The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Jones was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
There's a certain fascination
In outsmarting an opponent;
There's a sense of satisfaction
A kind of ``rush'' for just a moment.
At the time we hardly notice
We have resorted to deception;
Though we normally play it straight,
We excuse a few ``exceptions''.
Remind us, Lord, deception
Exacts a heavy toll;
The blaze of stolen glory
Turns to bitter cold.
Chickens have a way
Of coming home to roost,
And when we decide to break the rules
Our credibility is reduced.
When the rule by which we live
Is ``winning at all costs'',
A thousand victories cannot atone
For the integrity we have lost.
I pray in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 624, An act concerning elections; relating to precinct committeemen and commit-
teewomen; amending K.S.A. 25-3801 and K.S.A. 1997 Supp. 25-3902 and repealing the
existing sections, by Committee on Elections and Local Government.
SB 625, An act concerning alcoholic liquor and cereal malt beverage; relating to posses-
sion or consumption on school property; amending K.S.A. 1997 Supp. 41-719 and repealing
the existing section, by Senator Goodwin.
SB 626, An act concerning the campaign finance act; relating to certain violations; amend-
ing K.S.A. 1997 Supp. 25-4152 and 25-4181 and repealing the existing sections, by Senators
Salisbury and Hardenburger.
SB 627, An act concerning retirement and pensions; relating to court reporters; retire-
ment benefits, by Senator Hensley.
SB 628, An act concerning the residential landlord and tenant act; relating to the ter-
mination of the rental agreement; amending K.S.A. 58-2543, 58-2547 and 58-2564 and
repealing the existing sections, by Senator Hensley.
SB 629, An act concerning children; relating to joint shared child custody and parenting
time; concerning child support; relating to falsely reporting a crime; amending K.S.A. 20-
164, 21-3422, 21-3422a, 21-3818, 23-601, 23-602, 23-701, 38-1302, 38-1309, 38-1310, 38-
1597, 60-1607, 60-1612, 60-1614, 60-1617 and 75-720 and K.S.A. 1997 Supp. 5-509, 20-
302b, 23-9,305, 23-1001, 23-1002, 38-1121, 38-1138, 38-1563, 38-1569, 38-1583, 38-1641,
38-1664, 38-16,119, 60-1610, 60-1616, 60-1621, 60-3107 and 74-7334 and repealing the
existing sections; also repealing K.S.A. 1997 Supp. 20-302c, by Committee on Judiciary.
SB 630, An act concerning motor vehicles and crimes related thereto; relating to eluding
a police officer; punishment; amending K.S.A. 1997 Supp. 8-1568 and repealing the existing
section, by Committee on Judiciary.
SB 631, An act concerning criminal procedure; relating to search warrants; amending
K.S.A. 22-2502 and repealing the existing section, by Committee on Judiciary.
SB 632, An act concerning crimes and punishment; relating to giving a worthless check;
amending K.S.A. 1997 Supp. 21-3707 and repealing the existing section, by Committee on
Judiciary.
SB 633, An act concerning crimes and punishment; relating to arson; amending K.S.A.
21-3718 and repealing the existing section, by Committee on Judiciary.
SB 634, An act concerning the Kansas automobile injury reparations act; increasing min-
imum coverage limits; amending K.S.A. 40-3107 and repealing the existing section, by Com-
mittee on Judiciary.
SB 635, An act enacting the Kansas uniform prudent investor act; repealing K.S.A. 17-
5004, by Committee on Judiciary.
SB 636, An act concerning adoption; relating to birth certificates; amending K.S.A. 59-
2119 and K.S.A. 1997 Supp. 65-2423 and repealing the existing sections, by Committee on
Judiciary.
SB 637, An act concerning airports; providing funding for public use general aviation
airports; amending K.S.A. 75-5152 and repealing the existing section, by Senators Feleciano,
Barone, Bleeker, Clark, Downey, Hensley, Karr, Salmans and Steffes.
