The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
You have told us, ``No one can serve two masters. Either he will hate the one and love
the other, or he will be devoted to the one and despise the other. You cannot serve God
and money.'' (Matthew 6:24)
O God, as we deal with large sums of revenue let us not get caught up in a materialistic
spirit so that we paraphrase the Twenty-third Psalm something like this. . . .
The CARD is my shepherd; I shall not want.
It maketh me to lie down in greenbacks: it leadeth me to file big orders.
It restoreth my gold: it leadeth me in the paths of mightiness for my fame's sake.
Yea, though I walk through the valley of the shadow of debt, I will fear no upheaval: for
thou art with me; my CARD and my cash they comfort me.
Thou preparest a table before me with my principal plus interest: thou anointest my
spread with oil wells; my account runneth over.
Surely jewelry and money shall follow me all the days of my life: and I will dwell in the
house of the CARD forever.
Dear Lord, deliver us from this mindset.
I pray in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 679, An act relating to county roads; concerning certain construction and repair
thereon; amending K.S.A. 68-1103 and repealing the existing section, by Committee on
Federal and State Affairs.
SB 680, An act concerning alcoholic beverages; relating to licensure and qualifications
therefor; amending K.S.A. 41-2623 and 41-2703 and repealing the existing sections, by
Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Commerce: SB 678.
Elections and Local Government: HB 2769, 2806.
Public Health and Welfare: Sub. HB 2630; HB 2832; HCR 5042.
CHANGE OF REFERENCE
The Vice-President withdrew SB 591, 604, 647, 669 from the Committee on Education,
and referred the bills to the Committee on Ways and Means.
The Vice-President withdrew SB 448, 616, 667, 671 from the Committee on Judiciary,
and referred the bills to the Committee on Ways and Means.
The Vice-President withdrew SB 108, 420, 433, 541, 603 from the Committee on Ways
and Means, and rereferred the bills to the Committee on Assessment and Taxation.
The Vice-President withdrew SB 677 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Elections and Local Government.
The Vice-President withdrew SB 555 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Commerce.
The Vice-President withdrew SB 502 from the Committee on Utilities, and referred the
bill to the Committee on Ways and Means.
SB 198, An act relating to pharmacists and pharmacies; prescription requirements;
amending K.S.A. 1997 Supp. 65-1637 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.
SB 236, An act concerning boating safety education; providing for an approved course
of instruction; requiring certain persons to obtain a certificate of completion; amending
K.S.A. 32-1102 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent or not voting
0.
SB 250, An act relating to sales taxation; defining educational institution for such pur-
poses; amending K.S.A. 79-3602 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.
Sub. SB 424, An act relating to Kansas insurance coverage for children; duties of the
secretary of social and rehabilitation services, was considered on final action.
On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent or not voting
0.
Mr. President: I am voting ``No'' for this government sponsored health insurance plan
for two reasons.
First, I do not believe it is the state's role to do what parents, private businesses, and
communities do best: that is to look after and care for our children. It is not government's
place to usurp that responsibility and privilege. It is a generally accepted fact that 6 to 10%
of Kansas children are uninsured. However, those children are not going unserved. Our
Kansas hospitals do not refuse treatment, and various religious, civic, and community efforts
have been meeting the needs of those requiring assistance, as they should.
Why are we so concerned about funding children's health issues when the largest group
of uninsured people is the very group of young parents who could purchase health insurance
for their entire family? Sound public policy would leave more of a young family's earnings
in their pocket and give them the ability to make choices and afford that insurance.
Secondly, a government health plan will not serve children well. Government is not a
very efficient means of delivering care. Nevertheless, it appears that we are about to fund
a new entitlement, taking another step toward achieving nationalized health care. In the
name of children we are about to fund this huge program on the backs of the very kids who
will have to carry this debt into their future.--Laurie Bleeker
Senator Brownlee requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Bleeker on Sub. SB 424.
SB 434, An act concerning the health care data governing board; information provided
for health-related studies; amending K.S.A. 1997 Supp. 65-6803 and 65-6805 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.
SB 460, An act concerning corrections; relating to the placement of offenders; amending
K.S.A. 75-5206 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.
SB 470, An act concerning consumer credit code; maximum finance charge on consumer
credit sales; amending K.S.A. 1997 Supp. 16a-2-201 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.
SB 480, An act changing the name of the Kansas commission on governmental standards
and conduct; amending K.S.A. 25-4119a, 25-4119e, 25-4180, 46-246a, 46-253, 46-280, 46-
288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-4143, 25-4145, 25-4152,
25-4181, 25-4186, 46-237 and 46-265 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
SB 483, An act concerning solid waste; authorizing disposal of certain wastes without a
permit; amending K.S.A. 1997 Supp. 65-3407c and repealing the existing section, 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.
