the period; in line 3, by striking ``: (A) A'' and inserting ``a''; in line 4, by striking ``(1)''; in line 9, by striking ``; or''; by striking all in lines 10 through 16; in line 17, by striking all before the period; On page 8, by striking all in lines 30 through 43; On page 9, by striking all in lines 1 through 23; On page 16, in line 25, after ``(2)'' by inserting ``issued an institutional license prior to the effective date of this act and is''; in line 32, after ``thereto'' by inserting ``, in a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto''; On page 17, by striking all in lines 7 through 43; By striking all of page 18; On page 19, by striking all in lines 1 through 29; And by renumbering sections accordingly; Also on page 19, by striking all in lines 38 through 43; On page 20, by striking all in lines 1 through 4; And by renumbering the remaining section accordingly; On page 1, in the title, in line 16, by striking all after the semicolon; in line 17, by striking ``persons;''; in line 19, by striking ``59-2972,''; in line 24, by striking all after ``Kansas''; by striking all in lines 25 through 28; in line 29, by striking ``Kansas''; And your committee on conference recommends the adoption of this report. Sandy Praeger Larry D. Salmans Chris Steineger Conferees on part of Senate April 11, 1997 657 Carlos Mayans Jim Morrison Jerry Henry Conferees on part of House 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, Tyson, Vidricksen. Nays: Umbarger. The Conference Committee report was adopted. ORIGINAL MOTION On motion of Senator Steffes, the Senate acceded to the request of the House for a conference on HB 2071. The President appointed Senators Steffes, Praeger and Feleciano as third conferees on the part of the Senate. MESSAGE FROM THE HOUSE Announcing, the House not adopts the conference committee report on Substitute SB 86, requests a conference and appoints Representatives Cox, Humerickhouse and Correll as third conferees on the part of the House. The House adopts the conference committee report on SB 7. The House adopts the conference committee report on SB 147. The House adopts the conference committee report on SB 232. The House adopts the conference committee report on SB 333. The House accedes to the request of the Senate for a conference on SB 146 and has appointed Representatives Flower, Ballou and Weiland as second conferees on the part of the House. ORIGINAL MOTION On motion of Senator Steffes, the Senate acceded to the request of the House for a conference on Sub. SB 86. The President appointed Senators Steffes, Praeger and Feleciano as third conferees on the part of the Senate. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 7, 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 of the Whole amendments, as follows: On page 32, after line 18, by inserting the following: ``Section 1. K.S.A. 1996 Supp. 79-5028 is hereby amended to read as follows: 79-5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments thereto, shall not apply to or limit the levy of taxes for the payment of: (a) Principal and interest upon state infrastructure loans, bonds, temporary notes, nofund warrants and payments made to a public building commission; (b) judgments, settlements and expenses for protection against liability to the extent such expenses are authorized by article 61 of chapter 75 of the Kansas Statutes Annotated and amendments thereto; (c) employer contributions for social security, workers compensation, unemployment insurance, health care costs, employee benefit plans, and employee retirement and pension programs; (d) expenses incurred by counties for district court operations under the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and expenses incurred by counties for the detention of juveniles; 658 JOURNAL OF THE SENATE (e) expenses incurred by counties for payment of out-district tuition to community col leges pursuant to K.S.A. 71-301, and amendments thereto, and expenses incurred by coun ties and townships for payment of out-district tuition to municipal universities pursuant to K.S.A. 13-13a26, and amendments thereto; (f) expenses incurred for the first time on and after January 1, 1996, by cities in effec tuating programs specifically enacted and administered for the purpose of preventing ju venile delinquency and crime; or (g) expenses incurred by any taxing subdivision for rebates to owners of property in connection with a neighborhood revitalization program instituted in accordance with K.S.A. ~~1995~~ 1996 Supp. 12-17,114 et seq., and amendments thereto; or (h) expenses incurred by any taxing subdivision necessary to interface with the state criminal justice information system. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments thereto, do not apply to the tax levies authorized or required under K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto. Amounts produced from any taxes levied for purposes specified in this section shall not be used in computing any aggregate limitation under the provisions of this act. In addition, amounts needed to be produced from the levy of taxes by a taxing subdivision to replace the difference between the amount of revenue estimated to be received by such taxing subdivision pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990, and the amount of such revenue estimated to be received by such taxing subdivision in each year thereafter shall not be used in computing any aggregate limitation under the provisions of this act. On or before June 1 of each year, information necessary to make such computation shall be provided to each taxing subdivision by the appropriate county treasurer.''; By renumbering existing sections accordingly; On page 33, in line 1, by striking ``1998'' and inserting ``1999''; in line 9, before ``79-5036'' by inserting ``79-5028,''; In the title, in line 22, before ``79-5036'' by inserting ``79-5028,'' And your committee on conference recommends the adoption of this report. Audrey Langworthy David R. Corbin Janis K. Lee Conferees on part of House Phill Kline Tony Powell Bruce Larkin Conferees on part of Senate Senator Langworthy moved the Senate adopt the Conference Committee report on SB 7. On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Clark, Huelskamp, Morris, Pugh, Tyson. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 147, 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 2, by striking all of lines 9 through 12; by renumbering section 5 as section 4; April 11, 1997 659 And your committee on conference recommends the adoption of this report. Don Myers Clay Aurand Dennis McKinney Conferees on part of House Pat Ranson Stan Clark Jim Barone Conferees on part of Senate Senator Ranson moved the Senate adopt the Conference Committee report on SB 147. 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 House amend ments to SB 232, 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 of the Whole amendments, as follows: On page 2, by striking all in line 43; On page 3, by striking all in lines 1 through 9 and inserting: ``(b) If within two years following the effective date of the annexation of any tract pur suant to K.S.A. 12-520c, and amendments thereto, and upon petition of the owner of any such tract, the governing body of the city shall exclude such tract if the owner reimburses the city for all costs incurred by the city in the extension of services to such tract, together with interest on the amount of such costs at a rate provided by K.S.A. 16-201, and amend ments thereto. The owner shall be required to pay only those costs which are attributable to services which exclusively benefit such tract. The provisions of this subsection shall apply only to a tract which is under one ownership on the date the petition for exclusion is filed by the owner thereof with the city governing body, and which will not adjoin the city on the effective date of its exclusion from the city. The terms ``tract'' and ``owner'' in this subsection shall have the same meaning ascribed thereto in K.S.A. 12-519, and amendments thereto. The provisions of this subsection shall expire on December 31, 1997.''; On page 10, in line 18, by striking ``and section 9'' and inserting ``and sections 10 and 11''; On page 13, following line 25, by inserting: ``New Sec. 11. Nothing in this act is intended to prevent cities or counties from en forcing local laws, enacted under other legal authority, for the gradual elimination of non conforming uses.''; By renumbering sections accordingly; And your committee on conference recommends the adoption of this report. Larry Campbell Kent Glasscock Gwen Welshimer Conferees on part of House Janice L. Hardenburger Rich Becker Conferees on part of Senate 660 JOURNAL OF THE SENATE Senator Hardenburger moved the Senate adopt the Conference Committee report on SB 232. On roll call, the vote was: Yeas 25, nays 15, present and passing 0; absent or not voting 0. Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Ranson, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Barone, Biggs, Corbin, Downey, Feleciano, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Oleen, Petty, Pugh, Salisbury. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 333, 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 19, before ``K.S.A.'' by inserting ``On and after July 1, 1997,''; On page 2, in line 30, by striking ``derives no operating revenues from intrastate opera tions'' and inserting ``is under the jurisdiction of the commission and has not filed an annual report with the commission pursuant to K.S.A. 66-123, and amendments thereto, prior to the beginning of the commission's fiscal year''; in line 34, by striking ``, 3/5 of 1% of its'' and inserting ``under the jurisdiction of the commission, 0.6% of the public utility's or common carrier's''; On page 3, in line 7, after ``entity'' by inserting ``, other than a residential or small com mercial ratepayer,''; in line 11, before ``K.S.A.'' by inserting ``On and after July 1, 1997,''; in line 43, by striking ``$400'' and inserting ``$100''; On page 4, in line 18, before ``K.S.A.'' by inserting ``On and after July 1, 1997,''; in line 36, before ``K.S.A.'' by inserting ``On and after July 1, 1997,''; On page 5, after line 23, by inserting: ``Sec. 5. On and after July 1, 1997, K.S.A. 1996 Supp. 66-101d is hereby amended to read as follows: 66-101d. ~~It shall be the duty of the commission, either upon complaint or upon its own initiative, to~~ The commission, upon its own initiative, may investigate all sched ules of rates and rules and regulations of electric public utilities. If after investigation and hearing the commission finds that such rates or rules and regulations are unjust, unreason able, unjustly discriminatory or unduly preferential, the commission shall have the power to establish and order substituted therefor such rates and such rules and regulations as are just and reasonable. If after investigation and hearing