J o u r n a l   o f   t h e   S e n a t e


                                SIXTY-FOURTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                               Friday, May 2, 1997--10:00 a.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with forty senators present.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
   We keep hearing people say
   That we should not complain;
   That everything about our job
   Was carefully explained.
   And of course we did expect
   We would be criticized;
   But we were not prepared for
   How people generalize.
   As we look back on the session
   It made no difference whether
   We voted yea or voted nay,
   They lumped us all together.
   A letter to the editor
   Was one classic case we found:
   It said,
   ``Put them all up on the dome,
   And leave the Indian on the ground.''
   When some of us do something
   Of which to be ashamed,
   If one or two are guilty,
   All of us are blamed.
   We should be held accountable
   For everything we've done,
   But the penalty should not be paid
   By each and everyone.
   Please help the people realize
   While looking for scapegoats
   That each is just responsible
   For one solitary vote!
   I pray in the Name of Christ,
   AMEN

PRESENTATION OF PETITIONS

  The following petitions were presented, read and filed:
  SP 68, by Senator Dwayne Umbarger: a petition to vote no on House
Bill 2174 and HCR 5013 and any other bill that would extend gambling and
especially any kind of partnership

700                          JOURNAL OF THE SENATE

between the state and the racetracks, signed by Nora Cation and 103 other
citizens of the Fourteenth District of the State of Kansas.
  SP 69, 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 Mary Steenbock and 10
other citizens from the Clay Center area.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committee as indicated:
  Committee of the Whole: HB 2579, 2580, 2581, 2582.

MESSAGE FROM THE HOUSE

  Announcing, the House concurs in Senate amendments to HB 2071 and
requests the Senate to return the bill.
  The House concurs in Senate amendments to HB 2083 and requests the
Senate to return the bill.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bill: SB 38.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

  Senator Lawrence moved the Senate concur in house amendments to SB
38.
  SB 38, An act concerning schools; relating to the compulsory
attendance age of children; amending K.S.A. 72-1111, as amended by section
121 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1995 Supp.
72-1113, as amended by section 122 of chapter 229 of the 1996 Session Laws of
Kansas, and repealing the existing sections; also repealing K.S.A. 72-1111
and K.S.A. 1996 Supp. 72-1113, was considered on final action.
  On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley,
Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Steineger,
Tyson, Vidricksen.
  Nays: Bleeker, Harrington, Huelskamp, Umbarger.
  The Senate concurred.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bills: H. Sub. SB 69; SB 164; HB 2350.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House
amend ments to SB 69, 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 as House
Substitute for Senate Bill No. 69, as follows:
  On page 3, in line 14, following the period, by inserting ``Upon request of
the board of county commissioners of any county, the commissioner of juvenile
justice may authorize such county to cooperate as a member of a community
planning team in a judicial district other than the judicial district in
which such county is located. If the corporate limits of a city extend into
more than one judicial district and upon request of the board of county
commissioners of any county in which such city is located, the commissioner
of juvenile justice may authorize such city to participate as a member of a
community planning team of and be included in the plan for the judicial
district in which the majority of the population of such city is located.'';

                                  May 2, 1997                               701

  On page 4, in line 30, by striking ``or'' and inserting a comma; also in
line 30, by striking by striking ``district'' where it appears for the second
time; in line 31, following ``district'' by inserting ``or judicial districts
and cities and counties cooperating pursuant to subsection   (a)'';
  On page 10, in line 15, by striking ``may pay quarterly'' and inserting
``shall pay monthly'';
  On page 14, in line 13, by striking ``sex'' and inserting ``gender'';
following line 31, by inserting the following:
  ``(e)  In lieu of the provisions of subsections (a) through (d) and subject
to the approval of the commissioner of juvenile justice, any county may
designate the corrections advisory board, as established in K.S.A. 75-5297,
and amendments thereto, as such county's juvenile corrections advisory board.
For the purposes of sections 7 through 22, and amendments thereto, if a
county designates the corrections advisory board as provided by this
subsection, membership on such board shall be expanded to comply with the
requirements of subsection   (a).'';
  Also on page 14, in line 33, by striking all following ``(a)''; by striking
all of lines 34 and 35; in line 36, by striking all preceding ``All'' and
inserting ``Members of a juvenile corrections advisory board initially
appointed pursuant to subsections (a)(1) through (a)(4) of section 13, and
amendments thereto, shall serve for terms expiring on June 30, 2000. Members
of a juvenile corrections advisory board initially appointed pursuant to
subsections (a)(5) and   (a)(7) of section 13, and amendments thereto, shall
serve for terms expiring on June 30, 1999. Members of a juvenile corrections
advisory board initially appointed pursuant to sub sections (a)(6) and (a)(8)
of section 13, and amendments thereto, of shall serve for terms expiring on
June 30, 1998. After such initial appointments, members shall serve for terms
of three years and until their successors are appointed and qualified.'';
  On page 15, in line 18, preceding ``temporary'' by inserting ``purchase of
services for the'';
  On page 68, in line 3, following ``(a)'' by inserting ``(1)''; in line 10,
by striking all following the period; in line 11, by striking ``tigation
the'' and making a new paragraph and inserting:
  ``(2)  The'';
  On page 74, in line 37, by striking ``deposition'' and inserting
``disposition'';
  On page 80, in line 10, by striking ``deposition'' and inserting
``disposition'';
  On page 122, in line 31, by striking ``the commissioner,''; in line 32, by
striking ``shall'';
  On page 123, in line 5, by striking ``The commissioner shall report'' and
inserting ``Re port''; in line 10, preceding ``The'' by inserting ``Have the
authority to designate all or a portion of a facility for juveniles under the
commissioner's jurisdiction as a:
  (1)  Nonsecure detention facility;
  (2)  facility for the educational or vocational training and related
services;
  (3)  facility for temporary placement pending other arrangements more
appropriate for the juvenile's needs; and
  (4)  facility for the provision of care and other services and not for the
detention of juveniles.'';
  On page 129, in line 19, preceding ``seven'' by inserting ``no more than'';
in line 20, by striking ``nine'' and inserting ``seven''; in line 21, by
striking ``seven''; also in line 21, by striking ``as follows: ''; by
striking all in lines 22 through 33 and inserting ``by the president and the
minority leader. The two major political parties shall have proportional
represen tation on such committee. In the event application of the preceding
sentence results in a fraction, the party having a fraction exceeding .5
shall receive representation as though such fraction were a whole number.'';
in line 34, by striking ``nine'' and inserting ``seven''; in line 35, by
striking ``Three'' and inserting ``Two'';
  On page 130, by striking all in lines 1 through 3 and inserting the
following:
  ``(4)  one member shall be a member of the minority party who is a member
of the house committee on judiciary and shall be appointed by the minority
leader.'';
  Also on page 130, in line 15, by striking ``years 1998 and 2000'' and
inserting ``year 1998''; in line 28, by striking ``nine'' and inserting
``eight''; in line 29, by striking all following ``by''; in line 30, by
striking all preceding the period and inserting ``a majority of those present
when there is a quorum''; in line 33, preceding the period, by inserting ``,
vice-chairperson and ranking minority member of the house of representatives
when the chairperson is a representative or of the senate when the
chairperson is a senator'';

702                          JOURNAL OF THE SENATE

  On page 131, in line 42, by striking ``January 8, 2001'' and inserting
``December 1, 1999'';
  On page 133, in line 22, by striking ``75-2023,'' and inserting
``75-7023,'';
  On page 2, in the title, in line 24, by striking ``75-2023,'' and inserting
``75-7023,'';
  And your committee on conference recommends the adoption of this report.
Joe Kejr
Shari Weber
Ed McKechnie Conferees on part of House Lana Oleen
Keith Schraad
Sherman Jones Conferees on part of Senate   Senator Oleen moved the Senate
adopt the Conference Committee report on H. Sub. for SB 69.
  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 164, 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 16, following line 18, by inserting:
  ``Sec. 11.  K.S.A. 74-7008 is hereby amended to read as follows: 74-7008.
(a) The board may appoint an executive director and an assistant
executive director who shall be in the unclassified service of the Kansas
civil service act and shall receive an annual salary fixed by the board.
  (b)  Members of the state board of technical professions attending
meetings of such board, or attending a subcommittee meeting thereof
authorized by such board, shall be paid compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223 and amendments
thereto.
  (c)  The board may employ clerical personnel and other assistants all
of whom shall be in the classified service under the Kansas civil service act
and may make and enter into contracts of employment with such professional
personnel as may be necessary, in the board's judgment, for the performance
of its duties and functions and the execution of its powers.
  Sec. 12.  K.S.A. 74-7009 is hereby amended to read as follows: 74-7009.
(a) The follow ing nonrefundable fees shall be collected by the board:
  (1)  For a an original license, issued upon the basis of
an examination given by the board, an application fee in the sum of $25
not more than $200 plus an amount, to be determined by the board,
equal to the cost of the respective any examination required
by the board in each branch of the technical professions.;
  (2)  for a license by reciprocity under K.S.A. 74-7024 and amendments
thereto, an ap plication fee of not more than $500;
  (3)  for a certificate of authorization for a corporation, the sum of
not more than $150. $300;
  (4)  for the biennial renewal of a license, the sum of not more than
$50. $200; and
  (5)  for the biennial renewal of a certificate of authorization for a
corporation, the sum of not more than $75 $300.

