The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Harrington was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
All of these Senators had a reason for wanting to be here.
Of course, there are certain ``perks'' that go with the job.
It is an honor to be a member of a club of only forty in the whole state. It really
is. And the sentorial title has a rich Roman history. And there is a deserved sense of
achievement in getting elected.
But none of these is the real reason. Every one of these people wanted to make
a difference. They expected to contribute something to making Kansas in general,
and their district in particular, a better place to live.
And they have discovered there is a price tag attached:
Many of them are making a financial sacrifice.
Most of them are missing time with families . . . missing ball games and recitals
and plays and concerts involving their children or their grandchildren.
And no one experiences more unwarranted criticism than politicians.
But they know they have a responsibility to the people who sent them here and
to the God Who sustains them.
And now it's Friday again. Which doesn't mean the same to them as it does to
most of us. For soon they will face some hard questions . . . and there will be anger
which is always tough to deal with . . . and there will be a few ``thank yous'' which
help make it worthwhile.
And so, through fatigue and frustration, they keep on doing the best they know
how, because giving up is not an option.
So I pray for them once again, Lord. Keep them safe. Keep them well. Correct
them when they are wrong. Bless them when they are right. And thank You for
continuing to love them . . . wrong or right.
I pray in Jesus' Name,
AMEN
PRESENTATION OF PETITIONS
The following petition was presented, read and filed:
SP 7, by Senator U. L. ``Rip'' Gooch: a petition asking the legislature to use this year's
income windfall to adequately fund classrooms and compensate employees of the state's
public schools, signed by Greg Jones and 1757 other public education employees of Wichita.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: Sub for Sub HB 2649; HB 2742, 2799, 2831, 2933.
Education: HB 2837, 2907.
Elections and Local Government: Sub HB 2654; HB 2685, 2813, 2902.
Energy and Natural Resources: HB 2925.
Financial Institutions & Insurance: SB 681.
Public Health and Welfare: Sub HB 2609.
Transportation and Tourism: HB 2678, 2689, 2782, 2894, 2899.
Ways and Means: HB 2803.
CHANGE OF REFERENCE
The President withdrew SB 598, 599, 615 from the Committee on Ways and Means,
and referred the bills to the Committee on Commerce.
The President withdrew SB 432 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Elections and Local Government.
The President withdrew SB 447 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Education.
The President withdrew SB 668 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Judiciary.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2591; Substitute HB 2662; HB 2692, 2703, 2745, 2789, 2835, 2854, 2867, 2868, 2966; HCR 5043 were thereupon introduced and read by title.
REMOVE FROM FINAL ACTION
Having voted on the prevailing side, Senator Vidricksen moved the Senate reconsider its
action on Thursday, February 26, 1998 and withdraw HB 2618 from the calendar under
the heading of Final Action and return the bill to the calendar under the heading of General
Orders.
The motion carried.
CHANGE OF REFERENCE
The President withdrew HB 2618 from the calendar under the heading of General Or-
ders, and referred the bill to the Committee on Ways and Means.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 430, An act concerning elections; relating to campaign finance; amending K.S.A. 1997
Supp. 25-4143 and 25-4148 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 485, An act concerning the uniform controlled substances act; amending K.S.A. 1997
Supp. 65-4111 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 490, An act concerning finance charges on consumer credit sales; amending K.S.A.
16a-2-401 and K.S.A. 1997 Supp. 16a-1-301, 16a-2-201 and 16a-2-202 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 31, nays 8, present and passing 0; absent or not voting 1.
SB 507, An act concerning the state board of pharmacy; relating to grounds for discipli-
nary actions; concerning civil fines; licensure; amending K.S.A. 65-1627f, 65-1632 and 65-
1645 and K.S.A. 1997 Supp. 65-1627 and 65-1658 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 517, An act concerning jurors; relating to qualifications; juror questionnaires; amend-
ing K.S.A. 43-158 and 43-161 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 530, An act concerning docket fees; relating to disposition thereof; law enforcement
training center fund; amending K.S.A. 20-362 and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 533, An act concerning the sale of medicines and drugs through vending machines;
amending K.S.A. 65-650 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
SB 535, An act concerning emergency medical services; relating to the emergency med-
ical services board; relating to the powers and duties thereof; relating to attendants and the
regulation thereof; amending K.S.A. 65-6102, 65-6127, 65-6129a, 65-6129b, 65-6133 and
65-6135 and K.S.A. 1997 Supp. 65-6110, 65-6111, 65-6112, 65-6119, 65-6120, 65-6121, 65-
6123, 65-6124, 65-6129 and 65-6144 and repealing the existing sections; also repealing
K.S.A. 65-6148 and K.S.A. 1997 Supp. 656149, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Sub SB 573, 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 sections, was considered on final action.