Mr. President: SB 483 if passed into law will allow older urban cities such as Kansas
City, Ks to lower the cost of government by lowering the cost of demolition and disposal of
old buildings. Such building demolition waste consists primarily of inert materials as stone
and wood, that are neither harmful nor need be occupying precious and expensive landfill
space. SB 483 eliminates an unnecessary and unfunded mandate that has been inflicted
upon cities for too long.--Chris Steineger
SB 487, An act concerning Kansas Venture Capital, Inc.; providing a means for the
redemption of the state's investment therein; amending K.S.A. 74-8203 and 74-8303 and
K.S.A. 1997 Supp. 74-8205, 74-8206, 74-8304, 74-8307 and 74-8401 and repealing the ex-
isting sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 1; absent or not voting 0.
SB 488, An act relating to nondriver identification cards; amending K.S.A. 1997 Supp.
8-1325 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.
SB 514, An act concerning district attorneys; relating to salary; amending K.S.A. 22a-105
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.
SB 554, An act concerning the Kansas venture capital company act; reauthorizing tax
credits for cash investments in venture capital funds in which the Kansas technology enter-
prise corporation or its subsidiaries is an investor; amending K.S.A. 74-8303 and K.S.A. 1997
Supp. 74-8304 and 74-8401 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 1; absent or not voting 0.
Mr. President: It is perhaps worthwhile to take a moment to note that SB 554 is the
timid legislative residue left from a year of accusations of wrong doing.
There were investigations by the FBI, the KBI and the attorney general. There were
internal audits, external audits and post audits. Most of all there were unsubstantiated in-
nuendos in the Capital City press.
Reputations were besmirched and deals that would have been done were abandoned as
unworkable in the wake of this broad based attempt to ruin people.
It is a sad chapter for which someone should be held accountable, but they won't be. It's
all considered fair game by certain members of the press and those who use them.--Dave
Kerr
REPORTS OF STANDING COMMITTEES
Committee on Education recommends SB 402 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL No. 402,'' as follows:
``Substitute for SENATE BILL No. 402
By Legislative Educational Planning Committee
``AN ACT providing for a feasibility study regarding implementation of a postsecondary
education savings program.''; and the substitute bill be passed.
Committee on Federal and State Affairs recommends SB 610 be amended by sub-
stituting a new bill to be designated as ``Substitute for SENATE BILL No. 610,'' as follows:
``Substitute for SENATE BILL No. 610
By Committee on Federal and State Affairs
``AN ACT concerning intoxicating liquors and beverages; amending K.S.A. 41-102 and 41-
308a and repealing the existing sections.''; and the substitute bill be passed.
Also SB 564 be not passed.
Committee on Judiciary recommends SB 553 be passed.
Also SB 571 be amended on page 2, in line 10, by striking all after ``behavior''; by striking
all in lines 11 and 12; in line 13, by striking ``gerous behavior''; in line 19, by striking all
after ``Administrators'' and inserting ``with knowledge that a student is'';
On page 3, by striking all in lines 37 through 43;
By striking all on page 4;
On page 5, by striking all in lines 1 through 3;
And by renumbering sections accordingly;
Also on page 5, in line 5, by striking ``originally enacted'' and inserting ``in effect on the
effective date of this act'';
On page 8, in line 27, by striking all after ``behavior''; by striking all in lines 28 and 29;
in line 30, by striking ``gerous behavior'';
On page 14, in line 9, by striking all after ``behavior''; by striking all in lines 10 and 11;
in line 12, by striking ``gerous behavior'';
On page 18, in line 8, after ``72-89b02'' by striking the comma and inserting ``and''; also
in line 8, by striking ``and 72-89b04'';
On page 1, in the title, in line 11, by striking ``unlawful acts and penalties therefor;''; in
line 13, after ``72-89b02'' by striking the comma and inserting ``and''; also in line 13, by
striking ``and 72-89b04''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 460, 483, 487 reported correctly engrossed February 24, 1998.
Also SB 256 correctly re-engrossed February 24, 1998.
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 Morris in the chair.
On motion of Senator Morris the following report was adopted:
Recommended that SB 419, 421, 552, 636; HB 2613 be passed.
Also, SB 418, 439, 456, 504, 562 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.
