February 24, 1998


Journal of the Senate


THIRTY-FIRST DAY
______
Senate Chamber Topeka, Kansas 
Tuesday, February 24, 1998--2:30 p.m. 
       The Senate was called to order by President Dick Bond.

       The roll was called with forty senators present.

       The President introduced guest chaplain, Pastor Tom Blasco, Great Plains Com-
      munity Church, Overland Park, Kansas, who delivered the invocation.

       Lord, you have said in your word, ``if any one of you lacks wisdom, let him ask of
      God, who gives to all men generously, and it will be given to him'' and that ``if we
      acknowledge you, you will make our paths straight.'' We acknowledge you and come
      to you today to humbly ask for your wisdom, your council, your insight, your direc-
      tion, your leadership and for You to make our paths straight. May our activity today
      further goodness, truth, virtue and the betterment for the people of Kansas, of whom
      we serve. May you guide our minds, our hearts, our deliberations and our session.
      We are reminded of the psalmist who said: ``I will lift up my eyes to the mountains,
      from whence does my help come? My help comes from the Lord who made heaven
      and earth.'' We lift up our eyes and our hearts to you oh God, and recognize our
      need of your help. We thank you for hearing us, Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bill was introduced and read by title:

    SB 678, An act concerning the telecommunications act; relating to competition in rural
areas; amending K.S.A. 1997 Supp. 66-2004 and repealing the existing section, by Com-
mittee on Ways and Means.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were referred to Committees as indicated:

 Commerce: HB 2534, 2765.

 Energy and Natural Resources: HB 2732.

CHANGE OF REFERENCE

 The President withdrew SB 108, 420, 433, 541, 603 from the Committee on Assessment
and Taxation, and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 677 from the Committee on Elections and Local Govern-
ment, and referred the bill to the Committee on Ways and Means.

 The President withdrew SB 555, 653 from the Committee on Commerce, and referred
the bills to the Committee on Ways and Means.

 The President withdrew SB 534, 655 from the Committee on Ways and Means, and
rereferred the bills to the Committee on Public Health and Welfare.

 The President withdrew SB 666 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Commerce.

 The President withdrew SB 664 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Energy and Natural Resources.

 The President withdrew SB 557 from the calendar under the heading of General Orders
and rereferred the bill to the Committee on Transportation and Tourism.

MESSAGE FROM THE HOUSE

 Announcing passage of Substitute HB 2630; HB 2769, 2806, 2832.

 Also, adoption of HCR 5042.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

 Substitute HB 2630; HB 2769, 2806, 2832; HCR 5042 were thereupon introduced
and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

 Senator Hardenburger moved the Senate Concur in house amendments to SB 256.

 SB 256, An act concerning law enforcement; relating to university police officers; juris-
diction; amending K.S.A. 76-726 and K.S.A. 1997 Supp. 22-2401a and repealing the existing
sections.

    On roll call, the vote was: Yeas 28, nays 12, present and passing 0; absent or not voting
0.

    Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Downey, Emert, Feleciano, Gil-
strap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Karr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Schraad, Steffes, Steineger, Vidricksen.

    Nays: Bleeker, Clark, Donovan, Harrington, Huelskamp, Kerr, Pugh, Ranson, Salisbury,
Salmans, Tyson, Umbarger.

    The Senate concurred.

FINAL ACTION ON CONSENT CALENDAR

 SB 618 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.

 SB 618, An act concerning the Kansas public employees retirement system; relating to
criminal penalty for making false statements; amending K.S.A. 74-4924 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 bill passed.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 SB 435, An act concerning crimes, criminal procedure and penalties; relating to author-
ized dispositions; sentencing upon commission of new felony while on release; amending
K.S.A. 1997 Supp. 21-4603d 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 454, An act concerning the campaign finance act; relating to certain violations thereof;
amending K.S.A. 25-4142 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 455, An act concerning governmental ethics; relating to certain violations; relating to
liability for violations by another person, 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 462, An act concerning the uniform consumer credit code; relating to definitions of
certain terms; amending K.S.A. 16a-2-309 and K.S.A. 1997 Supp. 16a-1-301 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 474, An act concerning corporations; relating to filing of articles of incorporation and
other instruments; amending K.S.A. 17-6003 and repealing the existing section, was consid-
ered on final action.

    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, 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, Umbarger, Vidricksen.

    Nays: Clark, Tyson.

    The bill passed, as amended.

 SB 505, An act repealing K.S.A. 1997 Supp. 74-50,164; concerning the agriculture prod-
ucts development division in the department of commerce and housing, was considered on
final action.