it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, unduly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reason able service cannot be obtained, the commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts, and to make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and reasonable. When, in the judgment of the commission, public necessity and convenience require, the commission shall have the power to establish just and reasonable concentration or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be conducted in accordance with the provisions of the Kansas administra tive procedure act, unless, in the case of a general investigation, for good cause, the com mission orders otherwise. Sec. 6. On and after July 1, 1997, K.S.A. 1996 Supp. 66-101e is hereby amended to read as follows: 66-101e. Upon a complaint in writing made against any electric public utility governed by this act that any of the rates or rules and regulations of such electric public April 11, 1997 661 utility are in any respect unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any regulation, practice or act whatsoever affecting or relating to any service performed or to be performed by such electric public utility for the public, is in any respect unreasonable, unfair, unjust, unreasonably inefficient or insufficient, un justly discriminatory or unduly preferential, or that any service performed or to be per formed by such electric public utility for the public is unreasonably inadequate, inefficient, unduly insufficient or cannot be obtained, the commission ~~shall~~ may proceed, with or with out notice, to make such investigation as it deems necessary. ~~The commission may, upon its own motion, and without any complaint being made, proceed to make such investigation, but~~ No order changing such rates, rules and regulations, practices or acts complained of shall be made or entered by the commission without a formal public hearing, of which due notice shall be given by the commission to such electric public utility or to such complainant or complainants, if any, in accordance with the provisions of the Kansas administrative procedure act. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a commis sioner shall be deemed the investigations, hearings, decisions and orders of the commission, when approved by the commission. The commission shall have power to require electric public utilities to make such im provements and do such acts as are or may be required by law to be done by any such electric public utility. Sec. 7. On and after July 1, 1997, K.S.A. 66-1,191 is hereby amended to read as follows: 66-1,191. ~~It shall be the duty of the commission, either upon complaint or upon its own initiative, to~~ The commission, upon its own initiative, may investigate all rates, joint rates, tolls, charges and exactions, classifications or schedules of rates or joint rates and rules and regulations of telecommunications public utilities. If after full hearing and investigation the commission finds that such rates, joint rates, tolls, charges or exactions, classifications or schedules of rates or joint rates or rules and regulations are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to fix and order substituted therefor such rates, tolls, charges, exactions, classifications or schedules of rates or joint rates and such rules and regulations as are just and reasonable. If upon any investigation it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, un duly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the commission may substitute therefor such other regulations, measurements, practices, service or acts, and make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and reasonable. When, in the judgment of the commission, public necessity and convenience require, the commission may establish just and reasonable concentration or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act, unless, in the case of a general investigation, for good cause, the commission orders otherwise. Sec. 8. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,192 is hereby amended to read as follows: 66-1,192. (a) Upon a complaint in writing made against any telecommuni cations public utility governed by this act, ~~by any mercantile, agricultural or manufacturing organization or society, or by any body politic or municipal organization, or by any taxpayer, firm, corporation or association,~~ that any of the rates or joint rates, tolls, charges, rules, regulations, classifications or schedules of such telecommunications public utility are in any respect unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any regulation, practice or act whatsoever affecting or relating to any service per formed or to be performed by such telecommunications public utility for the public, is in any respect unreasonable, unfair, unjust, unreasonably inefficient or insufficient, unjustly discriminatory or unduly preferential, or that any service performed or to be performed by such telecommunications public utility for the public is unreasonably inadequate, inefficient, 662 JOURNAL OF THE SENATE unduly insufficient or cannot be obtained, the commission ~~shall~~ may proceed, with or with out notice, to make such investigation as it deems necessary. ~~The commission may, upon its own motion, and without any complaint being made, proceed to make such investigation, but~~ No order changing such rates, joint rates, tolls, charges, rules, regulations and classifications, schedules, practices or acts complained of shall be made or entered by the commission without a formal public hearing in accordance with the provisions of the Kansas administrative procedure act, of which due notice shall be given by the commission to such telecommunications public utility or to such complainant or complainants, if any. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a commissioner shall be deemed the investigations, hearings, decisions and orders of the commission, when approved by the commission. (b) The commission shall have power to require telecommunications public utilities to make such improvements and do such acts as are or may be required by law to be done by any such telecommunications public utility. Sec. 9. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,204 is hereby amended to read as follows: 66-1,204. ~~It shall be the duty of the commission, either upon complaint or upon its own initiative, to~~ The commission, upon its own initiative, may investigate all sched ules of rates and rules and regulations of natural gas public utilities. If after investigation and hearing the commission finds that such rates or rules and regulations are unjust, un reasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to establish and order substituted therefor such rates and such rules and regulations as are just and reasonable. If after investigation and hearing it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, unduly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reason able service cannot be obtained, the commission may substitute therefor such other regu lations, measurements, practices, service or acts, and make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and rea sonable. When, in the judgment of the commission, public necessity and convenience re quire, the commission may establish just and reasonable concentration or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be con ducted in accordance with the provisions of the Kansas administrative procedure act, unless, in the case of a general investigation, for good cause, the commission orders otherwise. Sec. 10. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,205 is hereby amended to read as follows: 66-1,205. (a) Upon a complaint in writing made against any natural gas public utility governed by this act that any rates or rules and regulations of such natural gas public utility are in any respect unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any rule and regulation, practice or act whatsoever affecting or relating to any service performed or to be performed by such natural gas public utility for the public, is in any respect unreasonable, unfair, unjust, unreasonably inefficient or insufficient, unjustly discriminatory or unduly preferential, or that any service performed or to be performed by such natural gas public utility for the public is unreasonably inade quate, inefficient, unduly insufficient or cannot be obtained, the commission ~~shall~~ may proceed, with or without notice, to make such investigation as it deems necessary. ~~The commission, upon its own motion and without any complaint being made, may pro ceed to make such investigation, but~~ No order changing such rates, rules and regulations, practices or acts complained of shall be made or entered by the commission without a formal public hearing in accordance with the provisions of the Kansas administrative procedure act, of which due notice shall be given by the commission to such natural gas public utility or to such complainant or complainants, if any. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a com April 11, 1997 663 missioner shall be deemed the investigations, hearings, decisions and orders of the com mission, when approved by the commission. (b) The commission shall have power to require natural gas public utilities to make such improvements and do such acts as are or may be required by law to be done by any such natural gas public utility. Sec. 11. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,219 is hereby amended to read as follows: 66-1,219. ~~It shall be the duty of the commission, either upon complaint or upon its own initiative, to~~ The commission, upon its own initiative, may investigate all rates, joint rates, tolls, charges and exactions, classifications or schedules of rates or joint rates and rules and regulations of common carriers, except a motor carrier holding a certificate of public service. If after full hearing and investigation the commission finds that such rates, joint rates, tolls, charges or exactions, classifications or schedules of rates or joint rates or rules and regulations are unjust, unreasonable, unjustly discriminatory or unduly preferen tial, the commission shall have the power to fix and order substituted therefor such rates, tolls, charges, exactions, classifications or schedules of rates or joint rates and such rules and regulations as are just and reasonable. If upon any investigation it is found that any such regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, unduly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reason able service cannot be obtained, the commission may substitute therefor such other regu lations, measurements, practices, service or acts, and make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and rea sonable. When, in the judgment of the commission, public necessity and convenience re quire, the commission may establish just and reasonable concentration or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be con ducted in accordance with the provisions of the Kansas administrative procedure act, unless, in the case of a general investigation, for good cause, the commission orders otherwise. Sec. 12. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,220 is hereby amended to read as follows: 66-1,220. (a) Upon a complaint in writing made against any common carrier, except a motor carrier holding a certificate of public service, governed by this act~~, by any mercantile, agricultural or manufacturing organization or society, or by any body politic or municipal organization, or by any taxpayer, firm, corporation or association,~~ that any of the rates or joint rates, fares, tolls, charges, rules, regulations, classifications or schedules of such common carrier are in any respect unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any regulation, practice or act whatsoever affecting or relating to any service performed or to be performed by such common carrier for the public, is in any respect unreasonable, unfair, unjust, unreasonably inefficient or insufficient, un justly discriminatory or unduly preferential, or that any service performed or to be per formed by such common carrier for the public is unreasonably inadequate, inefficient, un duly insufficient or cannot be obtained, the commission ~~shall~~ may proceed, with or without notice, to make such investigation as it deems necessary. ~~The commission, upon its own motion, and without any complaint being made, may proceed to make such investigation, but~~ No order changing such rates, joint rates, tolls, charges, rules, regulations and classifications, schedules, practices or acts complained of shall be made or entered by the commission without a formal public hearing in accordance with the provisions of the Kansas administrative procedure act, of which due notice shall be given by the commission to such common carrier or to such complainant or complainants, if any. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a commissioner shall be deemed the investigations, hearings, decisions and orders of the commission, when approved by the commission. (b) The commission shall have power to require common carriers, except a motor carrier holding a certificate of public service, to make such improvements and do such acts as are or may be required by law to be done by any such common carrier. 664 JOURNAL OF THE SENATE Sec. 13. On and after July 1, 1997, K.S.A. 66-1,234 is hereby amended to read as follows: 66-1,234. ~~It shall be the duty of the commission, either upon complaint or upon its own initiative, to~~ The commission, upon its own initiative, may investigate all rates, joint rates, tolls, charges and exactions, classifications or schedules of rates or joint rates and rules and regulations of miscellaneous public utilities. If after full hearing and investigation the commission finds that such rates, joint rates, tolls, charges or exactions, classifications or schedules of rates or joint rates or rules and regulations are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to fix and order substituted therefor such rates, tolls, charges, exactions, classifications or schedules of rates or joint rates and such rules and regulations as are just and reasonable. If upon any investigation it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, un duly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the commission may substitute therefor such other regulations, measurements, practices, service or acts, and make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and reasonable. When, in the judgment of the commission, public necessity and convenience require, the commission may establish just and reasonable concentration, commodity, transit or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act, unless, in the case of a general investigation, for good cause, the commission orders otherwise. Sec. 14. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,235 is hereby amended to read as follows: 66-1,235. (a) Upon a complaint in writing made against any miscellaneous public utility governed by this act, ~~by any mercantile, agricultural or manufacturing organ ization or society, or by any body politic or municipal organization, or by any taxpayer, firm, corporation or association,~~ that any of the rates or joint rates, tolls, charges, rules, regulations, classifications or schedules of such miscellaneous public utility are in any respect unreason able, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any regulation, practice or act whatsoever affecting or relating to any service performed or to be performed by such miscellaneous public utility for the public, is in any respect unrea sonable, unfair, unjust, unreasonably inefficient or insufficient, unjustly discriminatory or unduly preferential, or that any service performed or to be performed by such miscellaneous public utility for the public is unreasonably inadequate, inefficient, unduly insufficient or cannot be obtained, the commission ~~shall~~ may proceed, with or without notice, to make such investigation as it deems necessary. ~~The commission may, upon its own motion, and without any complaint being made, proceed to make such investigation, but~~ No order changing such rates, joint rates, fares, tolls, charges, rules, regulations and classifications, schedules, practices or acts complained of shall be made or entered by the commission without a formal public hearing in accordance with the provisions of the Kansas administrative procedure act, of which due notice shall be given by the commission to such miscellaneous public utility or to such complainant or complainants, if any. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a commissioner shall be deemed the investigations, hearings, decisions and orders of the commission, when approved by the commission. (b) The commission shall have power to require miscellaneous public utilities to make such improvements and do such acts as are or may be required by law to be done by any such miscellaneous public utility. New Sec. 15. (a) The state corporation commission shall have the authority to exempt any public utility or common carrier over which the commission has jurisdiction from the requirements of publishing and filing with the commission copies of schedules of rates, joint rates, tolls, charges, classifications and divisions of rates for jurisdictional services affecting Kansas customers and charged for any such service that is not subject to price regulation. April 11, 1997 665 After a public utility or common carrier service has been exempted from such requirements, the commission may require such public utility or common carrier to publish and file with the commission tariffs for such service when necessary to protect consumers from fraudulent business practices or practices that are inconsistent with the public interest, convenience and necessity or when the commission otherwise deems necessary. (b) The provisions of this section shall take effect on and after July 1, 1997. Sec. 16. On and after July 1, 1997, K.S.A. 1996 Supp. 66-125 is hereby amended to read as follows: 66-125. (a) Any investor-owned electric public utility incorporated in the state of Kansas ~~having a total capitalization in excess of $1 billion dollars~~ may issue stocks, certificates, bonds, notes or other evidences of indebtedness, payable at periods of more than 12 months after the date thereof, when necessary for the acquisition of property, for the purpose of carrying out its corporate powers, the construction, completion, extension or improvements of its facilities, for the improvements or maintenance of its service, for the discharge or lawful refunding of its obligations, or for such other purposes as may be au thorized by law. Prior to any such issuance, there shall be secured from the commission a certificate stating the amount, character, purposes and terms on which such stocks, certif icates, bonds, notes or other evidences of indebtedness are proposed to be issued, as set out in the application for such certificate. In lieu of securing a certificate from the com mission, if the issuance requires a registration statement to be filed with the securities and exchange commission or such utility obtains an authorization or approval of such issuance from another state or federal agency, the public utility may file with the state corporation commission a copy of the information filed with the securities and exchange commission or such other agency. (b) The proceedings for obtaining such certificate from the commission and the con ditions of its being issued shall be as follows: (1) In case the stocks, certificates, bonds, notes or other evidences of indebtedness are to be issued for money only, the public utility or common carrier shall file with the com mission a statement, signed and verified by the president or other chief officer of the com pany having knowledge of the facts, showing: (A) The amount and character of the proposed stocks, certificates, bonds, notes or other evidences of indebtedness; (B) the general purposes for which they are to be issued; (C) the terms on which they are to be issued; (D) the total assets and liabilities of the public utility or common carrier; and (E) that the capital sought to be secured by the issuance of such stocks, certificates, bonds, notes or other evidences of indebtedness is necessary and required for such purposes and will be used therefor. (2) In case stocks, certificates, bonds, notes or other evidences of indebtedness are to be issued partly or wholly for property or services or other consideration than money, the public utility or common carrier shall file with the commission a statement, signed and verified by the president or other chief officer having knowledge of the facts, showing: (A) The amount and character of the stocks, certificates, bonds, notes or other evidences of indebtedness proposed to be issued; (B) the general purposes for which they are to be issued; (C) a general description and an estimated value of the property or services for which they are to be issued; (D) the terms on which they are to be issued or exchanged; (E) the amount of money, if any, to be received for the same in addition to such prop erty, services or other consideration; (F) the total assets and liabilities of the public utility or common carrier; and (G) that the capital sought to be secured by the issuance of such stocks, certificates, bonds, notes or other evidences of indebtedness is necessary and required for such purposes and will be used therefor. (c) The commission may also require the public utility or common carrier to furnish such further statements of facts as may be reasonable and pertinent to the inquiry. Upon full compliance by the applicant with the provisions of this section the commission shall forthwith issue a certificate stating the amount, character, purposes