                                  May 2, 1997                               703

  (b)  On or before November 15, each year, the board shall determine
the amount nec essary to administer the provisions of this act for the
ensuing calendar year including the amount to be credited to the state
general fund, and shall fix the fees for such year at the sum deemed
necessary for such purposes.
  (c)  The board shall remit all moneys received by or for it from
fees, charges or penalties to the state treasurer at least monthly. Upon
receipt of each such remittance the state treasurer shall deposit the entire
amount thereof in the state treasury. Twenty percent of each such deposit
shall be credited to the state general fund and the balance shall be credited
to the technical professions fee fund, which fund is hereby created. All
expenditures from such fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the chairperson of the board or by a person or persons
designated by the chairperson.
  Sec. 13.  K.S.A. 74-7024 is hereby amended to read as follows: 74-7024.
(a) Any person who holds a current license or certificate of
qualification or registration to practice any branch of the technical
professions issued by the proper authority in any other state or political
subdivision of the United States or in any other country may be exempted from
examination for licensure in this state if the requirements under which
said such license or certificate was issued are of a standard
accepted by the board and if the person's record fully meets the requirements
of this state in all respects other than examination. The board may issue,
upon application therefor and receipt of payment of the application fee
prescribed under K.S.A. 74-7009, and amendments thereto, or the fee which
would be charged a licensee who is a resident of the state of Kansas applying
for licensure or certification in the state in which the applicant for
licensure in this state resides, whichever is greater, a license to
practice the appropriate technical profession if the proper authority of the
state, political subdivision or country from which the applicant holds a
license or certificate agrees to accept on an equal basis persons who hold
licenses issued by the authority of this state.
  (b)  The board may exempt from examination and may issue upon
application therefor and the payment of the application fee prescribed in
K.S.A. 74-7009, and amendments thereto, the appropriate license to (1) any
engineer who holds a license or certificate of qualification or registration
issued by proper authority of the national council of state boards of
engineering examiners, or of the national bureau of engineering registration;
and (2) any architect who holds a certificate of the national council of
architectural registration board or the equivalent thereof, as determined by
the board.
  Sec. 14.  K.S.A. 74-7035 is hereby amended to read as follows: 74-7035. The
provisions of this act shall not apply to:
  (a)  The practice of any technical profession by a person who is not a
resident of and has no established place of business in the state of Kansas,
or who has recently become a resident of this state, if such person has filed
with the board an application for a license and has paid the application fee
required by this act. Such person shall be legally qualified by license or
registration to practice the profession in such person's own state or country
in which the requirements and qualifications for obtaining a license or
certificate of registration are not lower than those specified in this act.
Such practice shall continue only for such time as the board requires for the
consideration of the application for license;
  (b) (a)  The work of an employee or a subordinate of a person
holding a license under this act, or an employee of a person practicing
lawfully under subsection (a), if such work does not include final designs
or decisions, responsible charge of design or supervision and is done under
the direct responsibility and supervision of a person practicing lawfully
under subsection (a) a technical profession;
  (c) (b)  the practice of persons who are not residents of and
have not established a place of business in this state, who are acting as
consulting associates of persons licensed under the provisions of this act
and who are legally qualified for such professional service in such persons'
own state or country;
  (d) (c)  the practice of persons who are employees of any
person, firm or corporation and who do not offer to the public their services
in the technical professions;
  (e) (d)  the practice of any person who is exclusively and
regularly employed by one employer only, the employer not being an
engineering, architectural or land surveying firm, and the employer not being
primarily engaged in the business of conveying an interest in

704                          JOURNAL OF THE SENATE

real property, in an employer-employee relationship, in making surveys of
land and deter minations of physical property rights in connection only with
the affairs of such employer or its subsidiaries and affiliates and for the
uses, purposes and benefit of such employer, subsidiaries and affiliates,
only;
  (f)  a nonresident person who holds a license or certificate of
registration to practice the technical professions in another state and whose
practice in this state is limited to agreeing to perform or holding the
person's self out as able to perform a technical profession, if the person
notifies the board in writing before engaging in such practice and does not
engage in such practice for more than 30 days. If, within that time, the
person applies for licensure to practice the technical professions in this
state, the person may practice in this state to the extent permitted by
subsection (a);
  (g) (e)  a plumbing contractor, master plumber or journeyman
plumber licensed under the provisions of K.S.A. 12-1508 et seq., and
amendments thereto, while performing the work such plumber is authorized to
perform pursuant to such license; or
  (h) (f)  an electrical contractor, master electrician,
journeyman, electrician or residential electrician licensed under the
provisions of K.S.A. 12-1525 et seq., and amendments thereto, while
performing the work such electrician is authorized to perform pursuant to
such license.
  (i) (g)  For purposes of this act, public officers and
employees who, within the scope of their employment and in the discharge of
their public duties, provide information pertinent to or review the
sufficiency of technical submissions, or who inspect property or buildings
for compliance with requirements safeguarding life, health or property, are
not engaged in the practice of the technical professions.'';
  By renumbering sections accordingly;
  Also on page 16, in line 19, by striking ``and 65-4208'' and inserting
``65-4208, 74-7008, 74-7009, 74-7024 and 74-7035'';
  In the title, in line 14, by striking all following ``concerning''; in line
15, by striking all before the semicolon and inserting ``certain state
boards; relating to licenses of such boards; relating to fees imposed on such
licensees''; also in line 15, by striking ``and'' and inserting a comma; in
line 16, following ``65-4208'' by inserting ``, 74-7008, 74-7009, 74-7024 and
747035'';
  And your committee on conference recommends the adoption of this report.
Carlos Mayans
James F. 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 164.
    On roll call, the vote was: Yeas 36, nays 4, present and passing 0;
absent or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Vidricksen.
  Nays: Clark, Huelskamp, Pugh, Umbarger.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2350, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with Senate
Committee amendments, as follows:
  On page 1, following line 14, by inserting the following:

                                  May 2, 1997                               705

  ``New Section 1.  (a) There is hereby established in the state treasury the
state tourism fund. All moneys credited to the state tourism fund shall only
be used for expenditures for the purposes of developing new tourism
attractions in Kansas and to significantly expand existing tourism
attractions in Kansas. Both public and private entities shall be eligible to
apply for funds under the provisions of this act.
  (b)  The secretary of commerce and housing shall administer the provisions
of this act. The secretary may adopt rules and regulations establishing
criteria for obtaining grants and other expenditures from such fund and other
matters deemed necessary for the adminis tration of this act.
  (c)  All expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the accounts and reports issued pursuant
to vouchers approved by the secretary of commerce and housing or the
secretary's designee.
  (d)  The secretary of commerce and housing shall prepare and submit budget
estimates for all proposed expenditures from the state tourism fund in
accordance with the provisions of K.S.A. 75-3717 and 75-3717b and amendments
thereto. Such budget estimates shall include detailed information regarding
all proposed expenditures for programs, projects, activities and other
matters and shall set forth separately each program, project, activity or
other expenditure for which the proposed expenditures from the state tourism
fund for a fiscal year are for an amount that is equal to $50,000 or more.
Appropriations for the department of commerce and housing of moneys in the
state tourism fund for each program, project, activity or other expenditure
for a fiscal year for an amount that is equal to $50,000 or more shall be
made as a separate item of appropriation.
  (e)  The legislature shall approve or disapprove of any itemized
expenditure from the state tourism fund.
  (f)  On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the state tourism fund
established in subsection (a) interest earnings based on:
  (1)  The average daily balance of moneys in the state tourism fund for the
preceding month; and
  (2)  the net earnings rate of the pooled money investment portfolio for the
preceding month.
  New Sec. 2.  (a) The council on travel and tourism, established under
K.S.A. 74-9001, and amendments thereto, shall oversee all matters concerning
the state tourism fund and expenditures therefrom.
  (b)  The council, by a majority vote, shall determine for inclusion in the
department of commerce and housing budget expenditures from the state tourism
fund.
  New Sec. 3.  (a) The division of travel and tourism of the Kansas
department of com merce and housing shall prepare, with review and input from
the travel industry association of Kansas, a request for proposals for a
consultant to do a large scale study of public and private tourism efforts in
Kansas.
  (b)  A notice of the request for proposals shall be published once each
week for two consecutive weeks in a newspaper having general circulation in
the community at least 30 days before any action thereon. The request for
proposals shall also be posted on readily accessible bulletin boards in all
offices of the department of commerce and housing and sent elsewhere as the
director of travel and tourism development deems best.
  (c)  The request for proposals shall provide performance specifications,
terms, conditions and other information as deemed advisable to facilitate the
submission of a comprehensive proposal, including, but not limited to, the
fact that the study will:
  (1)  Analyze the strengths, weaknesses, opportunities and threats that face
development of Kansas tourism;
  (2)  address the interrelationship between public and private sector
efforts in developing Kansas tourism;
  (3)  address the interrelationship between state and local interests in
developing Kansas tourism;
  (4)  make specific recommendations for the attraction, development and
improvement of tourism in Kansas; and