    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, Huel-
skamp, Jones, Jordan, Karr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen.

    Nays: Kerr, Tyson.

    The bill passed.

 SB 506, An act concerning prearranged funeral agreements, contracts and plans; amend-
ing K.S.A. 16-303 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 513, An act concerning public officers and employees; relating to the legal represen-
tation thereof before grand juries and inquisitions; amending K.S.A. 75-4360 and 75-6108
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.

 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, 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, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Bleeker, Donovan, Hardenburger, Ranson.

    The bill passed.

 SB 532, An act concerning criminal procedure; relating to postrelease supervision;
amending K.S.A. 1997 Supp. 22-3717 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 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, 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 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, 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, Clark, Corbin, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen.

    Nays: Brownlee, Donovan, Tyson.

    The bill passed, as amended.

 SCR 1616, A concurrent resolution urging the Congress to enact legislation providing
relief from the order of the Federal Energy Regulatory Commission requiring Kansas nat-
ural gas producers to pay penalties and interest on certain refunds to customers, was con-
sidered 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 resolution was adopted.

REPORTS OF STANDING COMMITTEES

 Committee on Assessment and Taxation recommends SB 602 be passed.

    Committee on Commerce recommends SB 573 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL No. 573,'' as follows:

``Substitute for SENATE BILL No. 573
By Committee on Commerce


``AN ACT concerning telephone solicitation; relating to telecommunications public utilities;
      amending K.S.A. 50-673 and K.S.A. 1997 Supp. 50-670 and repealing the existing sec-
      tions.''; and the substitute bill be passed.

       Committee on Education recommends SB 447 be amended on page 3, in line 1, by
striking ``1,775'' and inserting ``1,760''; in line 4, by striking ``1,775'' and inserting ``1,760'';
in line 17, by striking ``1,775'' and inserting ``1,760''; in line 20, by striking ``1,775'' and
inserting ``1,760''; in line 32, after ``the'', by inserting ``sum of the''; in line 34, after ``district'',
by inserting ``and the product obtained by multiplying state aid per pupil, if any, by the
enrollment of the district if the district is entitled to state aid per pupil''; in line 37, by
striking ``$3,705'' and inserting ``$3,715'';

    On page 4, following line 1, by inserting a new subsection as follows:

    ``(c) ''State aid per pupil`` means an amount of state financial aid per pupil enrolled in
a district having 1,200-1,759 enrollment. The amount of state aid per pupil is $29.'';

    Also on page 4, in line 2, by striking ``(c)'' and inserting ``(d)''; in line 30, by striking ``(d)''
and inserting ``(e)''; in line 43, by striking ``1,775'' and inserting ``1,760'';

    On page 5, in line 36, by striking ``300-1,774'' and inserting ``300-1,759'';

    On page 6, in line 8, by striking ``1,775'' and inserting ``1,760''; in line 10, by striking
``1,775'' and inserting ``1,760''; following line 18, by inserting a new section as follows:

    ``Sec. 6.

DEPARTMENT OF EDUCATION
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, the following:

Innovative program assistance $1,500,000
Provided, That expenditures shall be made by the department of education from the in-
novative program assistance account for grants to school districts to provide for structured
mentoring programs, including the HOSTS program, in reading, mathematics, language arts
or Spanish language arts.'';

    By renumbering sections 6 and 7 as section 7 and 8, respectively;

    In the title, in line 11, after the semicolon, by inserting ``making and concerning appro-
priations for the fiscal year ending June 30, 1999, for the department of education;''; and
the bill be passed as amended.

 Committee on Elections and Local Government recommends SB 657 be amended
on page 1, in line 42, following the period, by inserting ``Following the transfer of all assets
and property to the board of county commissioners, the township board of such township
shall be and is hereby abolished.'';

    On page 2, in line 1, by striking ``and submit to the township board''; in line 4, by striking
``The township board shall'' and inserting ``Subject to the same limitations imposed by law
on township boards, the board of county commissioners are hereby authorized to''; in line
9, by striking all following ``(e)''; in line 10, by striking all preceding ``adopt'' and inserting
``Upon presentation of a petition, signed by at least 20% of the qualified electors of the
township, to the board of county commissioners requesting the board to adopt a resolution
to return to the township board the powers, duties and functions transferred pursuant to
this section, the board shall''; in line 13, following the period, by inserting ``Such election
shall be called and held in the manner provided by the general bond law.''; also in line 13,
by striking ``resolution shall be adopted'' and inserting ``petition shall be submitted to the
board''; in line 14, following the period, by inserting ``If the resolution is approved by a
majority of the qualified electors of the township voting at such election, the board of county
commissioners shall appoint a township board who shall hold office until successors are
elected and qualified at the next regular general election of the township.'';

    On page 1, in the title, by striking all of lines 9 and 10 and inserting ``AN ACT concerning
townships; relating to the powers and duties thereof.''; and the bill be passed as amended.

