The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Lee was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
This job is too big to do alone. Our constituency is so diverse.
We represent:
different cultures, different generations,
different genders, different economic levels,
different religions, different attitudes,
different philosophies, different experiences,
different vocations, different politics,
different needs, and different expectations.
Without Your wisdom, O God, we face a hopeless task.
You have told us ``Man looks at the outward appearance but the Lord looks at the
heart.''
Reveal to us the hearts of our people, so we can serve them wisely.
I pray in Jesus' Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 521, An act relating to income taxation; providing credits therefrom for teaching aid
contributions; amending K.S.A. 79-32,117 and repealing the existing section, by Senators
Donovan, Becker, Bleeker, Brownlee, Clark, Downey, Gilstrap, Gooch, Goodwin, Harring-
ton, Huelskamp, Morris, Petty, Pugh, Schraad, Steineger and Umbarger.
SB 522, An act concerning workers compensation; relating to functional disability;
amending K.S.A. 1997 Supp. 44-501 and repealing the existing section, by Committee on
Commerce.
SB 523, An act concerning conservation; relating to the Kansas water quality buffer
initiative; amending K.S.A. 2-1915 and repealing the existing section, by Committee on
Agriculture.
SB 524, An act concerning water pollution control; relating to swine confined feeding
facilities; amending K.S.A. 1997 Supp. 65-166a and 65-171d and repealing the existing sec-
tions, by Committee on Agriculture.
SB 525, An act relating to property taxation; relating to the residential property exemption
from the statewide school levy; amending K.S.A. 79-201x and repealing the existing section,
by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones,
Karr, Lee, Petty and Steineger.
SB 526, An act concerning railroads; relating to the sounding of whistles; amending K.S.A.
66-2,120 and repealing the existing section, by Senator Steineger.
SB 527, An act relating to income taxation; exempting certain retirement benefits there-
from; amending K.S.A. 79-32,117 and repealing the existing section, by Committee on As-
sessment and Taxation.
SB 528, An act relating to income taxation; concerning the treatment of private retirement
benefits; amending K.S.A. 79-32,117 and repealing the existing section, by Committee on
Assessment and Taxation.
SB 529, An act imposing a local compensating use tax by cities and counties upon intra-
state sales of certain vehicles, by Committee on Assessment and Taxation.
SB 530, An act concerning docket fees; relating to disposition thereof; law enforcement
training center fund; amending K.S.A. 20-362 and repealing the existing section, by Com-
mittee on Judiciary.
SB 531, An act concerning credit agreements; relating to actions forlegal or equitable
relief or defenses; amending K.S.A. 16-117 and 16-118 and repealing the existing sections,
by Committee on Judiciary.
SB 532, An act concerning criminal procedure; relating to postrelease supervision;
amending K.S.A. 1997 Supp. 22-3717 and repealing the existing section, by Committee on
Judiciary.
SB 533, An act concerning the sale of medicines and drugs through vending machines;
amending K.S.A. 65-650 and repealing the existing section, by Committee on Public Health
and Welfare.
SB 534, An act abolishing the behavioral sciences regulatory board transferring the powers,
duties and functions thereof to the secretary of health and environment, by Committee on
Public Health and Welfare.
SB 535, An act concerning the emergency medical services board; relating to the powers
and duties thereof; relating to attendants and the regulation thereof; amending K.S.A. 65-
6102, 65-6127, 65-6129a, 65-6129b, 65-6133 and 65-6135 and K.S.A. 1997 Supp. 65-6110,
65-6111, 65-6112, 65-6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129 and 65-6144 and
repealing the existing sections; also repealing K.S.A. 65-6148 and K.S.A. 1997 Supp. 65-
6149, by Committee on Public Health and Welfare.
SB 536, An act concerning civil commitment; enacting the care and treatment act for
persons with an alcohol or substance abuse problem; concerning the care and treatment act
for mentally ill persons; amending K.S.A. 1997 Supp. 59-2952, 59-2953, 59-2954, 59-2955,
59-2957, 59-2958, 59-2961, 59-2963, 59-2964, 59-2966, 59-2967 and 59-2969 and repealing
the existing sections; also repealing K.S.A. 65-4034, 65-4039, 65-4046, 65-4047, 65-4051,
65-4052, 65-4053, 65-4055, 60-4057, 65-4058, 65-5203, 65-5207, 65-5209, 65-5214, 65-
5221, 65-5222, 65-5226, 65-5227, 65-5228, 65-5230, 65-5231, 65-5232 and 65-5233 and
K.S.A. 1997 Supp. 59-2985, 59-2986, 65-4003, 65-4025, 65-4026, 65-4027, 65-4028, 65-
4030, 65-4031, 65-4032, 65-4033, 60-4035, 65-4036, 65-4037, 65-4038, 65-4040, 65-4041,
65-4042, 65-4043, 65-4044, 65-4045, 65-4048, 65-4049, 65-4050, 65-4054, 65-5201, 65-
5202, 65-5204, 65-5205, 65-5206, 65-5208, 65-5210, 65-5211, 65-5212, 65-5213, 65-5215,
65-5216, 65-5217, 65-5218, 65-5219, 65-5220, 65-5223, 65-5224, 65-5225 and 65-5229, by
Committee on Judiciary.
SB 537, An act concerning pawnbrokers; interest rate; inspection by consumer credit
commissioner as to compliance of records; amending K.S.A. 16-712, 16-715, 16-718, 16-
719 and 16a-1-202 and repealing the existing sections, by Committee on Financial Institu-
tions and Insurance.
SB 538, An act concerning abortions; relating to partial-birth abortions; amending K.S.A.