706                          JOURNAL OF THE SENATE

  (5)  be completed by January, 1, 1998, with a report on the study's results
and recom mendations derived therefrom to be presented to the legislature,
house committee on tour ism, senate committee on transportation and tourism
and to the governor during the 1998 legislative session.
  (d)  Once the requested proposals are submitted, it shall be the duty of
the council on travel and tourism, established under K.S.A. 74-9001, and
amendments thereto, to review the proposals and participate in the
interviewing process and final selection of a consultant.
  (e)  Following negotiations and development of the proposed agreement, the
council on travel and tourism shall approve the final contract.
  (f)  Once the consultant is selected and the contract approved under this
section, the selected plan's implementation shall be subject to oversight,
review and approval by the council on travel and tourism.
  (g)  For the purposes of this section, the funds required to pay for the
study shall come from state funds taken from the economic development
initiatives fund under K.S.A. 794804, and amendments thereto which are
appropriated to the department of commerce and housing.'';
  Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``New
Sec. 4.''; following line 27, by inserting the following:
  ``Sec. 5.  K.S.A. 74-9001 is hereby amended to read as follows: 74-9001.
(a) There is hereby established the commission council on travel
and tourism. The commission council shall consist of 15
17 voting members as follows:  (1) One member of the senate
appointed by the president of the senate; (2) one member of the senate
appointed by the minority leader of the senate; (3) one member of the house
of representatives appointed by the speaker of the house of representatives;
(4) one The chairperson of the standing committee on transportation and
tourism of the senate, or a member of the senate appointed by the president
of the senate; (2) the vice-chairperson of the standing committee on
transportation and tourism of the senate, or a member of the senate appointed
by the president of the senate; (3) the ranking minority member of the
standing committee on transportation and tourism of the senate, or a member
of the senate appointed by the minority leader of the senate; (4) the
chairperson of the standing committee on tourism of the house of represen
tatives, or a member of the house of representatives appointed by the speaker
of the house of representatives; (5) the vice-chairperson of the standing
committee on tourism of the house of representatives, or a member of the
house of representatives appointed by the speaker of the house of
representatives; (6) the ranking minority member of the standing committee on
tourism, or a member of the house of representatives appointed by the
minority leader of the house of representatives; and (5) (7)
eleven members appointed by the governor. Of the 11 members appointed by the
governor, one shall be appointed from a list of three nominations made by the
travel industry association of Kansas, one shall be appointed from a list of
three nominations made by the Kansas lodging association, one shall be
appointed from a list of three nominations made by the Kansas restaurant
association, one shall be appointed from a list of three nominations made by
the Kansas oil marketers and conven ience store association and seven shall
be appointed to represent the general public. In addition to the voting
members of the commission council, four members of the
commission council shall serve ex officio: The secretary of
commerce, the secretary of transportation, the secretary of wildlife and
parks and the secretary of the state historical society. Each ex officio
member of the commission council may designate an officer or
employee of the state agency of the ex officio member to serve on the
commission council in place of the ex officio member. The ex
officio members of the commission council, or their designees,
shall be nonvoting members of the commission council and shall
provide information and advice to the commission council.
  (b)  Legislator members shall be appointed for terms coinciding with the
terms for which such members are elected, except that on July 1, 1997, the
four legislator members serving on the commission immediately prior to such
date shall cease to be members of the council and the legislator members
specified in paragraphs (1) and (2) of subsection (a) shall serve on the
council. Of the 11 members first appointed by the governor, six shall be
appointed for terms of three years and five shall be appointed for terms of
two years as determined by the governor. Thereafter, all members appointed by
the governor shall be appointed for

                                  May 2, 1997                               707

terms of three years. All members appointed to fill vacancies in the
membership of the commission council and all members appointed to
succeed members appointed to mem bership on the commission
council shall be appointed in like manner as that provided for the
original appointment of the member succeeded.
  (c)  The governor shall designate annually As soon as possible
after the effective date of this act and on July 1, thereafter, the council
shall elect a chairperson and vice-chairperson for the commission
from among its members. The commission council shall meet at
least four times each year at the call of the chairperson of the
commission council. Eight Nine voting members of the
commission council shall constitute a quorum.
  (d)  Members of the commission council attending meetings of
such commission council, or attending a subcommittee meeting
thereof authorized by such commission council, shall be paid
amounts for mileage as provided in subsection (c) of K.S.A. 75-3223 and amend
ments thereto, or a lesser amount as determined by the secretary of commerce.
Amounts paid under this subsection (d) to ex officio members of the
commission council, or their designees, shall be from
appropriations to the state agencies of which such members are officers or
employees upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chief administrative officers of such
agencies. Amounts paid under this subsection (d) to voting members of the
commission council shall be from moneys available for the payment
of such amounts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chairperson of the commission
council.
  Sec. 6.  K.S.A. 1996 Supp. 74-9002 is hereby amended to read as follows:
74-9002. The commission council on travel and tourism shall: (a)
Advise the department of commerce and housing in the development and
implementation of the state's tourism marketing and business development
program including, but not limited to, long-range strategies for at tracting
visitors to the state; (b) report to the department of commerce and housing
infor mation for preparation of the annual budget for the division of travel
and tourism devel opment; (c) identify and review tourism related issues and
current state policies and programs which directly or indirectly affect
travel and tourism in the state and, as appro priate, recommend the adoption
of new, or the modification of existing, policies and pro grams; (d) prepare
and submit as a part of the annual report of the department of commerce and
housing, pursuant to K.S.A. 1996 Supp. 74-5049, and amendments thereto, a
report of findings and recommendations of the commission council
concerning the promoting of travel and tourism in Kansas and such related
matters as the commission council deems appropriate; and (e)
perform such other acts as may be necessary in carrying out the duties of the
commission council.
  Sec. 7.  K.S.A. 74-9001 and K.S.A. 1996 Supp. 74-9002 are hereby
repealed.'';
  Also on page 1, in line 28, by renumbering ``Sec. 2.'' as ``Sec. 8.''; in
line 29, by striking ``Kansas register'' and inserting ``statute book'';
  In the title, in line 10, by striking all following ``ACT''; by striking
all of line 11; in line 12, by striking all preceding the period and
inserting ``relating to travel and tourism; con cerning certain proposals;
establishing a state tourism fund; amending K.S.A. 74-9001 and K.S.A. 1996
Supp. 74-9002 and repealing the existing sections'';
  And your committee on conference recommends the adoption of this report.
Ben Vidricksen
Nick Jordan
Mark S. Gilstrap Conferees on part of Senate Barbara P. Allen
Peggy R. Palmer
Jack Wempe Conferees on part of House
  Senator Jordan moved the Senate adopt the Conference Committee report on
HB 2350.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.

708                          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.

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:
Commissioner of Juvenile Justice:
  Albert R. Murray, serves at the pleasure of the Governor
  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 appointment was confirmed.
  On appointment to the:
Kansas, Inc.:
  Larry K. Williams, term expires January 15, 2001
  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 appointment was confirmed.
  On appointment to the:
Kansas Public Employees Retirement System, Board of Trustees:
  Vern R. Chesbro, term expires January 15, 1999
  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 appointment was confirmed.
  On appointment to the:
Kansas Public Employees Retirement System, Board of Trustees:
  Regenia Moore-Lee, term expires January 15, 2001
  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 appointment was confirmed.