and terms upon which 666 JOURNAL OF THE SENATE such stocks, certificates, bonds, notes or other evidences of indebtedness are proposed to be issued, as set out in the application for such certificate. Any issue of stocks, certificates, bonds, notes or other evidences of indebtedness not payable within one year, which shall be issued by such public utility or common carrier contrary to the provisions of this act shall be voidable by the commission, except as provided in subsection (d). (d) The provisions of this section shall not apply to motor carriers, as defined in K.S.A. 66-1,108, and amendments thereto or any public utility except as provided in subsection (a). Any issue of stocks, certificates, bonds, notes or other evidences of indebtedness not payable within one year, which were issued by a motor carrier prior to the effective date of this act without obtaining a certificate from the commission shall be deemed valid. New Sec. 17. (a) The American Society of Heating and Air Conditioning Engineers/ Illuminating Society of North America 1989 90-1 Standard or Code (ASHRAE/IES 90.189) is hereby adopted as the applicable thermal efficiency standard for new commercial and industrial structures in this state. (b) The state corporation commission has no authority to adopt or enforce energy ef ficiency standards for residential, commercial or industrial structures. (c) Nothing in this section shall be construed to preclude a city or county from adopting or enforcing thermal efficiency standards for structures within the jurisdiction of such city or county. New Sec. 18. (a) Except as provided by subsection (b), the person building or selling a previously unoccupied new residential structure shall disclose to the buyer information regarding the thermal efficiency of the structure on a form prepared and disseminated by the state corporation commission, which form shall be substantially as follows: ``ENERGY EFFICIENCY DISCLOSURE This residence (mark one of the following): ______ 1. Has been built to meet the energy efficiency standards of the Model Energy Code of 1993 ______ 2. Has been built to include the following energy efficiency elements: (1) Insulation values (R-value of insulation installed) for each of the following: Ceiling with attic above R-value ______ Cathedral ceiling R-value ______ Opaque walls R-value ______ Floors over unheated spaces R-value ______ Floors over outside air R-value ______ Foundation type: Slab-on-grade ______ Crawlspace ______ Basement and percent of basement walls underground (2) Thermal properties of windows and doors for each of the following: Entry door(s) R-value ______ Sliding door(s) R-value ______ Other exterior doors R-value ______ Garage to house door R-value ______ Window U-value (determined from NFRC rating label or default table) ______ (3) HVAC equipment efficiency levels: Heating systems: Gas fired forced air furnace AFUE rating ______ Electric heat pump HSPF rating ______ Air conditioning systems: Electric unit SEER rating ______ Electric heat pump EER rating ______ Ground source heat pump EER rating ______ Duct insulation levels: Insulation R-value of ducts outside envelope ______ Thermostat: Manual control type ______ April 11, 1997 667 Automatic set-back type ______ (4) Water heating efficiency levels: Water heater fuel type ______ Water heater capacity ______ NAECA energy factor ______'' (b) If a structure is subject to both the national manufactured housing construction and safety standards act (42 U.S.C. 5403) and the federal trade commission regulation on la beling and advertising of home insulation, 16 CFR section 460.16, both as in effect on the effective date of this act, the builder or seller may disclose, instead of the information required by subsection (a), the information regarding such structure that is required to be disclosed pursuant to such federal act and regulation. Sec. 19. On and after July 1, 1997, K.S.A. 1996 Supp. 66-117 is hereby amended to read as follows: 66-117. (a) Unless the state corporation commission otherwise orders, no common carrier or public utility over which the commission has control shall make effective any changed rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of such public utility or common carrier except by filing the same with the commission at least 30 days prior to the proposed effective date. The commission, for good cause, may allow such changed rate, joint rate, toll, charge or classification or schedule of charges, or rule or regulation or practice per taining to the service or rates of any such public utility or common carrier to become effective on less than 30 days' notice. If the commission allows a change to become effective on less than 30 days' notice, the effective date of the allowed change shall be the date established in the commission order approving such change, or the date of the order if no effective date is otherwise established. Any such proposed change shall be shown by filing with the state corporation commission a schedule showing the changes, and such changes shall be plainly indicated by proper reference marks in amendments or supplements to existing tariffs, schedules or classifications, or in new issues thereof. (b) Whenever any common carrier or public utility governed by the provisions of this act files with the state corporation commission a schedule showing the changes desired to be made and put in force by such public utility or common carrier, the commission either upon complaint or upon its own motion, may give notice and hold a hearing upon such proposed changes. Pending such hearing, the commission may suspend the operation of such schedule and defer the effective date of such change in rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier by delivering to such public utility or common carrier a statement in writing of its reasons for such suspension. (c) The commission shall not delay the effective date of the proposed change in rate, joint rate, toll, charge or classification or schedule of charges, or in any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, more than 240 days beyond the date the public utility or common carrier filed its application requesting the proposed change. If the commission does not suspend the proposed schedule within 30 days of the date the same is filed by the public utility or common carrier, such proposed schedule shall be deemed approved by the commission and shall take effect on the proposed effective date. If the commission has not issued a final order on the proposed change in any rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, within 240 days after the carrier or utility files its application requesting the proposed change, then the schedule shall be deemed approved by the commission and the proposed change shall be effective immediately, except that (1) for purposes of the foregoing provisions regarding the period of time within which the commission shall act on an application, any amendment to an application for a proposed change in any rate, which increases the amount sought by the public utility or common carrier or substantially alters the facts used as a basis for such requested change of rate, shall, at the option of the commission, be deemed a new application and the 240-day period shall begin again from the date of the filing of the amendment, ~~and~~ (2) if hearings are in process before the commission on a proposed change requested by the public utility or common carrier on the 668 JOURNAL OF THE SENATE last day of such 240-day period, such period shall be extended to the end of such hearings plus 20 days to allow the commission to prepare and issue its final order, and, (3) nothing in this subsection shall preclude the public utility or common carrier and the commission from agreeing to a waiver or an extension of the 240-day period. ~~(c)~~ (d) Except as provided in subsection ~~(b)~~ (c), no change shall be made in any rate, toll, charge, classification or schedule of charges or joint rates, or in any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, without the consent of the commission. Within 30 days after such changes have been au thorized by the state corporation commission or become effective as provided in subsection ~~(b)~~ (c), copies of all tariffs, schedules and classifications, and all rules and regulations, except those determined to be confidential under rules and regulations adopted by the commission, shall be filed in every station, office or depot of every such public utility and every common carrier in this state, for public inspection. ~~(d)~~ (e) Upon a showing by a public utility before the state corporation commission at a public hearing and a finding by the commission that such utility has invested in projects or systems that can be reasonably expected (1) to produce energy from a renewable resource other than nuclear for the use of its customers, (2) to cause the conservation of energy used by its customers, or (3) to bring about the more efficient use of energy by its customers, the commission may allow a return on such investment equal to an increment of from 1/2% to 2% plus an amount equal to the rate of return fixed for the utility's other investment in property found by the commission to be used or required to be used in its services to the public. The commission may also allow such higher rate of return on investments by a public utility in experimental projects, such as load management devices, which it determines after public hearing to be reasonably designed to cause more efficient utilization of energy and in energy conservation programs or measures which it determines after public hearing pro vides a reduction in energy usage by its customers in a cost-effective manner. ~~(e)~~ (f) Whenever, after the effective date of this act, an electric public utility, a natural gas public utility or a combination thereof, files tariffs reflecting a surcharge on the utility's bills for utility service designed to collect the annual increase in expense charged on its books and records for ad valorem taxes, such utility shall report annually to the state cor poration commission the changes in expense charged for ad valorem taxes. For purposes of this section, such amounts charged to expense on the books and records of the utility may be estimated once the total property tax payment is known. If found necessary by the commission or the utility, the utility shall file tariffs which reflect the change as a revision to the surcharge. Upon a showing that the surcharge is applied to bills in a reasonable manner and is calculated to substantially collect the increase in ad valorem tax expense charged on the books and records of the utility, or reduce any existing surcharge based upon a decrease in ad valorem tax expense incurred on the books and records of the utility, the commission shall approve such tariffs within 30 days of the filing. Any over or under col lection of the actual ad valorem tax