SB 638, An act concerning probate; relating to distribution; amending K.S.A. 59-1507b
and repealing the existing section, by Senator Gooch.
SB 639, An act concerning crimes and punishment; relating to certain drug offenses;
modification of sentence, by Senator Gooch.
SB 640, An act enacting the Kansas drug dealer liability act, by Senator Schraad.
SB 641, An act concerning the Kansas code for care of children; relating to records and
reports; amending K.S.A. 1997 Supp. 38-1507 and repealing the existing section, by Senator
Schraad.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 621.
Education: SB 612, 613, 623.
Federal and State Affairs: SB 610.
Judiciary: SB 615, 616, 618.
Public Health and Welfare: SB 622.
Ways and Means: SB 611, 614, 617, 619, 620.
MESSAGE FROM THE GOVERNOR
February 11, 1998
To the Senate of the State of Kansas:
Submitted herewith for confirmation by the Senate is an appointment made by me as
Governor of the State of Kansas as of February 11, 1998, pursuant to law.
Bill Graves
Governor
Brigadier General, Kansas Air National Guard, Russell C. Axtell, pursuant to the authority
vested in me by K.S.A. 48-208, effective upon date of confirmation by the Kansas Senate
for a period as provided in K.S.A. 48-209, when appointee reaches age 64.
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
February 4, 1998
Shirley A. Moses, Director, Division of Accounts and Reports, Department of Adminis-
tration, submitted a copy of the State of Kansas Monthly Financial Report for the month of
December, 1997.
Enhanced monthly financial information is available on the internet under Monthly Fi- nancial Perspective. There is also a web-site available.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
The House accedes to the request of the Senate for a conference on SB 9 and has
appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
Substitute HB 2478; HB 2512, 2584, 2607, 2637 were thereupon introduced and read
by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Donovan moved the Senate Concur in house amendments to SB 234.
Citing Senate Rule 26, Senator Hensley offered a substitute motion to postpone the
motion to concur to day certain Thursday, February 12, 1998.
President Bond affirmed action on SB 234 would take place on Thursday, February 12,
1998.
Senator Hensley withdrew the substitute motion.
Senator Donovan withdrew his motion to concur.
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 523 be passed.
Committee on Elections and Local Government recommends SB 480 be passed.
Also SB 430 be amended on page 1, in line 43, by striking ``$50'' and inserting ``$100'';
On page 2, in line 13, by striking ``$50'' and inserting ``$100''; in line 20, by striking all
after ``name'' and inserting ``of any clearly identified candidate and the address of such
candidate''; in line 21, by striking ``or in-''; in line 22, by striking ``dependent expenditure'';
in line 23, by striking ``$50'' and inserting ``$100''; in line 29, by striking ``$50'' and inserting
``$100''; in line 39, by striking ``$50'' and inserting ``$100''; in line 40, by striking ``$25'' and
inserting ``$50'';
On page 3, by striking all in line 26 and inserting:
``Sec. 2. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as follows: 25-4143. As
used in the campaign finance act, unless the context otherwise requires:
(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or a candidate com-
mittee,
(2) makes a public announcement of intention to seek nomination or election to state
or local office,
(3) makes any expenditure or accepts any contribution for the purpose of influencing
such person's nomination or election to any state or local office, or
(4) files a declaration or petition to become a candidate for state or local office.
(b) ``Candidate committee'' means a committee appointed by a candidate to receive
contributions and make expenditures for the candidate.
(c) ``Clearly identified candidate'' means a candidate who has been identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name, photograph or drawing of such candidate is used.
(c) (d) ``Commission'' means the Kansas commission on governmental standards and
conduct created by K.S.A. 25-4119a, and amendments thereto.