                                  May 2, 1997                               709


INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

  Senators Tyson, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark,
Corbin, Don ovan Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin,
Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger and Vidricksen
introduced the following Senate resolution, which was read: introduced the
following Senate resolution, which was read:
                           SENATE RESOLUTION No. 1860
        A RESOLUTION recognizing and commending Chaplain Fred Hollomon.
  WHEREAS, Our opening prayer sets the spiritual climate of our Senate
sessions; and
  WHEREAS, Chaplain Fred Hollomon has been very dependable in bringing to the
Sen ate a very well-prepared prayer on a regular basis; and
  WHEREAS, He has a willingness to counsel and to encourage and support
Senators and their families on his own time; and
  WHEREAS, We, the Kansas Senate, recognize Chaplain Hollomon's important
contri bution to good government: Now, therefore,
  Be it resolved by the Senate of the State of Kansas:  That we
recognize and thank Chap lain Fred Hollomon for this year's service and
extend our encouragement to him to bless us with his prayers again next year;
and
  Be it further resolved:  That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Chaplain Fred Hollomon.
  On emergency motion of Senator Tyson SR 1860 was adopted unanimously.
  Senators and staff paid tribute to Rev. Hollomon with a standing ovation,
thanking him for his many years of dedicated service.
  Senator Karr introduced the following Senate resolution, which was read:
                           SENATE RESOLUTION No. 1861
           A RESOLUTION congratulating and commending Brad Areheart.
  WHEREAS, Brad Areheart, Emporia, a senior at Emporia High School, won third
place and a $14,000 scholarship in the 1997 American Legion National High
School Oratorical Contest; and
  WHEREAS, Brad Areheart was one of 54 state-level winners to advance to the
national level competition held at Indiana University-Purdue University in
Indianapolis on April 27, 1997; and
  WHEREAS, Brad Areheart gave a 10 minute speech on voter apathy in America
and, as a random topic relating to the constitution, gave a five minute
speech on treason; and
  WHEREAS, Brad Areheart, who has won a total of $17,000 in speech contests
this year, plans to attend Emporia State University on a debate and academic
scholarship and to use his speech contest winnings to attend law school: Now,
therefore,
  Be it resolved by the Senate of the State of Kansas:  That we
congratulate and commend Brad Areheart upon his success at the 1997 American
Legion National High School Ora torical Contest; and
  Be it further resolved:  That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Brad Areheart, and to his
parents, the Rev. Al and Connie Areheart, both addressed to 1525 Sherwood
Way, Emporia, Kansas 66801.
  On emergency motion of Senator Karr SR 1861 was adopted unanimously.
  Senators Hensley, Petty, Salisbury, Steffes and Vidricksen  introduced the
following Senate resolution, which was read:
                           SENATE RESOLUTION No. 1862
          A RESOLUTION congratulating and commending Jordan Canfield.
  WHEREAS, Jordan Canfield, Abilene, a senior at Washburn University and a
guard on the men's basketball team, has been selected as the team's Most
Valuable Player and as a member of the first team All Mid-America
Intercollegiate Athletics Association (MIAA) men's basketball team for
1996-97; and

710                          JOURNAL OF THE SENATE

  WHEREAS, Jordan Canfield, for 1996-97, led the MIAA in assists, was third
in the National Collegiate Athletic Association (NCAA) Division II in assists
and set a MIAA career and single-game assists record; and
  WHEREAS, Jordan Canfield holds every Washburn University and MIAA assist
record, with 17 for one game, 266 for a single season and 756 for his
collegiate career; and
  WHEREAS, Jordan Canfield, during the summer before his senior season, was
diag nosed with an intestinal disorder known as Chrohn's disease. After a
brief hospitalization and a loss of over 30 pounds, Jordan Canfield was able
to control his illness, but was required to sit out a full season until he
recovered his strength and weight; and
  WHEREAS, Jordan Canfield, through his recovery, served as an inspiration to
other sufferers of the disease, mostly young children, by visiting hospitals
and explaining that with proper diet and medication the disease can be
controlled and a normal lifestyle can be maintained; and
  WHEREAS, Jordan Canfield, upon his return to the basketball court a year
later, and through his determination and leadership as Co-Captain, led the
Washburn University men's basketball team to an outstanding season and
finished his remarkable career as the win ningest player in Washburn school
history, with 102 victories and 23 defeats; and
  WHEREAS, Jordan Canfield, in addition to his leadership during the
collegiate basket ball season, used his skills to help teach young children
how to enjoy the game and the values of goal setting and achievement in
education and athletics; and
  WHEREAS, Jordan Canfield, throughout his years at Washburn University,
excelled in the classroom as well as on the basketball court--with a 4.0
grade point average in the fall 1996 semester. He had been a member of the
Washburn Student-Athlete Advisory Com mittee and the Athletic Director's
Honor Roll, and received a Bachelor of Business Admin istration with a major
in Finance: Now, therefore,
  Be it resolved by the Senate of the State of Kansas:  That we
congratulate and commend Jordan Canfield for his determination and leadership
and for being an example of a good citizen of the state of Kansas, for his
selection as the Washburn University 1996-97 Most Valuable Player and
selection to the first team All MIAA 1996-97 men's basketball team and the
outstanding career he had at Washburn University; and
  Be it further resolved:  That the Secretary of the Senate be directed
to provide two enrolled copies of this resolution to Jordan Canfield and
Coach Bob Chipman in care of Robert Rodgers, Sports Information Director,
Washburn University, 1700 College, Topeka, Kansas 66621.
  On emergency motion of Senator Hensley SR 1862 was adopted
unanimously.
  Senator Hensley introduced and congratulated Jordan Canfield, Abilene.
Accompanying Jordan was Loren Ferr;aae, Athletic Director, Washburn
University, Topeka.

REPORTS OF STANDING COMMITTEES

  Committee on Public Health and Welfare begs leave to submit the
following report:
  The following appointment was referred to and considered by the committee
and your committee recommends that the Senate approve and consent to such
appointment:
  By the Governor:
Secretary, Kansas Department of Health and Environment: K.S.A. 75-5601
  Gary R. Mitchell, serves at the pleasure of the Governor

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bills: Sub. HB 2059; HB 2278, 2313; S. Sub. for HB 2462; Sub. HB
2501.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

  On motion of Senator Emert an emergency was declared by a 2/3
constitutional majority, and Sub. HB 2059; HB 2278, 2313; S. Sub. for HB
2462; Sub. HB 2501 were advanced to Final Action, subject to amendment,
debate and roll call.
  Sub. HB 2059, An act concerning digital signatures, was considered on
final action.
  The bill was amended by the adoption of the committee amendments.

                                  May 2, 1997                               711

  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 substitute bill passed, as amended.
  HB 2278, An act concerning the background of certain persons for
employment pur poses; concerning the department of health and environment;
restrictions on persons op erating adult care homes and home health agencies
and working for assist such homes or agencies; 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 reprealing the existing
sections, was considered on final action.
  The bill was amended by the adoption of the committee amendments.
  The bill was further amended by motion of Senator Petty on page 9, following
line 10, by inserting the following:
  ``(b)  No community service provider, mental health center or independent
living agency shall be liable for civil damages to any person refused
employment, discharged from em ployment or whose terms of employment are
affected because of actions taken by the com munity service provider, mental
health center or independent living agency in good faith based on information
received under this section.''
  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, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Huelskamp.
  The bill passed, as amended.
  HB 2313, An act concerning crime victims; amending K.S.A. 1996 Supp.
74-7301 and repealing the existing section, was considered on final action.
  The bill was amended by the adoption of the committee amendments.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed, as amended.
  S. Sub. for HB 2462, An act concerning consumer protection; relating
to telephone solicitation; amending K.S.A. 50-670 and repealing the existing
section, as amended by adoption of the committee report recommending a senate
substitute bill, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Goodwin, Hardenburger,
Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Gooch.
  The substitute bill passed.
  Sub. HB 2501, An act relating to cities; concerning redevelopment
district financing; amending K.S.A. 1996 Supp. 72-6431, as amended by section
6 of 1997 House Bill No. 2031, and repealing the existing section, was
considered on final action.
  The substitute bill was amended by motion of Senator Pugh on page 1, by
striking all in lines 13 through 43;
  On page 2, by striking all in lines 1 through 24 and inserting the
following:
  ``Section 1.  K.S.A. 1996 Supp. 72-6431, as amended by section 6 of 1997
House Bill No. 2031, is hereby amended to read as follows: 72-6431. (a) The
board of each district