increase charged to expense on the books of the utility shall be either credited or collected through the surcharge in subsequent periods. The establishment of a surcharge under this section shall not be deemed to be a rate increase for purposes of this act. The net effect of any surcharges established under this section shall be included by the commission in the establishment of base rates in any subsequent rate case filed by the utility. ~~(f)~~ (g) Except as to the time limits prescribed in subsection ~~(b)~~ (c), proceedings under this section shall be conducted in accordance with the provisions of the Kansas administra tive procedure act. Sec. 20. On and after July 1, 1997, K.S.A. 1996 Supp. 55-150 is hereby amended to read as follows: 55-150. As used in this act unless the context requires a different meaning: (a) ``Commission'' means the state corporation commission. (b) ``Contractor'' means any person who acts as agent for an operator as a drilling, plugging, service rig or seismograph contractor in such operator's oil and gas, cathodic protection, gas gathering or underground natural gas storage operations. (c) ``Fresh water'' means water containing not more than 1,000 milligrams per liter, total dissolved solids. April 11, 1997 669 (d) ``Gas gathering system'' means a natural gas pipeline system used primarily for trans porting natural gas from a wellhead, or a metering point for natural gas produced by one or more wells, to a point of entry into a main transmission line, but shall not mean or include: (1) ~~the gathering of natural gas produced from wells owned and operated by the gatherer and where the gathering system is used exclusively for its own private purposes; (2)~~ Lead lines from the wellhead to the connection with the gathering system which are owned by the producing ~~entity~~ person; and ~~(3)~~ (2) gathering systems ~~used exclusively for injection and withdrawal from natural gas storage fields~~ under the jurisdiction of the federal energy reg ulatory commission. (e) ``Operator'' means a person who is responsible for the physical operation and control of a well, gas gathering system or underground natural gas storage facility. (f) ``Person'' means any natural person, partnership, governmental or political subdivi sion, firm, association, corporation or other legal entity. (g) ``Rig'' means any crane machine used for drilling or plugging wells. (h) ``Usable water'' means water containing not more than 10,000 milligrams per liter, total dissolved solids. (i) ``Well'' means a hole drilled or recompleted for the purpose of: (1) Producing oil or gas; (2) injecting fluid, air or gas in the ground in connection with the exploration for or production of oil or gas; (3) obtaining geological information in connection with the exploration for or production of oil or gas by taking cores or through seismic operations; (4) disposing of fluids produced in connection with the exploration for or production of oil or gas; (5) providing cathodic protection to prevent corrosion to lines; or (6) injecting or withdrawing natural gas. New Sec. 21. On and after July 1, 1997, the term ``public utility'' as used in K.S.A. 66104, and amendments thereto, and the term ``common carriers'' as used in K.S.A. 66-105, and amendments thereto, shall not include any gas gathering system, as defined in K.S.A. 55-150, and amendments thereto. New Sec. 22. (a) As used in sections 22 through 30: (1) ``Gas gathering services'' means the gathering or preparation of natural gas for trans portation, whether such services are performed for hire or in connection with the purchase of natural gas by the person gathering or preparing the gas or a marketer affiliated with the person gathering or preparing the gas. ``Gas gathering services'' does not include the gath ering of natural gas by an owner or operator of gathering facilities who: (A) Does not hold such facilities out for hire on or after the effective date of this act; or (B) does not purchase the gas for resale. (2) Other terms have the meanings provided by K.S.A. 55-150, and amendments thereto. (b) The provisions of sections 22 through 30 shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated. (c) This section shall take effect and be in force on and after July 1, 1997. New Sec. 23. (a) Each person offering gas gathering services in this state shall file with the commission copies of: (1) Rates paid for natural gas purchased at the wellhead by the person offering gas gathering services; (2) all rates charged for gas gathering services offered by such person; and (3) such data related to the characteristics of the gas purchased or gathered by the person offering gas gathering services and such information regarding the terms and duration of the contract as the commission determines necessary. The commission shall adopt rules and regulations prescribing the form and times of filing of such rates, data and information. The commission shall not be required to analyze, publish or disseminate such rates, data and information except to the extent otherwise required by law. (b) Upon notice and an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act, the commission may impose an administrative fine on any person for failure to file any rate, data or information as required by this section and rules and regulations of the commission. Such fine shall not exceed $10,000 for each day 670 JOURNAL OF THE SENATE the rate, data or information remains unfiled as required or an aggregate amount of $250,000, whichever is less. (c) Rates, data and information filed pursuant to this section shall not be used by the commission to order a change in any rate except in a proceeding pursuant to section 25. (d) Rates, data and information filed pursuant to this section shall not be subject to K.S.A. 66-1220a, and amendments thereto. (e) This section shall take effect and be in force on and after July 1, 1997. New Sec. 24. (a) Persons offering gas gathering services in this state, or facilities es sential to provision of such services, shall provide, in a manner that is just, reasonable, not unjustly discriminatory and not unduly preferential, access to any person seeking such serv ices or facilities. (b) Persons performing gas gathering services shall engage in practices in connection with such services, and charge fees for such services, that are just, reasonable, not unjustly discriminatory and not unduly preferential. (c) This section shall take effect and be in force on and after July 1, 1997. New Sec. 25. (a) The commission, in its discretion, may at any time review a fee, term or practice being used by a person offering gas gathering services to ascertain whether a violation of section 24 has occurred. Upon such review, the commission may initiate a proceeding to determine whether a violation of section 24 has occurred. Upon notice and an opportunity for hearing in accordance with the Kansas administrative procedure act, the commission shall have authority to order the remediation of any violation of section 24 that the commission finds has occurred. (b) Any consumer of gas gathering services, any person seeking direct purchase of nat ural gas at the wellhead or any royalty owner, may request the commission to investigate and initiate proceedings to review a fee, term or practice being used by a person offering gas gathering services. As a condition to formal commission action, the person requesting commission action must first file a complaint that includes: (1) A statement that the complainant has presented the complaint, in writing, to the person offering gas gathering services and included a request for a meeting with such person to discuss the matter; (2) a copy of the document described in subsection (b)(1); (3) a statement that the requested meeting took place or the person offering gas gath ering services refused to meet with the complainant; (4) detailed factual statement indicating how the fee, term or practice violates section 24; (5) a statement of the precise remedy being requested that will make the fee, term or practice consistent with the provisions of section 24; (6) if the complainant is a producer of natural gas, a copy of the analysis of the com plainant's natural gas, including the nitrogen, carbon dioxide, hydrogen sulfide, water and other contaminant content; the amount of volume; and the amount of pressure at the well head; and (7) if available, a map showing the location of the affected wells and all gas gathering systems in the area. (c) The commission may resolve the complaint by use of an informal procedure estab lished by the commission pursuant to rules and regulations adopted by the commission or the commission may conduct a formal hearing and take evidence as necessary to determine the merits of the complaint. If the commission uses an informal procedure and the complaint is not resolved within 60 days after the complaint is filed, the commission shall conduct a formal hearing on the complaint. The hearing shall be conducted and notice given in ac cordance with the Kansas administrative procedure act. Upon such hearing, the commission shall have authority to order the remediation of any violations of section 24, to the extent necessary for remediation as to the aggrieved person with respect to the particular violation. (d) In evaluating a fee or term, or in establishing a reasonable fee or term, the com mission is not required to engage in cost-of-service ratemaking or any other form of rate making. Instead, the commission can employ any form of analysis and remedy that is de signed to accomplish the goals of this act while respecting the legitimate property interests of the person offering the gas gathering services. April 11, 1997 671 (e) Any natural gas producer using the gas gathering facilities of a person engaged in activities described in subsection (a)(1)(A) or (B) of section 22 may request the commission to investigate and initiate proceedings to review the fees, terms and practices of the person engaged in such activities. The commission shall conduct such investigation and proceeding in the same manner as provided by this section for complaints filed pursuant to subsection (b) and may order the remediation of any violation of subsection (b) of section 24 that the commission finds would exist except for the exemption provided by subsection (a)(1)(A) or (B) of section 22. (f) The commission shall maintain a publicized telephone number to facilitate the filing of informal complaints pursuant to subsection (b) or (e). (g) The commission shall adopt such rules and regulations as the commission determines reasonably necessary to prevent abuse of the complaint procedure provided for by this section. Such rules and regulations shall include provisions to prevent delay of the proceed ings that may damage a party's ability to pursue or defend the complaint. New Sec. 26. (a) The commission may adopt such rules and regulations as the com mission determines necessary