Sub. SB 437, as amended by adoption of the Committee report recommending a sub-
stitute bill, be amended by motion of Senator Praeger on page 1, following line 40, by
inserting the following:
``(i) ''Public agency`` means any state agency or political or taxing subdivision of the state
and those federal departments, agencies or instrumentalities thereof which are not subject
to preemption.'';
Also on page 1, in line 41, by striking ``(i)'' and inserting ``(j)'';
On page 2, in line 14, by striking ``or'' and inserting a comma; also in line 14, by striking
``and'' and inserting a comma; in line 15, before ``requirements,'' by inserting ``project eval-
uations and'';
On page 6, in line 41, after ``entity'' by inserting ``or individual''; and the substitute bill
be passed as amended.
SB 607 be amended by motion of Senator Emert on page 1, after line 13, by inserting
the following new section:
``Section 1. K.S.A. 21-3731 is hereby amended to read as follows: 21-3731. (a) Criminal
use of explosives is the possession, manufacture or transportation of commercial explosives;
chemical compounds that form explosives; incendiary or explosive material, liquid or solid;
detonators; blasting caps; military explosive fuse assemblies; squibs; or electric match or
functional improvised fuse assemblies; or any completed explosive devices commonly known as pipe bombs or molotov cocktails. For purposes of this section, explosives shall not include
class ``c'' fireworks, legally obtained and transferred commercial explosives by licensed in-
dividuals and ammunition and commercially available loading powders and products used
as ammunition.
(b) (1) Criminal use of explosives as defined in subsection (a) is a severity level 8, person
felony.
(2) Criminal use of explosives as defined in subsection (a) if: (A) The possession, man-
ufacture or transportation is intended to be used to commit a crime or is delivered to another
with knowledge that such other intends to use such substance to commit a crime; (B) a
public safety officer is placed at risk to defuse such explosive; or (C) the explosive is intro-
duced into a building in which there is another human being, is a severity level 6, person
felony.'';
Also on page 1, in line 14, by striking ``Section 1'' and inserting ``Sec. 2'';
On page 3, in line 16, by striking ``2.'' and inserting ``3. K.S.A. 21-3731 and''; also in line
16, by striking ``is'' and inserting ``are''; in line 17, by striking ``3'' and inserting ``4'';
On page 1, in the title, in line 9, after ``of '' by inserting ``explosives and criminal use of '';
in line 10, after ``amending'' by inserting ``K.S.A. 21-3731 and''; in line 11, by striking ``sec-
tion'' and inserting ``sections'', and the bill be passed as amended.
SB 129 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Praeger on page 2, in line 33, by striking ``1997 Supp.'';
On page 3, in line 13, by striking ``1997 Supp.'';
On page 4, in line 24, by striking ``1997 Supp.'';
On page 7, in line 42, by striking ``and K.S.A. 1997 Supp.'' and inserting a comma;
In the title, in line 12, by striking ``and K.S.A. 1997 Supp.'' and inserting a comma; in line
14, by striking ``1997 Supp.'', and the bill be passed as further amended.
SB 518 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Oleen on page 3, in line 23, by striking ``49 CFR 455.2 and
49 CFR 455.3'' and inserting ``16 CFR 455.2 and 16 CFR 455.3'', and the bill be passed as
further amended.
SB 561 be amended by adoption of the committee amendments, and the bill be passed
as amended.
The following amendment offered to SB 561 by Senator Tyson was rejected:
I move to amend SB 561, as amended by Senate Committee, on page 1, in line 18, by
striking ``single-family residence,''; by striking all in lines 29 and 30; in line 31, by striking
``(b)'' and inserting:
``Sec. 3. (a)'';
By relettering subsections (b) through (g) as (a) through (f), respectively;
Also on page 1, in line 41, by striking ``structure'' and inserting ``dwelling unit''; in line
42, by striking all after ``The''; by striking all in line 43 and inserting ``occupant of a dwelling
unit shall''.