712                          JOURNAL OF THE SENATE

shall levy an ad valorem tax upon the taxable tangible property of the
district in the school years specified in subsection (b) for the purpose of:
  (1)  Financing that portion of the district's general fund budget which is
not financed from any other source provided by law;
  (2)  paying a portion of the costs of operating and maintaining public
schools in partial fulfillment of the constitutional obligation of the
legislature to finance the educational in terests of the state; and
  (3)  with respect to any redevelopment district established prior to July
1, 1996 1997, pursuant to K.S.A. 12-1771, and amendments thereto,
paying a portion of the principal and interest on bonds issued by cities
under authority of K.S.A. 12-1774, and amendments thereto, for the financing
of redevelopment projects upon property located within the dis trict.
  (b)  The tax required under subsection (a) shall be levied at a rate of 27
mills in the 1997-98 school year and in the 1998-99 school year.
  (c)  The proceeds from the tax levied by a district under authority of this
section, except the proceeds of such tax levied for the purpose of paying a
portion of the principal and interest on bonds issued by cities under
authority of K.S.A. 12-1774, and amendments thereto, for the financing of
redevelopment projects upon property located within the dis trict, shall be
deposited in the general fund of the district.
  (d)  On June 1 of each year, the amount, if any, by which a district's
local effort exceeds the amount of the district's state financial aid, as
determined by the state board, shall be remitted to the state treasurer. Upon
receipt of any such remittance, the state treasurer shall deposit the same in
the state treasury to the credit of the state school district finance fund.
  (e)  No district shall proceed under K.S.A. 79-1964, 79-1964a or 79-1964b,
and amend ments to such sections.
  Sec. 2.  K.S.A. 1996 Supp. 72-6431, as amended by section 6 of 1997 House
Bill No. 2031, is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.'';
  In the title, in line 9, by striking all after ``ACT''; by striking all in
line 10 and inserting ``relating to cities; concerning redevelopment district
financing; amending K.S.A. 1996 Supp. 72-6431, as amended by section 6 of
1997 House Bill No. 2031, and repealing the existing section.''
  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 substitute bill passed, as amended.
  On motion of Senator Emert, the Senate recessed until 3:00 p.m.
 Afternoon Session   The Senate met pursuant to recess with President
Bond in the chair.

COMMUNICATIONS FROM STATE OFFICERS

                       OFFICE OF JUDICIAL ADMINISTRATION
                                 April 29, 1997
  Kathy Kirk, Director, in accordance with the provisions of K.S.A. 5- 501
et seq., submitted the second annual report of the Director of Dispute
Resolution.
  The President announced the above report is on file in the office of the
Secretary of the Senate and available for review at any time.

                                  May 2, 1997                               713


MESSAGE FROM THE HOUSE

  Announcing passage of SB 325, 337.
  The House not adopts the conference committee report on Substitute SB
86.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the
Senate and House of Representatives be suspended for the purpose of
considering the following bills: SB 17; HB 2082, 2230.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House
amend ments to SB 17, 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, in line 40, after ``district'' by inserting ``and to be
furnished or provided transportation to school from the pupil's residence and
from school to the pupil's residence by the receiving school district'';
  On page 3, in line 6, after ``receive'', by inserting ``and furnish or
provide transportation for''; in line 8, after ``receive'', by inserting
``and furnish or provide transportation for''; in line 9, before ``that'', by
inserting ``the board of education of the proposed sending school district
and the board of education of the proposed receiving school district agree'';
also in line 9, by striking all after ``that''; in line 10, by striking all
before the comma and inserting ``the condition specified in subsection (b)
exists''; also in line 10, by striking ``may'' and inserting ``of the
proposed sending school district shall''; in line 11, by striking ``such'';
also in line 11, after ``attendance'', by inserting ``of the pupil at school
in the proposed receiving school district''; also in line 11, by striking
``If the board''; by striking all of lines 12 through 16; in line 17, by
striking all before ``An''; in line 18, by striking all after ``education'';
in line 19, by striking ``tion''; in line 24, by striking ``Except as
otherwise provided in this act, pupils'' and inserting ``Pupils''; in line
26, by striking ``or the state board of education''; following line 34, by
inserting a new subsection as follows:
  ``(e)  The provisions of this section shall expire on July 1, 1999.'';
  On page 5, in line 11, by striking ``or the state board of education''; in
line 12, after ``thereto'', by inserting ``, until expiration of such section
on July 1, 1999''; in line 22, by striking ``or the state''; in line 23, by
striking ``board of education''; in line 24, before ``or'', by inserting
``until expiration of such section on July 1, 1999,'';
  And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Clay Aurand
H. G. Dillon Conferees on part of House Ben Vidricksen
Nick Jordan
Christine Downey Conferees on part of Senate   Senator Vidricksen moved the
Senate adopt the Conference Committee report on SB 17.
  On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  Nays: Emert, Feleciano, Karr, Petty.
  The Conference Committee report was adopted.

714                          JOURNAL OF THE SENATE


CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2082, 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 10, in line 19, by striking ``for'' and inserting ``by'';
  On page 12, in line 38, by striking ``2.0'';
  On page 13, in line 36, by striking ``on'' and inserting ``of'';
  On page 19, in line 41, after ``under'', by inserting ``subsections A, C, D
or F of'';
  On page 21, in line 35, by striking ``1999'' and inserting ``1998'';
  On page 22, in line 1, by striking ``30,000'' and inserting ``90,000 with
the resulting credit not to exceed $30,000. No credit under this section
shall be allowed unless the company has paid salaries for which a salary
credit is allowed under new section 7''; in line 6, after ``than'' by
inserting ``1% of premiums taxable under K.S.A. 40-252 and amendments thereto
for tax year 1998 or by more than''; in line 8, before the period, by
inserting ``for tax years 1999 and thereafter'';
  And your committee on conference recommends the adoption of this report.
Audrey Langworthy
Don Steffes
Janis K. Lee Conferees on part of Senate Tom Bradley
Dennis M. Wilson
Nancy Kirk Conferees on part of House   Senator Steffes moved the Senate
adopt the Conference Committee report on HB 2082.
  On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad,
Steffes, Steineger, Umbarger, Vidricksen.
  Nays: Huelskamp, Tyson.
  The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2230, 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 1, in line 18, by striking ``New''; by striking all after line 37;
  By striking all in pages 2 through 6;
  On page 7, by striking all before line 37;
  By renumbering the remaining sections;
  In the title, in line 12, by striking the comma and inserting ``and''; also
in line 12, by striking all after ``punishment''; in line 13, by striking
``dure''; also in line 13, by striking all after ``schemes''; by striking
lines 14 and 15 and inserting ``and providing penalties there fore.'';
  And your committee on conference recommends the adoption of this report.
Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate

                                  May 2, 1997                               715

Al Lane
Gerald G. Geringer
Janice L. Pauls Conferees on part of House   Senator Emert moved the Senate
adopt the Conference Committee report on HB 2230.
  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.



                                  May 2, 1997                               715


FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

  On motion of Senator Emert an emergency was declared by a 2/3
constitutional majority, and HB 2579, 2580, 2581, 2582 were advanced to
Final Action, subject to amendment, debate and roll call.
  HB 2579, An act concerning setoff against debtors of the state,
municipalities and certain foreign states; amending K.S.A. 1996 Supp. 75-6202
and repealing the existing section; also repealing K.S.A. 1996 Supp.
75-6202a, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  HB 2580, An act repealing K.S.A. 40-1909, as amended by section 110
of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1995 Supp.
40-19b10, as amended by section 112 of chapter 229 of the 1996 Session Laws
of Kansas and 40-19d10, as amended by section 114 of chapter 229 of the 1996
Session Laws of Kansas; relating to accident and health insurance, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  HB 2581, An act repealing K.S.A. 40-2,125, as amended by section 6 of
1997 House Bill No. 2104, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  HB 2582, An act concerning the abolishment of the Kansas state grain
inspection de partment; reviving K.S.A. 34-101; amending K.S.A. 34-101, as
revived by section 2 of this act and repealing the existing section; also
repealing K.S.A. 34-101, as amended by section 10 of 1997 Substitute for
Senate Bill No. 317 and section 9 of 1997 Substitute for Senate Bill No. 317,
was considered on final action.
  On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jor

716                          JOURNAL OF THE SENATE

dan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger,
Vidricksen.
  Nays: Gilstrap, Jones, Steineger.
  The bill passed.