to improve access to gas gathering services or to improve market competition or protect the public interest in such services. (b) This section shall take effect and be in force on and after July 1, 1997. New Sec. 27. (a) The commission may exempt natural gas sold directly to a consumer from the wellhead before the gas enters a gathering system from rate averaging or pricing systems that apply to gas sold from a gas gathering system. (b) This section shall take effect and be in force on and after July 1, 1997. New Sec. 28. (a) In any retail natural gas service area where the commission has granted a certificate of convenience and necessity to sell natural gas at retail from a gas gathering system, the commission may issue other certificates of convenience and necessity to make such sales in such area. A person purchasing natural gas or gas gathering services from a person offering gas gathering services in a retail natural gas service area where the com mission has issued more than one certificate of convenience and necessity shall not be assessed an exit fee for electing to purchase natural gas or gas gathering services from another person offering gas gathering services. (b) This section shall take effect and be in force on and after July 1, 1997. New Sec. 29. (a) Nothing in sections 22 through 28 shall be construed, or authorize the commission, to amend any contractual obligations between the person offering gas gathering services and the complainant unless the commission determines, after investiga tion, notice and hearing, that such contractual obligations are unjust, unreasonable, unjustly discriminatory or unduly preferential and adversely impact the public welfare. (b) This section shall take effect and be in force on and after July 1, 1997. New Sec. 30. If a public utility providing service from a gas gathering system deter mines that such utility lacks sufficient services or facilities to serve the needs of any person wishing to utilize such utility's services within such utility's certificated service area during any calendar year, such utility, not later than November 1 preceding the beginning of such calendar year, shall give notice thereof to the commission and to each person that such utility determines it will be unable to serve. New Sec. 31. If any provisions of this act or the application of this act to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application. To this end the provisions of this act are severable. Sec. 32. K.S.A. 66-131a is hereby repealed.''; Also on page 5, by renumbering sections 5 and 6 as sections 33 and 34; in line 24, by striking the first ``K.S.A.'' and inserting ``On and after July 1, 1997, K.S.A. 66-1,191, 661,234,''; in line 25, by striking ``66-118b'' and inserting ``55-150, 66-101d, 66-101e, 66-117, 6-118b, 66-125, 66-1,192, 66-1,204, 66-1,205, 66-1,219, 66-1,220, 66-1,235''; in line 27, by striking ``statute book'' and inserting ``Kansas register''; In the title, in line 12, by striking ``relating to'' and inserting ``powers and duties;''; in line 13, by striking all after ``expenses''; in line 14, by striking ``cerning'' and inserting a semicolon; also in line 14, after the semicolon by inserting: ``granting of exemptions from certain filing requirements; issuance of certain certificates; duties and authority relating to energy effi 672 JOURNAL OF THE SENATE ciency standards for buildings; changes in rates and schedules of public utilities and common carriers; regulation of natural gas gathering systems and services;''; also in line 14, after ``K.S.A.'' by inserting ``66-1,191, 66-1,234,''; in line 15, by striking ``66-118b'' and inserting ``55-150, 66-101d, 66-101e, 66-117, 66-118b, 66-125, 66-1,192, 66-1,204, 66-1,205, 661,219, 66-1,220, 66-1,235''; in line 16, after ``sections'' by inserting ``; also repealing K.S.A. 66-131a''; And your committee on conference recommends the adoption of this report. Don Myers Tom Sloan Dennis McKinney Conferees on part of House Pat Ranson Alicia Salisbury Jim Barone Conferees on part of Senate Senator Ranson moved the Senate adopt the Conference Committee report on SB 333. 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. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Vidricksen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1858-- By Senator Vidricksen A RESOLUTION congratulating and commending the establishment of the Kansas Auto Racing Museum. WHEREAS, The City of Chapman has agreed to purchase a 20 acre parcel of real estate for the newly developed Chapman Industrial Park and to sell 10 of the acres to DT, Inc. for the development of the Kansas Auto Racing Museum. Kansas Travel and Tourism has awarded approximately $34,000 to the City of Chapman to assist in the development of the museum. The first phase of the project will consist of the construction of the main museum building to display the proud, rich auto racing tradition of our state; and WHEREAS, The National Hot Rod Association (N.H.R.A.) was born in Great Bend, Kansas, in the 50's and has developed into the major sanctioning body for drag racing events worldwide. The winner of the first NASCAR race ever held was from Kansas. Jim Roper, then of Wichita, won the first NASCAR race ever held in June, 1949, at Charlotte Motor Speedway. The mini-stock class that now races nationwide was born in Kansas in the early 80's. Many racing notables have honed their racing skills at tracks in Kansas; and WHEREAS, Construction on the museum facility is scheduled to begin during the sum mer of 1997 with the museum open to the public in late July 1998. The museum will also trace the history of auto racing in Kansas and the contributions Kansans have made to racing at the national level. The museum will be open year-round and located approximately 300 yards from I-70 at the Chapman exit; and WHEREAS, In addition to museum exhibits the museum complex will also contain its own studio for the production and development of a weekly auto racing show entitled ``Finish Line.'' ``Finish Line'' will provide racing results, highlights, interviews, track facts, human interest stories, business stories and racing related matters throughout Kansas on a weekly basis; and WHEREAS, The City of Chapman and DT, Inc. anticipate the museum will become a major tourist attraction to central Kansas to display the proud racing history of our state, promote Kansas tracks and the auto racing industry in our state: Now, therefore, April 11, 1997 673 Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the City of Chapman and Doug and Connie Thompson, owners of DT, Inc., upon the establishment of the Kansas Auto Racing Museum; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Doug Thompson, 406 NW 3rd, P.O. Box 473, Abilene, KS 67410; Chapman City Commission, 402 N. Marshall, Chapman, KS 67431; Chapman Ad vertiser, 437 N. Marshall, Chapman, KS 67431; Dickinson County Commission, Dickinson County Courthouse, Abilene, KS 67410 and Abilene Reflector Chronicle, 403 N. Broadway, Abilene, KS 67410. On emergency motion of Senator Vidricksen SR 1858 was adopted unanimously. MESSAGE FROM THE HOUSE Announcing, the House adopts the conference committee report on SB 22. The House adopts the conference committee report on SB 51. The House adopts the conference committee report on SB 162. The House adopts the conference committee report on SB 197. The House not adopts the conference committee report on SB 164, requests a conference and appoints Representatives Mayans, Morrison and Henry as second conferees on the part of the House. ORIGINAL MOTION On motion of Senator Praeger, the Senate acceded to the request of the House for a conference on SB 164. The President appointed Senators Praeger, Salmans and Steineger as second conferees on the part of the Senate on SB 164. CONFERENCE COMMITTEE REPORT MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 22, 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 5, by striking all in lines 32 through 43; On page 6, by striking all in lines 1 through 28; in line 29, by striking ``19-430 and K.S.A.''; also, in line 29, by striking ``are'' and inserting ``is''; By renumbering existing sections accordingly; In the title, in line 15, by striking all after the semicolon; in line 16, by striking all before ``amending''; also, in line 16, by striking ``19-430 and K.S.A.''; in line 17, by striking ``sections'' and inserting ``section''; And your committee on conference recommends the adoption of this report. Audrey Langworthy David R. Corbin Janis K. Lee Conferees on part of House Phill Kline Tony Powell Bruce Larkin Conferees on part of Senate Senator Langworthy moved the Senate adopt the Conference Committee report on SB 22. 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. 674 JOURNAL OF THE SENATE The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 51, 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 on Final Action amend ments, as follows: On page 1, in line 41, by striking all after ``thereto''; by striking all in line 42 and inserting ``, determined without regard to the provisions of K.S.A. 79-32,139, and amendments thereto, and the provisions of paragraph (xiv) of subsection (c) of K.S.A. 79-32,117, and amendments thereto,''; On page 5, by striking all in lines 33 through 43; By striking all on pages 6 and 7; On page 8, by striking all in lines 1 through 20 and inserting the following: ``Sec. 3. K.S.A. 1996 Supp. 79-32,175 is hereby amended to read as follows: 79-32,175. As used in this act: (a) ``Accessible to individuals with a disability'' means in conformance with Title I and Title III of the Americans with disabilities act of 1990, 42 USCA 12101 et seq. and 28 CFR Part 36 and 29 CFR 1630 et seq. (b) ``Facility'' means facility as such term is defined in 28 CFR Part 36.104, but shall not mean new construction or any addition made to an existing facility except with regard to a facility described by K.S.A. 79-32,176, and amendments thereto. (c) ``Expenditures for the purpose of making all or any portion of an existing facility accessible to individuals with a disability'' includes only those expenditures specifically at tributable to the: (1) Removal or equivalent facilitation of an existing architectural barrier, when removal or equivalent facilitation is for the purpose of making an existing facility accessible to individuals with a disability; or (2) new construction of a facility described by K.S.A. 79-32,176, and amendments thereto which will facilitate its accessibility to individuals with a disability. Such term shall not include any part of any expense paid or incurred in connection with the new construction or substantial alteration of a facility, except with regard to a facility described by K.S.A. 79-32,176, or the normal replacement of depreciable prop erty. (d) ``Expenditures for the purpose of making all or any portion of an existing facility or of equipment usable for the employment of persons with a disability'' includes only those