(d) (e) (1) ``Contribution'' means: (A) Any advance, conveyance, deposit, distribution,
gift, loan or payment of money or any other thing of value made for the purpose of influ-
encing the nomination or election of any individual to state or local office;
(B) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees;
(C) the payment, by any person other than a candidate, candidate committee, party
committee or political committee, of compensation to an individual for the personal services
rendered without charge to or for a candidate's campaign or to or for any such committee;
(D) the purchase of tickets or admissions to, or advertisements in journals or programs
for, testimonial events;
(E) a mailing of materials designed to influence the nomination or election of a candi-
date, which is made and paid for by a party committee with the consent of such candidate.
(2) ``Contribution'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services not exceeding a
fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding a fair market value of $50 per event.
(e) (f) ``Election'' means: (1) A primary or general election for state or local office and
(2) a convention or caucus of a political party held to nominate a candidate for state or local
office.
(f) (g) (1) ``Expenditure'' means: (A) Any purchase, payment, distribution, loan, ad-
vance, deposit or gift of money or any other thing of value made for the purpose of influ-
encing the nomination or election of any individual to state or local office;
(B) any contract to make an expenditure;
(C) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees;
(D) payment of a candidate's filing fees.
(2) ``Expenditure'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding
a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning or pay-
ment of such costs by the treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is to influence the nomination or election of
a candidate.
(g) (h) ``Party committee'' means the state committee of a political party regulated by
article 3 of chapter 25 of the Kansas Statutes Annotated, or the county central committee
or the state committee of a political party regulated under article 38 of chapter 25 of the
Kansas Statutes Annotated or the bona fide national organization or committee of those
political parties regulated by the Kansas Statutes Annotated, or not more than one political
committee established by the state committee of any such political party and designated as
a recognized political committee for the senate or not more than one political committee
established by the state committee of any such political party and designated as a recognized
political committee for the house of representatives.
(h) (i) ``Person'' means any individual, committee, corporation, partnership, trust, or-
ganization or association.
(i) (j) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to support or oppose any
candidate for state or local office, but not including any candidate committee or party
committee.
(j) (k) ``Receipt'' means a contribution or any other money or thing of value, but not
including volunteer services provided without compensation, received by a treasurer in the
treasurer's official capacity.
(k) (l) ``State office'' means any state office as defined in K.S.A. 25-2505, and amend-
ments thereto.
(l) (m) ``Testimonial event'' means an event held for the benefit of an individual who is
a candidate to raise funds for such candidate's campaign. Testimonial events include but
are not limited to dinners, luncheons, rallies, barbecues and picnics.
(m) (n) ``Treasurer'' means a treasurer of a candidate or of a candidate committee, a
party committee or a political committee appointed under the campaign finance act or a
treasurer of a combination of individuals or a person other than an individual which is subject
to paragraph (2) of subsection (a) of K.S.A. 25-4172 and amendments thereto.
(n) (o) ``Local office'' means a member of the governing body of a city of the first class,
any elected office of a unified school district having 35,000 or more pupils regularly enrolled
in the preceding school year, a county or of the board of public utilities.
Sec. 3. K.S.A. 1997 Supp. 25-4143 and 25-4148 are hereby repealed.'';
Also on page 3, by renumbering section 3 as section 4;
In the title, in line 10, after ``Supp.'' by inserting ``25-4143 and''; also in line 10, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 497 be passed and, because
the committee is of the opinion that the bill is of a noncontroversial nature, be placed on
the consent calendar.
Committee on Public Health and Welfare recommends SB 506 be passed.
Also SB 548 be amended on page 1, in line 16, after ``and'' by inserting ``such other
duties''; in line 18, by striking ``, or the''; in line 19, by striking ``designee of the disciplinary
counsel, may investigate''; in line 20, by striking ``and appear on behalf of the board in all
disciplinary matters''; in line 33, by striking ``within the jurisdiction of the board and in any
administra-''; by striking all in line 34 and inserting in lieu thereof the following: ``may
investigate and present for the board matters within the jurisdiction of the board. As des-
ignated by the board, the disciplinary counsel may appear on behalf of the board in admin-
istrative proceedings and in judicial proceedings brought under the act for judicial review
and civil enforcement of agency actions. The board may employ or appoint other persons
to assist the disciplinary counsel in carrying out the duties of this section. The disciplinary
counsel and all persons employed or appointed to assist the disciplinary counsel shall be
subject to all provisions of the healing arts act.''; in line 37, by striking ``Kansas register'' and
inserting ``statute book''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends SB 488 be passed.