MESSAGE FROM THE HOUSE

  Announcing the House adopts the conference committee report on SB
201.
  The House adopts the conference committee report to agree to disagree on
House Sub stitute for SB 36, requests a conference and appoints
Representatives O'Neal, Shore and Reardon as second conferees on the part of
the House.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bills: H. Sub. for SB 36; SB 201.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 36, submits the following report:
  Your committee on conference agrees to disagree and recommends that a new
conference committee be appointed;
  And your committee on conference recommends the adoption of this report.
Michael O'Neal
Eugene Shore
Bill Reardon Conferees on part of House Tim Emert
Christine Downey Conferees on part of Senate   On motion of Senator Lawrence,
the Senate adopted the conference committee report on H. Sub. for SB 36,
and requested a new conference committee be appointed.
  The president appointed Senators Langworthy, Emert and Downey as a second
confer ence committee on the part of the Senate on H. Sub. for SB 36.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 201, 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 in lines 31 through 43;
  By striking all of pages 3 through 7;
  On page 8, by striking all in lines 1 through 22 and inserting in lieu
thereof the following:
  ``Section 1.  K.S.A. 40-2123 is hereby amended to read as follows: 40-2123.
(a) The plan shall offer coverage to every eligible person pursuant to which
such person's covered ex penses shall be indemnified or reimbursed subject to
the provisions of K.S.A. 40-2124 and amendments thereto.
  (b)  Except for those expenses set forth in subsection (c) of this section,
expenses covered under the plan shall include expenses for:
  (1)  Services of persons licensed to practice medicine and surgery which
are medically necessary for the diagnosis or treatment of injuries, illnesses
or conditions;
  (2)  services of advanced registered nurse practitioners who hold a
certificate of quali fication from the board of nursing to practice in an
expanded role or physicians assistants acting under the direction of a
responsible physician when such services are provided at the direction of a
person licensed to practice medicine and surgery and meet the requirements of
paragraph (b)(1) above;

                                  May 2, 1997                               717

  (3)  services of licensed dentists when such procedures would otherwise be
performed by persons licensed to practice medicine and surgery;
  (4)  emergency care, surgery and treatment of acute episodes of illness or
disease as defined in the plan and provided in a general hospital or
ambulatory surgical center as such terms are defined in K.S.A. 65-425, and
amendments thereto;
  (5)  medically necessary diagnostic laboratory and x-ray services;
  (6)  drugs and controlled substances prescribed by a practitioner, as
defined in subsec tion (t) (x) of K.S.A. 65-1626 and amendments
thereto. Coverage for outpatient prescriptions shall be subject to a
mandatory 50% coinsurance provision, and coverage for prescriptions
administered to inpatients shall be subject to a coinsurance provision as
established in the plan; and
  (7)  subject to the approval of the commissioner, the board shall also
review and rec ommend the inclusion of coverage for mental health services
and such other primary and preventive health care services as the board
determines would not materially impair afford ability of the plan.
  (c)  Expenses not covered under the plan shall include expenses for:
  (1)  Illness or injury due to an act of war;
  (2)  services rendered prior to the effective date of coverage under this
plan for the person on whose behalf the expense is incurred;
  (3)  services for which no charge would be made in the absence of insurance
or for which the insured bears no legal obligation to pay;
  (4) (A)  services or charges incurred by the insured which are otherwise
covered by:
  (i)  Medicare or state law or programs;
  (ii)  medical services provided for members of the United States armed
forces and their dependents or for employees of such armed forces;
  (iii)  military service-connected disability benefits;
  (iv)  other benefit or entitlement programs provided for by the laws of the
United States (except title XIX of the social security act of 1965);
  (v)  workers compensation or similar programs addressing injuries,
diseases, or condi tions incurred in the course of employment covered by such
programs;
  (vi)  benefits payable without regard to fault pursuant to any motor
vehicle or other liability insurance policy or equivalent self-insurance.
  (B)  This exclusion shall not apply to services or charges which exceed the
benefits pay able under the applicable programs listed above and which are
otherwise eligible for pay ment under this section.
  (5)  Services the provision of which is not within the scope of the license
or certificate of the institution or individual rendering such service;
  (6)  that part of any charge for services or articles rendered or
prescribed which exceeds the rate established by K.S.A. 40-2131 and
amendments thereto for such services;
  (7)  services or articles not medically necessary;
  (8)  care which is primarily custodial or domiciliary in nature;
  (9)  cosmetic surgery unless provided as the result of an injury or
medically necessary surgical procedure;
  (10)  eye surgery if corrective lenses would alleviate the problem;
  (11)  experimental services or supplies not generally recognized as the
normal mode of treatment for the illness or injury involved;
  (12)  service of a blood donor and any fee for failure of the insured to
replace the first three pints of blood provided in each calendar year; and
  (13)  personal supplies or services provided by a health care facility or
any other non medical or nonprescribed supply or service.
  (d)  Except as expressly provided for in this act, no law requiring the
coverage or the offer of coverage of a health care service or benefit shall
apply to the plan.
  (e)  A plan may incorporate provisions that will direct covered persons to
the most ap propriate lowest cost health care provider available.
  Sec. 2.  K.S.A. 65-1643, as amended by section 3 of 1997 Senate Bill No.
197, is hereby amended to read as follows:  65-1643. On and after the
effective date of this act, it shall be unlawful:

718                          JOURNAL OF THE SENATE

  (a)  For any person to operate, maintain, open or establish any pharmacy
within this state without first having obtained a registration from the
board. Each application for reg istration of a pharmacy shall indicate the
person or persons desiring the registration, in cluding the pharmacist in
charge, as well as the location, including the street name and number, and
such other information as may be required by the board to establish the
identity and exact location of the pharmacy. The issuance of a registration
for any pharmacy shall also have the effect of permitting such pharmacy to
operate as a retail dealer without re quiring such pharmacy to obtain a
retail dealer's permit. On evidence satisfactory to the board: (1) That the
pharmacy for which the registration is sought will be conducted in full
compliance with the law and the rules and regulations of the board; (2) that
the location and appointments of the pharmacy are such that it can be
operated and maintained without endangering the public health or safety; (3)
that the pharmacy will be under the supervision of a pharmacist, a
registration shall be issued to such persons as the board shall deem
qualified to conduct such a pharmacy.
  (b)  For any person to manufacture within this state any drugs except under
the personal and immediate supervision of a pharmacist or such other person
or persons as may be approved by the board after an investigation and a
determination by the board that such person or persons is qualified by
scientific or technical training or experience to perform such duties of
supervision as may be necessary to protect the public health and safety; and
no person shall manufacture any such drugs without first obtaining a
registration so to do from the board. Such registration shall be subject to
such rules and regulations with respect to requirements, sanitation and
equipment, as the board may from time to time adopt for the protection of
public health and safety.
  (c)  For any person to distribute at wholesale any drugs without first
obtaining a regis tration so to do from the board.
  (d)  For any person to sell or offer for sale at public auction or private
sale in a place where public auctions are conducted, any drugs without first
having obtained a registration from the board so to do, and it shall be
necessary to obtain the permission of the board in every instance where any
of the products covered by this section are to be sold or offered for sale.
  (e)  For any person to in any manner distribute or dispense samples of any
drugs without first having obtained a permit from the board so to do, and it
shall be necessary to obtain permission from the board in every instance
where the samples are to be distributed or dispensed. Nothing in this
subsection shall be held to regulate or in any manner interfere with the
furnishing of samples of drugs to duly licensed practitioners, to pharmacists
or to medical care facilities.
  (f)  Except as otherwise provided in this subsection (f), for any person
operating a store or place of business to sell, offer for sale or distribute
any drugs to the public without first having obtained a registration or
permit from the board authorizing such person so to do. No retail dealer who
sells 12 or fewer different nonprescription drug products shall be required
to obtain a retail dealer's permit under the pharmacy act of the state of
Kansas or to pay a retail dealer new permit or permit renewal fee under such
act. It shall be lawful for a retail dealer who is the holder of a valid
retail dealer's permit issued by the board or for a retail dealer who sells
12 or fewer different nonprescription drug products to sell and distribute
nonprescription drugs which are prepackaged, fully prepared by the
manufacturer or distributor for use by the consumer and labeled in accordance
with the requirements of the state and federal food, drug and cosmetic acts.
Such nonprescription drugs shall not include: (1) A controlled substance; (2)
a drug product the label of which is required to bear substantially the
statement: ``Caution: Federal law prohibits dispensing without prescrip
tion''; or (3) a drug product intended for human use by hypodermic injection;
but such a retail dealer shall not be authorized to display any of the words
listed in subsection (s) (u) of K.S.A. 65-1626 and amendments
thereto, for the designation of a pharmacy or drugstore.
  (g)  For any person to sell any drugs manufactured and sold only in the
state of Kansas, unless the label and directions on such drugs shall first
have been approved by the board.
  (h)  For any person to operate an institutional drug room without first
having obtained a registration to do so from the board. Such registration
shall be subject to the provisions

                                  May 2, 1997                               719

of K.S.A. 65-1637a and amendments thereto and any rules and regulations
adopted pursuant thereto.
  (i)  For any person to be a pharmacy student without first obtaining a
registration to do so from the board, in accordance with rules and
regulations adopted by the board, and paying a pharmacy student registration
fee of $25 to the board.
  Sec. 3.  K.S.A. 40-2123 and K.S.A. 65-1643, as amended by section 3 of 1997
Senate Bill No. 197, are hereby repealed.'';
  On page 1, in the title, in line 12, by striking all after ``the''; by
striking all in lines 13 through 16; in line 17, by striking all before the
period and inserting in lieu thereof ``phar macy act of the state of Kansas;
amending K.S.A. 40-2123 and K.S.A. 65-1643, as amended by section 3 of 1997
Senate Bill No. 197, and repealing the existing sections'';
  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 201.
  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, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Gilstrap.
  The Conference Committee report was adopted.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