 Committee on Financial Institutions and Insurance recommends HB 2637, 2763,
as amended by House Committee, be passed.

 Committee on Judiciary recommends SB 641 be passed.

 Committee on Public Health and Welfare recommends SB 485 be passed.

 Also SB 507 be amended on page 2, in line 28, by striking all after ``of'' and inserting
``a''; in line 29, after ``renewal'' by inserting ``application'';

    On page 4, in line 11, by striking ``biennial''; in line 23, by striking ``for the period ending
on June 30''; in line 24, by striking ``1998,'' and inserting ``shall expire on June 30 of the
year specified by the board for the expiration of the license and''; also in line 24, after
``renewed'' by inserting ``on a biennial basis''; in line 36, by striking ``biennially''; in line 37,
by striking ``The renewal fee''; by striking all in lines 38 through 41; in line 42, by striking
all after ``(b)''; by striking all in line 43;

    On page 5, by striking all in lines 1 through 14 and inserting the following: ``Commencing
with the renewal of licenses which expire on June 30, 1998, each license shall be renewed
on a biennial basis. To provide for a system of biennial renewal of licenses, the board may
provide by rules and regulations that licenses issued or renewed may expire less than two
years from the date of issuance or renewal.'';

    And by relettering subsections accordingly;

    Also on page 5, in line 29, after the period, by inserting the following: ``Continuing edu-
cation hours may be prorated for licensure periods which are less than biennial in accordance
with rules and regulations of the board.''; in line 32, by striking ``(f)'' and inserting ``(e)''; in
line 33, by striking ``(g)'' and inserting ``(f)'';

    On page 6, in line 26, by striking ``licenses,'';

    On page 7, in line 10, by striking ``required by K.S.A. 65-1643 and amendments thereto''
and inserting: ``under the pharmacy act of the state of Kansas''; in line 17, after the comma,
by inserting ``biennial''; also in line 17, by striking ``$200'' and inserting ``$100'';

    On page 8, following line 25, by inserting the following:

    ``(f) In each case in which a license of a pharmacist is issued or renewed for a period of
time less than two years, the board shall prorate to the nearest whole month the license or
renewal fee established pursuant to K.S.A. 65-1645 and amendments thereto.''; and the bill
be passed as amended.

 SB 533 be amended on page 1, in line 14, before ``Any'' by inserting ``(a)''; in line 21,
before ``No'' by beginning a new paragraph as follows:

    ``(b)'';

    Also on page 1, in line 23, after the period, by inserting: ``Any vending machine in which
nonprescription drugs are offered for sale or sold shall be located in a climate controlled
area, and the drugs offered for sale or sold in such vending machine shall not be older than
the manufacturer's expiration date. A violation of this subsection (b) is a class C nonperson
misdemeanor and upon conviction the violator shall be fined not less than $25 nor more
than $500.''; and the bill be passed as amended.

 SB 535 be amended on page 6, in line 1, by striking ``physician's assistant''; in line 35,
after ``a'' by inserting ``licensed''; in line 37, by striking ``com-''; in line 38, by striking ``munity
college'' and inserting ``accredited postsecondary education institution'';

    On page 7, by striking all in lines 16 through 28; in line 29, by striking ``(5) administer''
and inserting ``Administer''; also in line 29, by striking ``other'';

    On page 8, in line 29, by striking ``and''; preceding line 30, by inserting the following:

    ``(3) multi-lumen airway; and'';

    Also on page 8, in line 30, by striking ``(3)'' and inserting ``(4)'';

    On page 15, in line 21, by striking ``any state or federal crime that is''; by striking all in
lines 22 through 28; in line 29, before the period, by inserting: ``a felony and, after investi-
gation by the board, it is determined that such person has not been sufficiently rehabilitated
to warrant the public trust'';

    On page 17, following line 33, by inserting the following:

    ``New Sec. 18. (a) Unlawful interference with an emergency medical services attendant
is knowingly and intentionally interfering with, molesting or assaulting, as defined in K.S.A.
21-3408 and amendments thereto, any attendant while engaged in the performance of such
attendant's duties, or knowingly and intentionally obstructing, interfering with or impeding
the efforts of any attendant to reach the location of an emergency.