Committee on Ways and Means recommends SB 545 be 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 Vidricksen in the chair.
On motion of Senator Vidricksen the following report was adopted:
SB 400, 429, 467, 469, 510, 520 be passed.
SCR 1617 be adopted.
Also, SB 394, 436, 449, 491 be amended by adoption of the committee amendments,
and the bills be passed as amended.
SB 382 be amended by adoption of the committee amendments, be further amended by
motion of Senator Kerr on page 131, after line 27, by inserting the following section:
``Sec. 91. K.S.A. 74-49,100 is hereby amended to read as follows: 74-49,100. (a) On
July 1, 1975, the Kansas retirement fund for official court reporters created by K.S.A. 20-
2702 is hereby abolished and the state treasurer shall transfer all moneys and other assets
in said such Kansas retirement fund for official court reporters to the Kansas public em-
ployees retirement fund created by K.S.A. 74-4921 and amendments thereto. For the pur-
poses of all assets other than money, such transfer shall be at the market value of such assets
at the close of business on the date of transfer, which shall be the bid price as quoted by a
nationally recognized government bond dealer.
(b) On July 1, 1975, and as a part of the transfer of moneys and other assets of the
Kansas retirement fund for official court reporters to the Kansas public employees retire-
ment fund, the accounts in the Kansas public employees retirement fund of persons who
become members or special members of the Kansas public employees retirement system
pursuant to K.S.A. 74-4999 and amendments thereto, shall be credited with the contributions
in their respective accounts in the Kansas retirement fund for official court reporters.
(c) On and after July 1, 1975, the board of trustees of the Kansas public employees
retirement system may execute transfer endorsements for any stock or security which was
transferred from the Kansas retirement fund for official court reporters to the Kansas public
employees retirement fund pursuant to subsection (a). Any such endorsement may be made
either in the name of the Kansas public employees retirement fund or in the name of the
Kansas retirement fund for judges.
(d) On and after July 1, 1975, whenever the Kansas retirement fund for official court
reporters, or words of like effect, is referred to or designated by a statute or contract or
other document, such reference or designation shall be deemed to apply to the Kansas
public employees retirement fund.
(e) On and after July 1, 1975, whenever the Kansas official court reporters retirement
board, or words of like effect, is referred to or designated by a statute or contract or other
document, such reference or designation shall be deemed to apply to the board of trustees
of the Kansas public employees retirement system.
(f) The rights of members of the Kansas retirement fund for official court reporters in benefits accrued to the date of termination, to the extent funded, or the amounts in such member's accounts are nonforfeitable.``;
And by renumbering sections accordingly;
On page 132, in line 18, after ``74-4998g,'' by inserting ``74-49,100,'';
On page 1, in the title, in line 17, after ``74-4998g'' by inserting ``, 74-49,100'', and the
bill be passed as further amended.
SB 493 be amended by adoption of the committee amendments, be further amended by
motion of Senator Steffes on page 4, in line 16, by striking ``.25%'' and inserting ``.50%''; in
line 17, by striking all after ``of''; in line 18, by striking all before ``to'' and inserting ``roadway
construction and improvement''; in line 20, by striking ``three'' and inserting ``five'';
On page 7, in line 40, by striking ``1.25%'' and inserting ``1.5%''
The bill be further amended by motion of Senator Clark on page 5, in line 27, after ``of''
by inserting ``.125%,''; on page 7, in line 1, after ``counties'' by inserting ``and Overland
Park'', in line 16, before ``1.25%'' by inserting ``1.125%,'', and the bill be passed as further
amended.
REPORT ON ENGROSSED BILLS
SB 8 reported correctly re-engrossed February 10, 1998.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, February
12, 1998.