On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1.
SB 577, An act concerning district courts; relating to additional district magistrate posi-
tions; amending K.S.A. 20-355 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 597, An act concerning crimes and criminal procedure; relating to preliminary ex-
amination; victims of domestic violence; amending K.S.A. 22-2902 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 34, nays 5, present and passing 0; absent or not voting 1.
SB 602, An act relating to counties; prohibiting the levy of a severance tax; amending
K.S.A. 1997 Supp. 19-101a and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 31, nays 8, present and passing 0; absent or not voting 1.
Mr. President: It would be in my political best interest to vote ``No'' on SB 602 and
support the Dickinson County Commissioners on the Severance Tax issue concerning rock
quarries in Dickinson County. However, I believe this to be inappropriate long term policy
for the state and would start an endless series of requests for similar legislation from many
counties on many commodities. I sympathize with the need of local government officials
for funds to meet the needs and wants of their constitutes. However, I believe there must
be a better way to achieve this goal.--Don Steffes
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, was con-
sidered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Sub HB 2478, An act relating to state moneys; relating to the interest earned at the
pooled money investment portfolio rate; amounts credited to certain funds; certain rate
increments based thereon; amending K.S.A. 75-2256, 82a-1306, 82a-1308a, 82a-1315b, 82a-
1369 and 82a-1370 and K.S.A. 1997 Supp. 55-192, 65-34,146 and 74-7325 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2512, An act concerning the state library; relating to the state grants-in-aid to libraries
act; amending K.S.A. 75-2534, 75-2556, 752557, 75-2558 and 75-2559 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HCR 5030, A concurrent resolution requiring the Attorney General to bring suit against
the State of Nebraska to enforce the provisions of the Republican River Compact, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Mr. President: Although I abhor lawsuits and the consequent expense, there is a point
in interstate relations where a final resolution is necessary. Kansas has sought through every
mechanism and venue available to gain a workable agreement with the State of Nebraska
regarding water in the Republican River. The only avenue left is the United States Supreme
Court.--Dave Kerr
Senators Corbin, Emert and Hardenburger request the record to show they concur with
the ``Explanation of Vote'' offered by Senator Kerr on HCR 5030.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
A RESOLUTION congratulating and commending Sally Thompson.
WHEREAS, Sally Thompson, Treasurer of the State of Kansas, is resigning to accept
the position of Chief Financial Officer of the U.S. Department of Agriculture. She is sched-
uled to be sworn into her new position in a ceremony on Monday, March 2, 1998, at the
Washington office of the Department of Agriculture; and
WHEREAS, Sally Thompson was elected to her present position in 1990 and was re-
elected in 1994. She supervises a staff of 48 employees and an annual budget of more than
$90 million. Her office oversees a $5 billion municipal bond portfolio and cash management
service of $11 billion annually; and
WHEREAS, As treasurer, Sally Thompson serves on the Pooled Money Investment
Board, the entity that directs the state's investment policies. She serves as a trustee on the
Kansas Public Employees Retirement System Board and is a member of the Surety Bonds
and Insurance Committee. She developed the Municipal Investment Pool, an investment
alternative for local governmental entities that has earned participants more than $150
million combined in interest income since 1993. By updating the state's unclaimed property
laws she returned $13 million in unclaimed property to the rightful owners. She has served
as Secretary/Treasurer of the National Association of State Treasurers, past chair of the
National State Debt Management Network, Treasurer of the Midwest Association of State
Treasurers and member of the Executive Committee for the Council of State Governments;
and
WHEREAS, At age 35 she was graduated magna cum laude from the University of
Colorado with a bachelor's degree in business, accounting and finance. A certified public
accountant, she earlier served as Vice President of Business Planning and Development for
the United Banks of Denver and as the President and Chief Operating Officer of Shawnee
Federal Savings in Topeka. Her community service in Topeka includes service with the
Topeka YWCA, Everywoman's Resource Center, Downtown Topeka and the Topeka Cham-
ber of Commerce; and
WHEREAS, Sally Thompson has three children and three grandchildren and currently
resides in Lawrence: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
her for her service to the state of Kansas and wish her well in her new position; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Sally Thompson, Chief Financial Officer, U.S. Department
of Agriculture, James L. Whitten Building, 14th and Independence Avenue, S.W., Wash-
ington, D.C. 20250.