1997 Supp. 65-6701 and repealing the existing section, by Senators Emert, Barone, Corbin,
Downey, Kerr and Vidricksen.
SB 539, An act concerning abortion; amending K.S.A. 1997 Supp. 65-6703 and repealing
the existing section, by Senators Emert, Barone, Corbin, Downey and Vidricksen.
SB 540, An act concerning crimes, punishment and criminal procedure; relating to au-
thorized dispositions and violations of conditions of release; amending K.S.A. 75-5217 and
K.S.A. 1997 Supp. 21-4603D and repealing the existing sections, by Committee on Judiciary.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
SB 397; HB 2545, 2548, 2554, 2556, 2557, 2565, 2566, 2567, 2595 having appeared
on the Consent Calendar for the required two full legislative days without objection from
any member, were considered on final action.
SB 397, An act repealing K.S.A. 19-319; relating to the powers and duties of the county
clerk.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2548, An act repealing K.S.A. 13-2201 through 13-2215, 13-2215a, 13-2215b and
13-2216 through 13-2220; concerning certain cities; relating to civil service commissions.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2557, An act repealing K.S.A. 13-2501, 13-2507, 13-2508, 13-2508a, 13-2508b, 13-
2509, 13-2510, 13-2512 through 13-2519, 13-2519a, 13-2519b, 13-2520, 13-2521, 13-2522,
13-2525 through 13-2529, 13-2533 through 13-2537 and 13-2540 through 13-2544; con-
cerning certain cities; relating to parks, parkways, boulevards and playgrounds.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2565, An act repealing K.S.A. 13-1501, 13-1812 and 13-2905 through 13-2908; con-
cerning certain cities; relating to the form of government and changes therein.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2566, An act repealing K.S.A. 13-1411, 13-1424, 13-1702a, 13-1702e, 13-1702f,
13-1704, 13-1706, 13-1707a through 13-1707l, 13-1709, 13-1801, 13-1802, 13-1804 through
13-1808, 13-1810, 13-1813, 13-2001, 13-2002, 13-2003 and 13-2005 through 13-2011; con-
cerning certain cities; relating to the governing body thereof.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Committee on Elections and Local Government recommends SB 410 be amended
on page 1, in line 34, by striking all following ``(1)''; in line 35, by striking ``act'' and inserting
``After a preliminary investigation of any matter reported to the commission pursuant to
subsection (c), and upon written findings by the commission that there is a reasonable
suspicion that a violation of the campaign finance act has occurred'';
On page 2, in line 1, following the period, by inserting ``Any vote authorizing the issuance
of a subpoena or subpoena duces tecum shall be taken at a meeting where the commissioners
are in physical presence.''; following line 31, by inserting the following:
``(3) No person is excused from attending or testifying or from producing any document
or record before the commission, or obedience to the subpoena of the commission or any
officer designated by the commission, or in any proceeding instituted by the commission,
on the ground that the testimony or evidence (documentary or otherwise) required of the
person may tend to incriminate the person or subject the person to a penalty or forfeiture.
No individual may be prosecuted or subjected to any criminal penalty or forfeiture for or
on account of any transaction, matter or thing concerning which such person is compelled,
after claiming privilege against self-incrimination, to testify or produce evidence (documen-
tary or otherwise), except that the individual so testifying shall not be exempt from prose-
cution and punishment for perjury committed in so testifying.'';
Also on page 2, in line 35, by striking ``this act'' where it appears both times and inserting
in both places ``the state governmental ethics law''; in line 37, by striking all following ``(1)'';
in line 38, by striking ``act'' and inserting ``After a preliminary investigation of any matter
reported to the commission pursuant to subsection (a), and upon written findings by the
commission that there is a reasonable suspicion that a violation of the state governmental
ethics law has occurred'';
On page 3, in line 4, following the period, by inserting ``Any vote authorizing the issuance
of a subpoena or subpoena duces tecum shall be taken at a meeting where the commissioners
are in physical presence.''; following line 34, by inserting the following:
``(3) No person is excused from attending or testifying or from producing any document
or record before the commission, or obedience to the subpoena of the commission or any
officer designated by the commission, or in any proceeding instituted by the commission,
on the ground that the testimony or evidence (documentary or otherwise) required of the
person may tend to incriminate the person or subject the person to a penalty or forfeiture.
No individual may be prosecuted or subjected to any criminal penalty or forfeiture for or
on account of any transaction, matter or thing concerning which such person is compelled,
after claiming privilege against self-incrimination, to testify or produce evidence (documen-
tary or otherwise), except that the individual so testifying shall not be exempt from prose-
cution and punishment for perjury committed in so testifying.
New Sec. 3. K.S.A. 46-215 through 46-293 and K.S.A. 1997 Supp. 46-237a, and amend-
ments thereto, shall be known and may be cited as the state governmental ethics law.''; and
by renumbering sections accordingly; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 486 be amended on page
3, in line 42, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed
as amended.
Committee on Judiciary recommends SB 449 be amended on page 1, in line 24, by
striking ``crimes'' and inserting ``crime''; and the bill be passed as amended.
Committee on Public Health and Welfare recommends SB 467 be passed.
Committee on Ways and Means recommends SB 102, 153, 178, 228, 385 be not
passed.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of ``General Orders''
with Senator Kerr in the chair.
On motion of Senator Kerr the following report was adopted: Recommended that SB 404, 409, 412, 423 be passed.
Recommended that SB 405, 411, 425, be amended by adoption of the committee
amendments, and the bills be passed as amended.
SB 416,446, be passed over and retain a place on the calendar.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, January
29, 1998.