  Senators Vidricksen, Jordan, Gilstrap, Goodwin, Harrington, Huelskamp, Karr,
Salmans and Tyson introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1863--
        A RESOLUTION recognizing National Tourism Week--May 4-10, 1997.
  WHEREAS, May 4-10, 1997, is National Tourism Week; and
  WHEREAS, Annual travel and tourism expenditures in Kansas are $2.6 billion,
providing employment for 41,500 people and generating $331 million in tax
revenues; and
  WHEREAS, International travelers spend $104 million annually in Kansas
creating 2,200 jobs and providing $18 million in tax revenues; and
  WHEREAS, Tourism is America's largest services export and one of America's
largest employers; and
  WHEREAS, Travelers in America spend annually $139.9 billion, create
employment for 15.5 million people and generate $64 billion in tax revenue;
and
  WHEREAS, Family vacation travel accounts for 72% of all vacation travel,
80% of which is by privately owned vehicles with the owners spending, on
average, 3.6 nights away from home; and
  WHEREAS, The Kansas Legislature has recognized the importance of travel and
tourism in this state by establishing the Committee on Tourism in the House
of Representatives and the Committee on Transportation and Tourism in the
Senate: Now, therefore,
  Be it resolved by the Senate of the State of Kansas:  That we
recognize May 4-10, 1997, as National Tourism Week and acknowledge the
benefits travel and tourism provide to Kansas; and
  Be it further resolved:  That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Gary Sherrer, Secretary,
Department of Commerce and Housing, Norine Kruse, Division Director, Travel
and Tourism Development Division, De

720                          JOURNAL OF THE SENATE

partment of Commerce and Housing, Brad Streeter, Chairperson, Travel and
Tourism Com mission, all in care of Secretary Sherrer, Suite 1300, 700 SW
Harrison Street, Topeka, Kansas 66603-3712, Jean Barbee, Executive Director,
Travel Industry of Kansas, 700 SW Jackson Street, Suite 702, Topeka, Kansas
66603-3758, plus a copy to Representative Allen and to Senator Vidricksen.
  On emergency motion of Senator Vidricksen SR 1863 was adopted
unanimously.
  Senator Huelskamp introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1864--
       A RESOLUTION congratulating and commending Liberal's South Middle
                        School Odyssey of the Mind team.
  WHEREAS, Liberal's South Middle School Odyssey of the Mind team, the Kappa
Betas, won first place at the Kansas state competition; and
  WHEREAS, The team is composed of the following students: Kristen Sadler,
Sherri Lanning, Stephanie Swanson, Aaron Martinez, Kris Elston, Dominique
Myers and Andrea Beaver, and the team sponsor is Richard Baker; and
  WHEREAS, The team will be competing at the World Finals at the University
of Mar yland Campus in College Park, Maryland, June 4-7, 1997, with over 5000
other participants from 31 countries; and
  WHEREAS, Odyssey of the Mind is a school-based program that combines
creative thinking, teamwork and risk-taking in a fun-filled annual
competition: Now, therefore,
  Be it resolved by the Senate of the State of Kansas:  That we
congratulate and commend Liberal's South Middle School Odyssey of the Mind
team for winning first place in the Kansas competition and wish the team
success at the World Finals; and
  Be it further resolved:  That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Curtis Beer, Principal,
South Middle School, 950 S. Grant, Liberal, Kansas 67905-0949.
  On emergency motion of Senator Huelskamp SR 1864 was adopted
unanimously.

MESSAGE FROM THE HOUSE

  Announcing, the House adopts the conference committee report on HB
2350.
  The House adopts the conference committee report on SB 116.
  The House concurs in Senate amendments to Sub. HB 2059.
  The House concurs in Senate amendments to HB 2313.
  The House concurs in Senate amendments to Senate Substitute HB 2462.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bill: SB 116.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 116, submits the following report:
  The House recedes from all amendments to the bill, and your committee on
conference further agrees to amend the bill, as introduced, as follows:
  On page 1, by striking all in lines 14 through 43;
  On page 2, by striking all in lines 1 through 32 and inserting:
  ``Section 1.  K.S.A. 25-4153a is hereby amended to read as follows:
25-4153a. No reg istered lobbyist or, political committee or
person, other than an individual, shall make a contribution as defined by
subsection (d) of K.S.A. 25-4143, and amendments thereto, to any
legislator, candidate for membership in the senate or house of
representatives or, can didate committee for any such legislator
or candidate, state officer elected on a statewide basis, candidate for
state office elected on a statewide basis or candidate committee for any such
officer or candidate after January 1 and prior to May 15 of any year
of each year and prior to adjournment sine die of the regular session
of the legislature or at any other time in which the legislature is in
session and. No such legislator, officer, candidate or
committee shall accept or solicit any contribution as defined by
subsection (d) of K.S.A. 25-4143, and

                                  May 2, 1997                               721

amendments thereto, from any registered lobbyist or,
political committee or person, other than an individual, during such
period.
  Sec. 2.  K.S.A. 25-4153a is hereby repealed.'';
  In the title, by striking all in lines 9, 10 and 11 and inserting:
  ``AN ACT concerning political contributions; relating to limitations
thereon; amending K.S.A. 25-4153a and repealing the existing section.'';
  And your committee on conference recommends the adoption of this report.
Robert Tomlinson
Kent Glasscock
Gwen Welshimer Conferees on part of House Janice Hardenburger
Tim Huelskamp
U.L. Gooch Conferees on part of Senate   Senator Hardenburger moved the
Senate adopt the Conference Committee report on SB 116.
  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, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Huelskamp.
  The Conference Committee report was adopted.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bill: HB 2509.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

  On motion of Senator Emert an emergency was declared by a 2/3
constitutional majority, and HB 2509 was advanced to Final Action,
subject to amendment, debate and roll call.
  HB 2509, An act concerning abortions; amending K.S.A. 1996 Supp.
65-6703 and re pealing the existing section, was considered on final action.
  The bill was amended by the adoption of the committee amendments.
  The bill was further amended by motion of Senator Barone as amended by
Senate Com mittee, on page 1, by striking all in lines 24 through 43;
  By striking all on pages 2 through 17;
  On page 18, by striking all in lines 1 through 41; following line 41, by
inserting the following:
  ``Section 1.  K.S.A. 1996 Supp. 65-6703 is hereby amended to read as
follows: 65-6703.   (a) No person shall perform or induce an abortion when
the fetus is viable unless such person is a physician and has a documented
referral from another physician not financially associated with the physician
performing or inducing the abortion and both physicians de termine that: (1)
The abortion is necessary to preserve the life of the pregnant woman; or  
(2) the fetus is affected by a severe or life-threatening deformity or
abnormality.
  (b) (1)  No person shall perform or induce a partial birth abortion
unless the abortion is necessary to: (A) Preserve the life of the pregnant
woman; or (B) prevent the serious risk of substantial and irreversible
impairment of a major bodily function of the pregnant woman.
  (2)  As used in this subsection, ``partial birth abortion'' means: An
abortion containing the following elements: (i) Dilatation of the cervix;
(ii) breech or feet-first extraction of the body except the head; and (iii)
evacuation of any or all of the intracranial contents of the fetus to effect
vaginal delivery of the fetus.
  (3)  Nothing in this section shall be construed to create a right to an
abortion. Notwith standing any provision of this section, a person shall not
perform an abortion that is pro hibited by law.

