January 29, 1998



Journal of the Senate


THIRTEENTH DAY

______

Senate Chamber Topeka, Kansas 

Thursday, January 29, 1998--2:30 p.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,

            It's January twenty-ninth

            And it's time to celebrate

            The one hundred and thirty-seventh

            Birthday of our state.

            You've blessed all the states, O God,

            With many attractive features;

            Including beautiful scenery

            And wild, exotic creatures.

            Colorado has its mountains,

            Florida has its beaches

            Minnesota has its lakes

            And Georgia has its peaches.

            But the hills of flint throughout this land

            With Buffalo Grass which You have sown,

            Makes it seem that You've designed

            A gigantic golf course of Your Own.

            Blazing sunsets and waving wheat

            Mesmerize our senses;

            And frontier towns remind us when

            Kansas had no fences.

            From Liberal to Leavenworth

            From Galena to St. Francis,

            We who love this state, can pray.

            Thank You, Lord, for Kansas!

            I pray in Jesus' Name,

            AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were introduced and read by title:

 SB 541, An act concerning financial institutions; consolidated returns for taxation under
article 11 of chapter 79 of the Kansas Statutes Annotated; duties of the secretary of revenue,
by Committee on Financial Institutions and Insurance.

 SB 542, An act relating to certificates of title; concerning repossessed vehicles; creating
the repossessed certificates of title fee fund; amending K.S.A. 1997 Supp. 8-135 and 8-145
and repealing the existing sections, by Committee on Transportation and Tourism.

 SB 543, An act relating to property taxation; concerning contents of appraised valuation
notice; amending K.S.A. 79-1437f and 79-1460 and repealing the existing sections, by Com-
mittee on Assessment and Taxation.

 SB 544, An act relating to the taxation of cigarettes; increasing the rate thereof; amending
K.S.A. 79-3310 and 79-3311 and repealing the existing sections, by Committee on Assess-
ment and Taxation.

 SB 545, An act making and concerning appropriations for the fiscal year ending June 30,
1998, for the department of health and environment; authorizing certain transfers and im-
posing certain restrictions and limitations, and directing or authorizing certain receipts and
disbursements and acts incidental to the foregoing, by Committee on Ways and Means.

 SB 546, An act concerning Kansas use law; creating the Kansas use commission; powers
and duties; amending K.S.A. 75-3317, 75-3319, 75-3320, 75-3321 and 75-3322 and repealing
the existing sections, by Committee on Federal and State Affairs.

 SB 547, An act concerning the state scholarship program; relating to eligibility of state
scholars; affecting determination of scholarship amounts; amending K.S.A. 72-6810, 72-
6811, 72-6812, 72-6814, 72-6815 and 72-6816 and repealing the existing sections, by Com-
mittee on Education.

 SB 548, An act concerning the Kansas healing arts act; disciplinary counsel ending K.S.A.
65-2840a and repealing the existing section, by Committee on Public Health and Welfare.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were referred to Committees as indicated:

 Agriculture: SB 523.

 Assessment and Taxation: SB 521, 525, 527, 528, 529.

 Commerce: SB 522.

 Energy and Natural Resources: SB 524.

 Financial Institutions & Insurance: SB 537.

 Judiciary: SB 530, 531, 532, 536, 538, 539, 540.

 Public Health and Welfare: SB 533, 534, 535.

 Transportation and Tourism: SB 526.

COMMUNICATIONS FROM STATE OFFICERS

KANSAS CORPORATION COMMISSION

January 29, 1998

 John Wine, Chairman, Kansas Corporation Commission, submitted the 1998 Report to
the Legislature pursuant to the provisions of K.S.A. 66-117b.

KANSAS EMS/TRAUMA PLANNING PROJECT

January 26, 1998

 On behalf of the Kansas EMS/Trauma Planning Project Policy Group, the Project part-
ners submitted the Kansas EMS/Trauma Systems Plan, requesting a Legislative Interim
Study in 1998 to consider the recommendations and to propose legislation for the 1999
Session.

 The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.

MESSAGE FROM THE HOUSE

 Announcing passage of HB 2552, 2559, 2561, 2562, 2564.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

 HB 2552, 2559, 2561, 2562, 2564 were thereupon introduced and read by title.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 SB 404, An act concerning consumer protection; relating to the civil penalty for odometer
fraud; amending K.S.A. 50-651 and repealing the existing section, 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, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Pugh.

    The bill passed.

 SB 405, An act concerning administrative procedure; relating to presiding officers;
amending K.S.A. 75-3306, as amended by section 91 of chapter 182 of the 1997 Session
Laws of Kansas, 75-37,121, 77-514, as amended by section 92 of chapter 182 of the 1997
Session Laws of Kansas, and 77-551 and repealing the existing sections, 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, as amended.

 SB 409, An act relating to accident and health insurance; providing coverage for prostate
cancer screening; amending K.S.A. 1997 Supp. 40-19c09 and repealing the existing section;
also repealing K.S.A. 1997 Supp. 40-1909, 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, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Pugh.

    The bill passed.

 SB 411, An act concerning health insurers; relating to utilization review organizations;
amending K.S.A. 1997 Supp. 40-22a06 and repealing the existing section, 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, as amended.

 SB 412, An act concerning insurance; relating to risk-based capital requirements; amend-
ing K.S.A. 1997 Supp. 40-2c01 and repealing the existing section, 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.

 SB 423, An act concerning the health care provider insurance availability act; relating to
certain employees of the health care stabilization fund; amending K.S.A. 1997 Supp. 40-
3403 and repealing the existing section, 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.

 SB 425, An act concerning hospitals; critical access hospitals and rural health networks;
amending K.S.A. 65-468, 65-470, 65-471, 65-473 and 65-474 and K.S.A. 1997 Supp. 65-425
and repealing the existing sections, 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, as amended.

REPORTS OF STANDING COMMITTEES

 Committee on Judiciary recommends SB 472, 473 be passed and, because the com-
mittee is of the opinion that the bills are of a noncontroversial nature, be placed on the
consent calendar.

 Committee on Ways and Means recommends SB 394 be amended on page 1, in line
40, by striking ``2000'' and inserting ``1999''; in line 41, by striking ``representative'' and
inserting ``senator''; in line 42, by striking ``house appropriations'' and inserting ``senate ways
and means'';

    On page 2, in line 1, by striking ``senator'' and inserting ``representative''; in line 2, by
striking ``senate ways and means'' and inserting ``house appropriations''; in line 3, by striking
``2000'' and inserting ``1999''; also in line 3, by striking ``2002'' and inserting ``2000''; in line
4, by striking ``senator'' and inserting ``representative''; also in line 4, by striking ``senate'';
in line 5, by striking all before ``committee'' and inserting ``house appropriations''; in line 9,
by striking ``representative'' and inserting ``senator''; in line 10, by striking ``house appro-
priations'' and inserting ``senate ways and means''; in line 15, by striking all after ``on''; by
striking all of line 16; in line 17, by striking all before the period and inserting ``the expiration
of this act under subsection (f)'';

    On page 3, in line 19, before ``interim'', by inserting ``an''; also in line 19, by striking
``reports'' and inserting ``report''; in line 21, by striking ``, 2000 and 2001''; in line 24, by
striking ``2002'' and inserting ``2000'';

    On page 4, in line 9, by striking ``2002'' and inserting ``2000''; and the bill be passed as
amended.

REPORT ON ENGROSSED BILLS

 SB 405, 411, 425 reported correctly engrossed January 28, 1998.

 On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 30,
1998.

HELEN A. MORELAND, Journal Clerk. 

PAT SAVILLE, Secretary of the Senate.