    (b) As used in this section, ``attendant'' shall have the meaning ascribed to such term
under K.S.A. 65-6112 and amendments thereto.

    (c) Unlawful interference with an emergency medical services attendant is a class B
person misdemeanor.

    (d) This section shall be part of and supplemental to the Kansas criminal code.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 9, after ``concerning'' by inserting ``emergency medical
services; relating to''; and the bill be passed as amended.

 SB 284 be not passed.

 Committee on Transportation and Tourism recommends HB 2618, 2686 be passed.

 Also SB 489 be amended on page 1, by striking all in lines 24 through 26; in line 27, by
striking ``(b)'' and inserting ``(a)''; in line 29, by striking ``contractor may request'' and in-
serting ``public entity may approve a request from the contractor'';

    On page 2, in line 2, by striking ``(c)'' and inserting ``(b)''; in line 4, by striking ``shall be
allowed, upon request''; in line 5, by striking all preceding ``substitute'' and inserting ``may
request and upon approval by the public contracting entity of such request the contractor
may''; by striking all in lines 36 through 43;

    By striking all on page 3;

    By striking all on page 4;

    On page 5, by striking all in lines 1 through 13; in line 14, by striking ``6'' and inserting
``2'';

    In the title, in line 10, by striking all following ``payment''; in line 11, by striking all
preceding the period; and the bill be passed as amended.

 Committee on Ways and Means recommends Substitute for HB 2478 be amended
on page 6, after line 18, by inserting the following material to read as follows:

    ``Sec. 5. K.S.A. 82a-1306 is hereby amended to read as follows: 82a-1306. (a) Every
contract made under authority of K.S.A. 82a-1305, and amendments thereto, shall include
the following:

    (1) Provision for charges, which shall be set by the director, subject to approval by the
authority, at a rate which the director shall fix per 1,000 gallons of water at the point of
withdrawal from the reservoir as provided in K.S.A. 82a-1308a, and amendments thereto;

    (2) except as provided in subsection (b), provisions for a minimum annual charge to be
paid in either an annual lump sum or in 12 equal monthly installments, whether or not
water is withdrawn during the calendar year. The minimum annual charge shall be the sum
of 50% of the total amount of water contracted for that year multiplied by the rate fixed
under paragraph (1), plus, the remaining 50% of the water reserved under contract for that
year, an amount as interest computed at a rate per annum equal to the average rate of
interest earned the past of the monthly net earnings rates for the pooled money investment
portfolio for the preceding calendar year on repurchase agreements of less than 30 days'
duration entered into by the pooled money investment board on the net amount of moneys
advanced from state funds for costs incurred and associated with that portion of the state's
conservation water supply capacity. The amount of water contracted for during the term
may be based upon either equal annual amounts or an agreed-upon graduated scale which
would be the best estimate at the time of contracting for the purchaser's water needs during
the term of the contract;

    (3) provisions that the director shall review and may adjust the rate provided in para-
graph (1) on July 15 of each year effective January 1 of the following year to reflect any
change in experience by substituting the adjusted rate for the rate then stated in the contract;

    (4) provisions that the director may adjust the total amount of water contracted for as
provided under paragraph (2) on the sixth anniversary of the execution of the contract and
each annual anniversary thereafter, if the contractor does not begin full payment for the
water under contract and another water user is ready, willing and able to contract for such
water;

    (5) provisions that water may be withdrawn in any calendar year up to the quantity used
to compute the minimum annual charge under paragraph (2) without additional charge;

    (6) provisions that water may be withdrawn in any calendar year in excess of the quantity
used to compute the minimum annual charge under paragraph (2) but not to exceed the
full amount specified in the contract for each year, upon payment of a charge therefor which
shall be computed at the rate fixed under paragraph (1) for all water actually withdrawn. In
addition, an amount shall be paid, on the unused balance of the water reserved under
contract that calendar year, as interest computed as a rate per annum equal to the average
of interest earned the past calendar year on repurchase agreements of less than 30 days'
duration entered into by the pooled money investment board on the net amount of moneys
advanced from state funds for costs incurred and associated with that portion of the state's
conservation water supply capacity;

    (7) provisions that if the total amount of waters contracted for withdrawal from any
reservoir in any year is greater than the supply available from that reservoir, the director,
subject to approval by the authority, will apportion the available waters among the persons
having contracts therefor as may best provide for the health, safety and general welfare of
the people of this state as determined by the authority, and neither the state nor the authority
shall be responsible or have any legal liability for any insufficiency of water or apportionment
thereof;

    (8) additional provisions that the director finds reasonable and necessary to protect the
public's interest and to achieve the purpose set forth in article 9 of chapter 82a of Kansas
Statutes Annotated, and amendments thereto; and

    (9) additional provisions, within the purview of this act, that the director finds reasonable
and necessary to protect the health, safety and general welfare of the people of this state.