722                          JOURNAL OF THE SENATE

  (c)  If any provision of this section is held to be invalid or
unconstitutional, it shall be presumed conclusively that the legislature
would have enacted the remainder of this section without such invalid or
unconstitutional provision.
  (b) (d)  Violation of this section is a class A person
misdemeanor.
  Sec. 2.  K.S.A. 1996 Supp. 65-6703 is hereby repealed.'';
  By renumbering section 19 as section 3;
  In the title, by striking all in lines 14 through 21 and inserting the
following:
  ``AN ACT concerning abortions; amending K.S.A. 1996 Supp. 65-6703 and
repealing the existing section.''
  The following amendment offered to HB 2509 by Senator Gilstrap was
rejected as amended by Senate Committee and as amended by the Senate on Final
Action subject to amendment, debate and roll call, on motion of Senator
Barone be amended by adding a new section thereto to read as follows:
  ``New Sec.2.  Whenever an abortion has been performed on a fetus with a
gestational age of 24 or more weeks, the remains of such fetus shall be
delivered to the office of the coroner of the district in which such abortion
was performed. A qualified pathologist as may be designated by the coroner
shall perform an autopsy on the remains to determine the gestational age of
the fetus and whether such abortion has been performed in compliance with the
provisions of law. A report of such autopsy shall be transmitted to the
secretary of health and environment. Such information and report shall be
subject to the confidentiality requirements prescribed by K.S.A. 65-445, and
amendments thereto, except for the pur poses of investigations of violations
of K.S.A. 65-6701 et seq., and amendments thereto.'';
  And by renumbering sections accordingly.
  Upon the showing of five hands a roll call vote was requested.
  On roll call, the vote was: Yeas 16, nays 24, present and passing 0; absent
or not voting 0.
  Yeas: Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger,
Harrington, Huel skamp, Jordan, Lawrence, Morris, Pugh, Salmans, Steffes,
Tyson, Umbarger.
  Nays: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gooch,
Good win, Hensley, Jones, Karr, Kerr, Langworthy, Lee, Oleen, Petty, Praeger,
Ranson, Salisbury, Schraad, Steineger, Vidricksen.
  The motion failed and the amendment was rejected.
  On roll call for final action on HB 2509, the vote was: Yeas 40, nays
0, present and passing 0; absent or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. President: I want to make it absolutely clear that I do not support the
Senator from Crawford's amendment. I am voting for this bill simply to once
again provide a vehicle so the House of Representatives can ``fix this bill''
and replace its empty language with language that would not merely pretend to
ban partial birth procedures, but would actually ensure that unconscionable
procedure will not be allowed in our state. I am in full support, however, of
the Gilstrap amendment which would have provided accountability and proof of
the number of abortions actually done due to fetal abnormality. For those
reasons, this gutsy Gilstrap amendment would result in a greatly limited
number of late term abortions. I expect that the real reason that amendment
failed is because its result would have been to limit late term abortions in
our State of Kansas.--Laurie Bleeker
  Senator Umbarger requests the record to show he concurs with the
``Explanation of Vote'' offered by Senator Bleeker on HB 2509.
  Mr. President: My commitment to the pro-life cause is unwavering. I am
concerned about putting an ineffective statute on the books. I am hopeful our
colleagues under the

                                  May 2, 1997                               723

other side of the dome will provide us with an effective statute which would
actually save the lives of unborn children.--Karin Brownlee
  Senator Umbarger requests the record to show he concurs with the
``Explanation of Vote'' offered by Senator Brownlee on HB 2509.
  Mr. President: I vote for HB 2509 to further the process and trust
the House of Representatives to truly define and limit late-term abortions.
Especially troubling I find is the definition and trust the House will use
language comparable to the United States Con gress which defines
partial-birth abortion as: ``An abortion in which the person performing the
abortion partially vaginally delivers a living fetus before killing the fetus
and completing the delivery.''--Stan Clark
  Senators Tyson and Umbarger request the record to show they concur with the
``Expla nation of Vote'' offered by Senator Clark on HB 2509.
  Mr. President: I appreciate members of this body both pro-life and
pro-choice willing to come together to address the serious issue of abortion,
particularly partial birth abortions. If the body finds this procedure
abhorrent, I ask my fellow senators to do serious soul searching with regards
to a ban on all third trimester abortions, with the exception of the life of
the mother.--Nancey Harrington
  Senators Jordan and Umbarger request the record to show they concur with
the ``Expla nation of Vote'' offered by Senator Harrington on HB 2509.

MESSAGE FROM THE HOUSE

  Announcing the veto message from the Governor on House Bill No. 2159,
An Act en acting the personal and family protection act; providing the
licensure to carry certain con cealed weapons; prohibiting certain acts and
prescribing penalties for violations; amending K.S.A. 1996 Supp. 12- 4516,
21-4201 and 21-4619 and repealing the existing sections, to the House of
Representatives unsigned on April 21, 1997 and read on April 30, 1997.
Message to the House of Representatives of the State of Kansas:
  Pursuant to Article 12, Section 14 of the Constitution of the State of
Kansas, I am vetoing House Bill Number 2159.
  I understand the importance of Kansans being able to feel safe and secure.
Some people have suggested that they would like to carry a concealed handgun
for their own personal protection, but for many Kansans, knowing hidden guns
are on our streets does not con tribute to their sense of security. In
addition, more guns mean more injuries and deaths from accidental shootings.
  Lost in the current debate on concealed handguns are Kansas' current gun
laws, which I've repeatedly stated I support. Subject to local ordinances,
current state law permits a person to carry a firearm openly in public and
openly in a motor vehicle. In addition, state law permits a person to carry a
concealed weapon on one's person while on their own land, in their own
residence, or in their fixed place of business. State law also specifically
allows licensed hunters and fishermen to carry a concealed weapon while they
are hunting or fishing.
  As a supporter of local control, I believe local authorities must be
allowed to craft gun ordinances tailored to their communities. The provisions
of House Bill 2159 prevent com munities from prohibiting the carrying of
concealed weapons, and are in direct conflict with Kansas' long history of
local control.
                                          Bill Graves
                                          Governor
Date: April 21, 1997
There being no motion to reconsider the veto of House Bill No. 2159, the
Speaker ruled the veto sustained.

MESSAGE FROM THE HOUSE

  Announcing, the House adopts the conference committee report on SB 87.
  The House adopts the conference committee report on HB 2230.

724                          JOURNAL OF THE SENATE


ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and
House of Representatives be suspended for the purpose of considering the
following bill: SB 87; HB 2055.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 87, 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 9, after line 25, by inserting the following:
  ``(4)  Notwithstanding any other provision of law to the contrary, for
purposes of this subsection the person who violates this subsection shall be
the individual directly selling, furnishing or distributing the cigarettes or
tobacco products to any person under 18 years of age and the licensed retail
dealer shall not have violated this subsection unless such dealer was the
person directly selling, furnishing or distributing such cigarettes or tobacco
products or had actual knowledge of such selling, furnishing or distributing by
such dealer's em ployee.'';
  On page 1, in the title, in line 15, by striking ``concerning'' and inserting
``penalties there for;''
  And your committee on conference recommends the adoption of this report. Tim
Carmody
Terry Presta
Jim Garner Conferees on part of House Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate   Senator Emert moved the Senate
adopt the Conference Committee report on SB 87.
  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 2055, submits the following report:
  The Senate recedes from all Senate amendments to the bill, and your committee
on conference further agrees to amend the bill, as printed with House Committee
amendments, as follows:
on page 2, following line 43, by inserting the following:
  ``Sec. 8.  Section 1 of 1997 House Bill No. 2057 is hereby amended to read as
follows:   Section 1.  (a) Any mortgage or deed of trust against real property
located in this state recorded on or after January 1, 1955, and before January
1, 1965, or referred to or described in any instrument of record within such
period shall be void, unless, prior to July 1, 1998, the owner and holder
thereof files, in the office of the register of deeds of the county in which
the property is located, an affidavit stating:
  (1)  The name and address of the owner and holder thereof;
  (2)  the nature of the claim;
  (3)  the amount due on the claim;

                                  May 2, 1997                               725

  (4)  the date of the last payment on the claim; and
  (5)  a description of the property.
  (b)  Any mortgage or deed of trust against real property located in this
state recorded on or after January 1, 1965, or referred to or described in any
instrument of record after such date, shall be void by operation of law if:
  (1)  More that than 32 years shall have elapsed between the date
of the initial recording of the mortgage; and
  (2)  prior to July 1 of the year next preceding the date 32 years after the
date of initial recording, unless an action is not commenced to
foreclose the mortgage or deed of trust, or unless the owner and holder
of the mortgage does not file in the office of the register of deeds of the
county in which the property is located, an affidavit stating:
  (A)  The name and address of the owner and holder thereof;
  (B)  the nature of the claim;
  (C)  the amount due on the claim;
  (D)  the date of the last payment on the claim; and
  (E)  a description of the property.
  (c)  This section shall not apply to or affect mortgages, deeds of trust or
liens against real property of railroad corporations recorded after January 1,
1890.
  (d)  Infancy, incompetency or nonresidency shall not affect the operation of
this act.
  Sec. 9.  Section 1 of 1997 House Bill No. 2057 is hereby repealed.'';
  And by renumbering section 8 as section 10;
  In the title, in line 10, following ``concerning'' by inserting ``real
property; relating to the release of a mortgage or deed of trust; relating
to''; also in line 10, following ``transfers'' by striking ``; relating to''
and inserting ``of''; also in line 10, before the period by inserting ``;
amending section 1 of 1997 House Bill No. 2057 and repealing the existing
section'';
  And your committee on conference recommends the adoption of this report. Tim
Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate Tim Carmody
Terry Presta
Jim D. Garner Conferees on part of House   Senator Emert moved the Senate adopt
the Conference Committee report on HB 2055.
  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.
  On motion of Senator Emert the Senate adjourned until 10:00 a.m., Saturday,
May 3, 1997.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
                                      +--+
                                      |  |
                                      +--+