HB 2289 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Corbin on page 1, following line 18, by inserting the follow-
ing:
``New Section 1. Subject to appropriations acts therefore, Kansas state university of
agriculture and applied science shall establish a research project to study the biology and
control of sericea lespedeza (Lespedeza cuneata). Such project shall be for a period of two
years and shall include basic and applied research as well as working with the agricultural
experiment station and cooperative extension service to utilize demonstration plots and
conduct field days and workshops in regard to controlling and eradicating sericea lespedeza
(Lespedeza cuneata).'';
And by renumbering the remaining sections accordingly;
Also on page 1, in line 19, by striking ``Section'' and inserting ``Sec.''; in line 35, before
``Johnson'' by inserting ``and''; also in line 35, by striking ``and sericea''; in line 36, by striking
all before the period; following line 36, by inserting the section as follows:
``Sec. 3. On and after July 1, 2000, K.S.A. 2-1314, as amended by section 2 of this act,
is hereby amended to read as follows: 2-1314. It shall be the duty of persons, associations
of persons, the secretary of transportation, the boards of county commissioners, the township
boards, school boards, drainage boards, the governing body of incorporated cities, railroad
companies and other transportation companies or corporations or their authorized agents
and those supervising state-owned lands to control the spread of and to eradicate all weeds
declared by legislative action to be noxious on all lands owned or supervised by them and
to use such methods for that purpose and at such times as are approved and adopted by
the department of agriculture. The term noxious weeds shall mean kudzu (Pueraria lobata),
field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress
( Cardaria draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy
spurge (Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseggia densi- flora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense) and sericea lespedeza (Lespedeza cuneata).''
Also on page 1, in line 39, after ``(Rosa multiflora)'' by inserting ``, the sericea lespedeza
(Lespedeza cuneata)''; in line 40, by striking ``both'' and inserting ``any combination thereof '';
On page 2, in line 1, after ``rose'' by inserting ``, the sericea lespedeza''; in line 2, by
striking ``both'' and inserting ``any combination thereof''; in line 5, after ``rose'' by inserting
``, the sericea lespedeza''; in line 6, by striking ``both'' and inserting ``any combination
thereof''; in line 8, after ``rose'' by inserting ``, the sericea lespedeza''; in line 9, by striking
``both'' and inserting ``any combination thereof''; in line 15, after ``rose'' by inserting ``, the
sericea lespedeza''; in line 16, by striking ``both'' and inserting ``any combination thereof'';
in line 20, after ``rose'' by inserting ``, the sericea lespedeza''; in line 21, by striking ``both''
and inserting ``any combination thereof''; following line 21, by inserting the section as fol-
lows:
``Sec. 5. On and after July 1, 2000, K.S.A. 2-1314b, as amended by section 4 of this act,
is hereby amended to read as follows: 2-1314b. (a) The board of county commissioners of
any county may declare the multiflora rose (Rosa multiflora), the sericea lespedeza (Les- pedeza cuneata) or the bull thistle (Cirsium vulgare), or any combination thereof both, to
be a noxious weed within the boundaries of such county. In such event, all of the provisions
of article 13 of chapter 2 of the Kansas Statutes Annotated which pertain to the control and
eradication of noxious weeds shall apply to the control and eradication of the multiflora
rose, the sericea lespedeza or the bull thistle, or any combination thereof both, within any
such county.
(b) If the board of county commissioners of any county does not declare the multiflora
rose, the sericea lespedeza or the bull thistle, or any combination thereof both, to be a
noxious weed within the boundaries of such county, a petition requesting the secretary of
agriculture to declare the multiflora rose, the sericea lespedeza or the bull thistle, or any combination thereof both, to be a noxious weed within the boundaries of such county, signed
by not less than 5% of the qualified electors of the county, may be filed with the county
election officer of the county. Upon receipt of any such petition, the county election officer
shall certify the sufficiency of the petition and submit it to the secretary of agriculture.
Thereupon, the secretary of agriculture may declare the multiflora rose , the sericea lespdeza
or the bull thistle, or any combination thereof both, to be a noxious weed within the bound-
aries of such county. In such event, all of the provisions of article 13 of chapter 2 of the
Kansas Statutes Annotated which pertain to the control and eradication of noxious weeds
shall apply to the control and eradication of the multiflora rose, the sericea lespedeza or the
bull thistle, or any combination thereof both, within any such county.'';
Also on page 2, in line 22, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';
On page 5, in line 41, by striking the comma and inserting ``and''; also in line 41, by
striking ``and 2-1415''; following line 41, by inserting the following:
``Sec. 8. On and after July 1, 2000, K.S.A. 2-1314, as amended by section 2 of this act,
2-1314b, as amended by section 4 of this act, and 2-1415 are hereby repealed.'';
And by renumbering the remaining sections accordingly;
In the title, on page 1, in line 15, after ``2-1314,'' by inserting ``2-1314, as amended by
section 2 of this act,''; in line 16 after ``2-1314b'' by inserting ``, 2-1314b, as amended by
section 4 of this act,''; and the bill be passed as further amended.
SB 450 be passed over and retain a place on the calendar.
CHANGE OF REFERENCE
The Vice-President withdrew SB 450 from the calendar under the heading of General
Orders and referred the bill to the Committee on Ways and Means.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, February
26, 1998.