    (b) Every contract entered into under the authority of K.S.A. 82a-1305, and amend-
ments thereto, may provide, if the parties agree, that the beginning of the payment period
be deferred until water is available and whenever, in order to use such water, bonds are
required to be issued or the construction of transmission or treatment facilities is required
as follows: If water is not available at the time of contracting, for a maximum of three years
from the date the water first becomes available, or until actual use of the water commences,
whichever occurs first. If water is available at the time of contracting, the beginning of the
payment period may be deferred to a date three years from the date of the contract, or until
actual use of the water commences, whichever occurs first.

    Sec. 6. K.S.A. 82a-1308a is hereby amended to read as follows: 82a-1308a. (a) On July
15 of each year, effective January 1 of the following year, the director, subject to the approval
of the authority, shall fix the rate provided for in subsection (a) of K.S.A. 82a-1306, and
amendments thereto. The rate fixed shall be equal to the sum of the following components
computed as provided in this section:

    (1) An amount necessary to repay the amortized capital costs associated with the state's
conservation water supply capacity;

    (2) an amount as interest computed at a rate per annum equal to the average rate of
interest earned the preceding of the monthly net earnings rate of the pooled money invest-
ment board for the preceding calendar year on repurchase agreements of less than 30 days'
duration entered into by the pooled money investment board on the net amount of moneys
advanced from the state general fund for payment of the amortized capital costs incurred
and associated with the state's conservation water supply capacity divided by the greater of:
(A) Fifty percent of the total amount of water under each contract from the state's conser-
vation storage water supply capacity in the preceding year; or (B) the total amount of water
withdrawn under each contract from the state's conservation storage water supply capacity
in the preceding year;

    (3) the amount necessary to reimburse the state for the administration and enforcement
of this act based on the actual costs of administration and enforcement in the preceding
year divided by the greater of: (A) Fifty percent of the total amount of water under each
contract from the state's conservation storage water supply capacity in the preceding year;
or (B) the total amount of water withdrawn under each contract from the state's conservation
storage water supply capacity in the preceding year; and

    (4) the amount necessary to repay the operation, maintenance and repair costs associ-
ated with the state's conservation water supply capacity based on the actual costs of oper-
ation, maintenance and repair of the state's conservation water supply capacity in the pre-
ceding year divided by the greater of: (A) Fifty percent of the total amount of water under
each contract from the state's conservation storage water supply capacity in the preceding
year; or (B) the total amount of water withdrawn under each contract from the state's
conservation storage water supply capacity in the preceding year; and

    (5) an amount equal to $.025 as a depreciation reserve cost to be dedicated for the
purposes provided for in K.S.A. 82a-1315b, and amendments thereto.

    (b) In computing such rates, the director shall consider the state's conservation water
supply capacity from all sources as though impounded in one single reservoir. No water
supply capacity of a reservoir shall be considered to be in such capacity until the year in
which the state incurs contract obligations for the project. The rate so fixed for each year
shall be the same for each contract under K.S.A. 82a-1305, and amendments thereto, for
withdrawal from every reservoir. The rate so fixed for each twelve-month period from Jan-
uary 1 to December 31 shall be the same for every contract under K.S.A. 82a-1305, and
amendments thereto.

    Sec. 7. K.S.A. 82a-1315b is hereby amended to read as follows: 82a-1315b. (a) The
director, subject to approval of the authority, shall acquire or develop conservation storage
water supply capacity in impoundments deemed necessary to implement the state water
plan.