expenditures specifically attributable to the modification or adaptation of an existing facility or of equipment, which modification or adaptation is for the purpose of employing individ uals with a disability. Sec. 4. K.S.A. 79-1109 and K.S.A. 1996 Supp. 79-32,117 and 79-32,175 are hereby repealed.''; By renumbering existing section 6 as section 5; In the title, by striking all in line 17; in line 18, by striking all before ``amending''; in line 19, by striking ``, 79-3235 and 79-3617''; in line 20, before ``and'' by inserting ``and 7932,175''; And your committee on conference recommends the adoption of this report. Audrey Langworthy David R. Corbin Janis K. Lee Conferees on part of House Phill Kline Tony Powell Bruce Larkin Conferees on part of Senate Senator Corbin moved the Senate adopt the Conference Committee report on SB 51. On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0. April 11, 1997 675 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 House amend ments to SB 162, 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, in line 18, after the period, by inserting ``In the event any such property which has been exempted pursuant to the preceding sentence is not used for religious purposes prior to its conveyance which results in its use for nonreligious purposes, there shall be a recoupment of property taxes in an amount equal to the tax which would have been levied upon such property except for such exemption for all taxable years for which such exemption was in effect. Such recoupment tax shall become due and payable in such year as provided by K.S.A. 79-2004, and amendments thereto. A lien for such taxes shall attach to the real property subject to the same on November 1 in the year such taxes become due and all such taxes remaining due and unpaid after the date prescribed for the payment thereof shall be collected in the manner provided by law for the collection of delinquent taxes. Moneys collected from the recoupment tax hereunder shall be credited by the county treasurer to the several taxing subdivisions within which such real property is located in the proportion that the total tangible property tax levies made in the preceding year for each such taxing subdivision bear to the total of all such levies made in that year by all such taxing subdivisions. Such moneys shall be credited to the general fund of the taxing subdivision or if such taxing subdivision is making no property tax levy for the support of a general fund such moneys may be credited to any other tangible property tax fund of general application of such subdivision.''; And your committee on conference recommends the adoption of this report. Phill Kline Tony Powell Bruce Larkin Conferees on part of House Audrey Langworthy David R. Corbin Janis K. Lee Conferees on part of Senate Senator Langworthy moved the Senate adopt the Conference Committee report on SB 162. On roll call, the vote was: Yeas 32, nays 8, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Fe leciano, Gilstrap, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Praeger, Pugh, Salmans, Schraad, Steffes, Stei neger, Tyson, Umbarger, Vidricksen. Nays: Biggs, Emert, Gooch, Goodwin, Oleen, Petty, Ranson, Salisbury. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on House amend ments to SB 197, 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 of the Whole amendments, as follows: 676 JOURNAL OF THE SENATE On page 7, in line 7, by striking ``one-to-one'' and inserting ``two-to-one''; On page 10, following line 3, by inserting the following: ``New Sec. 4. (a) For the purpose of the pharmacy act of the state of Kansas, the fol lowing persons shall be deemed to be engaged in the practice of pharmacy: (1) Persons who publicly profess to be a pharmacist, or publicly profess to assume the duties incident to being a pharmacist and their knowledge of drugs or drug actions, or both; (2) persons who attach to their name any words or abbreviation indicating that they are a pharmacist licensed to practice pharmacy in Kansas. (b) ``Practice of pharmacy'' means the interpretation and evaluation of prescription or ders; the compounding, dispensing and labeling of drugs and devices pursuant to prescrip tion orders; the participation in drug selection according to state law and participation in drug utilization reviews; the proper and safe storage of prescription drugs and prescription devices and the maintenance of proper records thereof in accordance with law; consultation with patients and other health care practitioners about the safe and effective use of pre scription drugs and prescription devices; and participation in the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, man agement and control of a pharmacy. Nothing in this subsection shall be construed to add any additional requirements for registration or for a permit under the pharmacy act of the state of Kansas or for approval under subsection (g) of K.S.A. 65-1643 and amendments thereto, or to prevent persons other than pharmacists from engaging in drug utilization review, or to require persons lawfully in possession of prescription drugs or prescription devices to meet any storage or record keeping requirements except such storage and record keeping requirements as may be otherwise provided by law or to affect any person consulting with a health care practitioner about the safe and effective use of prescription drugs or prescription devices.''; On page 1, in the title, in line 16, before ``amending'' by inserting ``persons engaged in the practice of pharmacy;''; 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 Chris Steineger Conferees on part of Senate Senator Praeger moved the Senate adopt the Conference Committee report on SB 197. On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Feleciano, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jor dan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Emert, Gilstrap, Oleen, Ranson, Salisbury. The Conference Committee report was adopted. REPORT ON ENGROSSED BILLS SB 131; Sub SB 332 reported correctly engrossed April 11, 1997. Also SB 166 correctly re-engrossed April 11, 1997. REPORT ON ENROLLED BILLS SR 1852, 1853 reported correctly enrolled, properly signed and presented to the Sec retary of the Senate on April 11, 1997. REPORTS OF STANDING COMMITTEES Committee on Public Health and Welfare recommends HB 2278, as amended by House Committee of the Whole, be amended on page 1, in line 25, by striking ``No'' and inserting ``On and after July 1, 1998, no''; in line 26, by striking all after ``works''; by striking all in lines 27 and 28; in line 29, by striking all before ``any''; in line 30, by striking ``against persons, (B)''; in line 31, by striking ``has''; in line 32, by striking ``a conviction of any act''; in line 36, by striking ``(C)'' and inserting ``(B)''; April 11, 1997 677 On page 2, in line 33, by striking ``court orders or''; by striking all in line 34; in line 35, by striking ``dications,''; in line 38, by striking ``or''; in line 39, by striking ``court of this state''; On page 3, in line 1, by striking ``or court of this state''; in line 2, by striking ``or regularly volunteering''; in line 13, by striking all after ``works''; by striking all in line 14; in line 15, by striking all before ``in''; in line 16, by striking all after ``employment''; by striking all in line 17; in line 18, by striking all before ``by''; in line 33, before ``No'' by inserting ``For the purpose of complying with this section, a person who operates an adult care home may hire an applicant for employment on a conditional basis pending the results from the department of health and environment of a request for information under this subsection.''; also in line 33, by striking ``operator of an''; in line 34, before ``employees'' by inserting ``operator or''; in line 36, by striking all after ``damages''; in line 37, by striking all before ``such'' and inserting ``resulting from any decision to employ, to refuse to employ or to discharge from employment any person based on''; also in line 37, by striking ``operator's'' and inserting ``adult care home's''; in line 38, by striking ``operator'' and inserting ``adult care home''; On page 4, in line 6, by striking ``of $5'' and inserting ``equal to cost, not to exceed $10,''; in line 17, by striking all after ``activity''; by striking all in lines 18 through 20; in line 21, by striking all before the period; following line 21, by inserting the following: ``(i) No person who has been employed by the same adult care home for five consecutive years immediately prior to the effective date of this act shall be subject to the provisions of this section while employed by such adult care home. (j) The operator of an adult care home shall not be required under this section to conduct a background check on an applicant for employment with the adult care home if the applicant has been the subject of a background check under this act within one year prior to the application for employment with the adult care home.''; Also on page 4, in line 22, by striking ``(i)'' and inserting ``(k)''; in line 24, by striking ``No'' and inserting ``On and after July 1, 1998, no''; in line 25, by striking all after ``works''; by striking all in lines 26 through 28; in line 29, by striking ``health agency''; in line 30, by striking ``against persons, (B)''; in line 31, by striking ``has''; in line 32, by striking all before ``which''; in line 36, by striking ``(C)'' and inserting ``(B)''; On page 5, in line 33, by striking all after ``any''; by striking all in line 34; in line 35, by striking ``dications,''; On page 6, in line 1, by striking ``or court of this state''; in line 2, by striking ``or regularly volunteering''; in line 12, by striking all after ``agency''; by striking all in lines 13 and 14; in line 15, by striking all before ``or''; by striking all in lines 16 and 17; in line 18, by striking all before ``by''; in line 28, before ``No'' by inserting ``For the purpose of complying with this section, a person who operates a home health agency may hire an applicant for em ployment on a conditional basis pending the results from the department of health and environment of a request for information under this subsection.''; also in line 28, by striking ``operator of a''; in line 29, before ``employees'' by inserting ``operator or''; in line 32, by striking all after ``damages''; in line 33, by striking all before ``such'' and inserting ``resulting from any decision to employ, to refuse to employ or to discharge from employment any person based on''; also in line 33, by striking ``operator's'' and inserting ``home health agen cy's''; in line 34, by striking ``operator'' and inserting ``home health agency''; On page 7, in line 2, by striking ``of $5'' and inserting ``equal to cost, not to exceed $10,''; in line 14, by striking ``unless''; by striking all in lines 15 through 18; in line 19, by striking all before the period; following line 19, by inserting the following: ``(i) No person who has been employed by the same home health agency for five con secutive years immediately prior to the effective date of this act shall be subject to the requirements of this section while employed by such adult care home. (j) The operator of a home health agency shall not be required under this section to conduct a background check on an applicant for employment with the home health agency if the applicant has been the subject of a background check under this act within one year prior to the application for employment with the home health agency.''; Also on page 7, in line 20, by striking ``(i)'' and inserting ``(k)''; following line 22, by inserting the following: ``New Sec. 3. The secretary of health and environment shall provide for the implemen tation of the processing of information requested from the department of health and envi 678 JOURNAL OF THE SENATE ronment on an incremental basis. This implementation shall be completed so that adult care homes and home health agencies may receive information required under this act no later than July 1, 1998.; New Sec. 4. (a) A community service provider as defined in K.S.A. 1996 Supp. 39-1803 and amendments thereto, a mental health center as defined in K.S.A. 65-4432 and amend ments thereto and an independent living agency as defined in K.S.A. 65-5101 and amend ments thereto may request for the purpose of obtaining background information on applicants for employment with such entity information: (1) From the department of social and rehabilitation services as to whether such appli cant has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the department of social and rehabilitation services pursuant to K.S.A. 381523 and amendments thereto; (2) from the department of social and rehabilitation services as to whether such appli cant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-1404 and amendments thereto or an act of abuse, neglect or exploitation of an adult as contained in the register of reports under K.S.A. 39-1434 and amendments thereto; (3) from the department of health and environment as to whether such applicant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-1411 and amendments thereto; (4) from the department of health and environment any information concerning the applicant in the state registry which contains information about unlicensed employees of adult care homes under K.S.A. 39-936 and amendments thereto. Sec. 5. K.S.A. 39-1404 is hereby amended to read as follows: 39-1404. (a) The depart ment of social and rehabilitation services or the department of health and environment upon receiving a report that a resident is being, or has been, abused, neglected or exploited, or is in a condition which is the result of such abuse, neglect or exploitation or is in need of protective services, within 24 hours of receiving such report, shall initiate an investigation, including a personal visit with the resident and, within two weeks of receiving such report, shall complete the investigation to determine if the resident is being or has been abused, neglected or exploited or is in a condition which is a result of such abuse, neglect or ex ploitation. The investigation shall include, but not be limited to, a visit to the named resident and consultation with those individuals having knowledge of the facts of the particular case. Upon completion of the investigation of each case, written findings shall be prepared which shall include a finding of whether there is or has been abuse, neglect or exploitation, rec ommended action and a determination of whether protective services are needed. If it appears that a crime has occurred, the appropriate law enforcement agency shall be notified by the department investigating the report. (b) The secretary of social and rehabilitation services shall maintain a register of the reports received and investigated by the department of social and rehabilitation services, the findings, evaluations and the actions recommended. The register shall be available for inspection by personnel of the department of social and rehabilitation services. The secretary of social and rehabilitation services shall forward a copy of any report of abuse, neglect or exploitation of a resident investigated by the department of social and rehabilitation services to the secretary of health and environment and, in the case of a report of abuse, neglect or exploitation of a resident of an adult family home, to the secretary of aging. (c) The report received by the department of social and rehabilitation services and the written findings, evaluations and actions recommended shall not be deemed a public record or be subject to the provisions of the open records act. Except as otherwise provided in this section, or in section 4 and amendments thereto the name of the person making the original report to the department of social and rehabilitation services or any person mentioned in such report shall not be disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial proceeding results there from. Except as otherwise provided in this section, no information contained in the register shall be made available to the public in such a manner as to identify individuals. (d) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to be committed by a provider of services licensed, registered April 11, 1997 679 or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority. (e) The department which investigates the report shall inform the complainant, upon request of the complainant, that an investigation has been made and, if the allegations of abuse, neglect or exploitation have been substantiated, that corrective measures will be taken. Sec. 6. K.S.A. 39-1411 is hereby amended to read as follows: 39-1411. (a) The secretary of health and environment shall maintain a register of the reports received and investigated by the department of health and environment under K.S.A. 39-1402 and 39-1403, and amendments to such sections, and the findings, evaluations and actions recommended by the department with respect to such reports. The findings, evaluations and actions shall be subject to such notice and appeals procedures as may be adopted by rules and regulations of the secretary of health and environment, which rules and regulations shall be consistent with any requirements of state or federal law relating thereto except that the secretary shall not be required to conduct a hearing in cases forwarded to the appropriate state authority under subsection (b). The register shall be available for inspection by personnel of the department of health and environment as specified by the secretary of health and environ ment and to such other persons as may be required by federal law and designated by the secretary of health and environment by rules and regulations. Information from the register shall be provided as specified in section 4 and amendments thereto. The secretary of health and environment shall forward a copy of any report of abuse, neglect or exploitation of a resident of an adult care home to the secretary of aging. (b) The secretary of health and environment shall forward any finding of abuse, neglect or exploitation alleged to be committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority, after notice to the al leged perpetrator and a hearing on such matter if requested by the alleged perpetrator, may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority. The secretary of health and environment may consider the finding of abuse, neglect or exploitation in any licensing action taken with respect to any adult care home or medical care facility under the jurisdiction of the secretary. (c) If the investigation of the department of health and environment indicates reason to believe that the resident is in need of protective services, that finding and all information relating to that finding shall be forwarded by the secretary of health and environment to the secretary of social and rehabilitation services. (d) Except as otherwise provided in this section, the report received by the department of health and environment and the written findings, evaluations and actions recommended shall be confidential and shall not be subject to the open records act. Except as otherwise provided in this section, the name of the person making the original report to the department of health and environment or any person mentioned in such report shall not be disclosed unless such person specifically requests or agrees in writing to such disclosure or unless a judicial or administrative proceeding results therefrom. In the event that an administrative or judicial action arises, no use of the information shall be made until the judge or presiding officer makes a specific finding, in writing, after a hearing, that under all the circumstances the need for the information outweighs the need for confidentiality. Except as otherwise provided in this section, no information contained in the register shall be made available to the public in such a manner as to identify individuals. Sec. 7. K.S.A. 39-1434 is hereby amended to read as follows: 39-1434. (a) The secretary of social and rehabilitation services shall maintain a statewide register of the reports, as sessments received and the analyses, evaluations and the actions recommended. The register shall be available for inspection by personnel of the department of social and rehabilitation services and as provided in section 4 and amendments thereto. (b) Neither the report, assessment or the written evaluation analysis shall be deemed a public record or be subject to the provisions of the open records act. The name of the person making the original report or any person mentioned in such report shall not be 680 JOURNAL OF THE SENATE disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial proceeding results therefrom. No information contained in the statewide register shall be made available to the public in such a manner as to identify individuals. Sec. 8. K.S.A. 39-1404, 39-1411 and 39-1434 are hereby repealed.''; And by renumbering the remaining section accordingly; On page 1, in the title, in line 19, after ``ACT'' by inserting ``concerning the background of certain persons for employment purposes;''; in line 21, by striking ``on certain persons''; also in line 21, by striking all after ``for''; in line 22, before the period, by inserting ``; employment checks by community service providers, mental health centers and independent living agencies; amending K.S.A. 39-1404, 39-1411 and 39-1434 and repealing the existing sections''; and the bill be passed as amended. MESSAGE FROM THE HOUSE Announcing, the House adopts the conference committee report on HB 2064. The House adopts the conference committee report on HB 2105. The House adopts the conference committee report on HB 2129. On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, April 30, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+