    (b) That portion of all moneys received by the state treasurer pursuant to K.S.A. 82a-
1315a, and amendments thereto, which is not attributable to (1) the annual repayment on
water storage costs in federal reservoirs as computed under subsection (a)(1) of K.S.A. 82a-
1308a, and amendments thereto; (2) the operation, maintenance and repair costs associated
with the state's conservation water supply capacity; and (3) the costs in administering and
enforcing the provisions of this act, shall be deposited in the state treasury to the credit of
the state conservation storage water supply fund which is hereby established. The director
shall provide the treasurer with an accounting of the total remittances and shall deposit
money only to the credit of the state conservation storage water supply fund after the full
amount of the costs attributable to the water marketing fund from the preceding calendar
year have been repaid. For purposes of calculating the rate in K.S.A. 82a-1308a, and amend-
ments thereto, effective beginning calendar year 1986, all moneys received pursuant to this
act since 1975 shall be credited for repayment of the components in the following order:
K.S.A. 82a-1308a (1), (4), (3), (2), (5).

    (c) The state conservation storage water supply fund shall serve in part as a savings fund
to further the purpose of this act and the fund shall retain all be credited amounts for interest
earned thereon in accordance with subsection (e). The director may accept or receive mon-
eys from any source, governmental or private, for the purposes for which expenditures may
be made from this fund. The director shall remit all such moneys to the state treasurer at
least monthly. The state treasurer shall deposit same in the state treasury to the credit of
the state conservation storage water supply fund.

    (d) All expenditures from the state conservation storage water supply 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 director of the Kansas water office or by a
person or persons designated by the director and shall be used solely for the purpose of
acquisition or development of conservation storage water supply in impoundments deemed
necessary to implement the state water plan, including expenditures related to the issuance
of revenue bonds for such purposes and nonwater supply benefits associated with such
purposes.

    (e) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the conservation storage water supply fund interest
earnings based on:

    (1) The average daily balance of moneys in the conservation storage water supply fund
for the preceding month; and

    (2) the net earnings rate of the pooled money investment portfolio for the preceding
month.'';

    And by renumbering sections accordingly;

    On page 9, in line 15, before ``82a-1369'', by inserting ``82a-1306, 82a-1308a, 82a-1315b,'';

    In the title, in line 9, by striking ``certain funds'' and inserting ``state moneys''; also in line
9, by striking all after ``interest''; in line 10, by striking ``funds'' and inserting ``earned at the
pooled money investment portfolio rate; amounts credited to certain funds; certain rate
increments based thereon''; also in line 10, before ``82a-1369'', by inserting ``82a-1306, 82a-
1308a, 82a-1315b,''; and the substitute bill be passed as amended.

REPORT ON ENGROSSED BILLS

 SB 462, 474, 543, 545 reported correctly engrossed February 23, 1998.

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 Karr in the chair.

 On motion of Senator Karr the following report was adopted:

 Recommended that SB 470, 480, 488, 514 be passed.

 Also, SB 198, 434, 460, 483, 487, 554 be amended by adoption of the committee
amendments, and the bills be passed as amended.

 SB 236 be amended by motion of Senator Corbin on page 2, in line 35, by striking ``1998''
and inserting ``1999''; in line 36, by striking ``1986'' and inserting ``1987''; in line 42, by
striking ``1986'' and inserting ``1987'';

    On page 3, in line 35, by striking ``1998'' and inserting ``1999''; in line 38, by striking
``1998'' and inserting ``1999''; in line 40, by striking ``1998'' and inserting ``1999'';

    On page 4, in line 2, by striking ``1998'' and inserting ``1999'', and the bill be passed as
amended.

 Sub. SB 424, as amended by adoption of the committee report recommending a substi-
tute bill, be amended by motion of Senator Feleciano on page 1, in line 40, after ``organi-
zations'' by inserting ``, nonprofit dental service corporations'';

    On page 3, in line 3, before ``or'' by inserting ``, nonprofit dental service corporation'',
and the substitute bill be passed as amended.

 SB 250 be amended by adoption of the committee amendments, be further amended by
motion of Senator Langworthy on page 5, in line 3, after ``and'' by inserting ``industrial and
other types of research for the support and sole benefit of an educational institution'', and
the bill be passed as further amended.

 SB 270 be amended by adoption of the committee amendments, be further amended by
motion of Senator Steineger on page 1, in line 15, by striking the comma where it appears
for the last time; in line 16, by striking all after ``drugs''; in line 17, by striking ``vices''; in
line 20, by striking the comma where it appears for the first time and inserting ``or''; also in
line 20, by striking all after ``drugs''; in line 21, by striking ``vices''; by striking all in lines 29
through 32, and the bill be passed as further amended.

 SB 450, 536 be passed over and retain a place on the calendar.

 On motion of Senator Emert the Senate adjourned until 1:15 p.m., Wednesday, February
25, 1998.

HELEN A. MORELAND, Journal Clerk. 
PAT SAVILLE, Secretary of the Senate.