On emergency motion of Senator Hensley SR 1821 was adopted.
President Bond introduced as guests of the Senate, Kansas State Treasurer, Sally Thomp-
son, and State Treasurer appointee, Clyde Graeber, who will be sworn in to fill the unexpired
term. Pauline Graeber accompanied her husband.
REMARKS BY SENATOR HENSLEY
Today, we are honoring one of the best public servants the people of Kansas have ever
had.
She served the people for seven years as our State Treasurer with great intelligence, charm
and determination. She was ever mindful of her responsibilities in being the keeper of the
peoples' money--and she was very successful in creating the municipal investment pool
which allowed local units of government and state agencies to get a better return on their
taxpayers' dollars.
She always kept fighting for what she believed in. I know that because I worked side-
by-side with her on many issues addressed in this legislature. In fact, I was honored to
defend her because of how tenaciously she defended herself.
She will leave us next week to continue her public service in the U.S. Department of
Agriculture, working for former Kansas Congressman and now Secretary Dan Glickman.
Our state and nation are well served by both of these dedicated Kansans and outstanding
leaders.
Today, in this chamber, Sally Thompson spends her last few moments as State Treasurer
of Kansas. Sally, we honor you, we thank you, and most important, we wish you the greatest
success as you begin yet another chapter in your fabulous public service career.
Senator Goodwin introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1822--
A RESOLUTION congratulating and commending William P. Brooks.
WHEREAS, William P. (Bill) Brooks is retiring on March 6, 1998, after serving the state
of Kansas and those persons with developmental disabilities at the Winfield State Hospital
and Training Center for 41 years; and
WHEREAS, Bill Brooks accepted a job with the Winfield State Hospital and Training
Center on November 4, 1957, as a laundry worker. Subsequently he was promoted to Ther-
apy Aide, Vocational Teacher, Vocational Coordinator, Vocational Training Supervisor, Ad-
ministrative Officer, Social Services Administrator and Special Assistant to the Superinten-
dent. On July 19, 1994, he was appointed as Acting Superintendent and as Superintendent
on January 18, 1995; and
WHEREAS, Bill Brooks has demonstrated great loyalty to his profession and to Winfield
State Hospital and Training Center. He maintained a positive attitude during the turmoil
of the closure of the Winfield State Hospital and Training Center and always kept the focus
of the hospital on the residents to assure they received the best possible care during the
placement process; and
WHEREAS, Bill Brooks was born in Newkirk, Oklahoma, and moved to Winfield in
1953. He and his wife, Sue Jean, have five children, Barry, Leslie, Terryle, William and
Virgil and 13 grandchildren. His community activities include service as a reserve police
officer for 8 1/2 years, and as a coach for girls softball, little league baseball and Pop Warner
flag football. He earlier was named a distinguished outstanding young man of Winfield. His
plans for retirement include working on his new house, yard restoration, reading, traveling
and sports; and
WHEREAS, The citizens of Winfield, Cowley County and the state of Kansas have ben-
efited greatly from Bill Brooks' meritorious service and his advocacy for those with devel-
opmental disabilities: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
William P. Brooks upon his 41 years of faithful service to the Winfield State Hospital and
Training Center and wish him well in his retirement; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Goodwin.
On emergency motion of Senator Goodwin SR 1822 was adopted unanimously.
Senators Lawrence, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harring-
ton, Hensley, Huelskamp, ones, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger
and Vidricksen introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1823--
A RESOLUTION encouraging and supporting the Read Across America program
on March 2, 1998.
WHEREAS, The influence of television and pop culture plus the decline of the family
have led to children not being avid readers; and
WHEREAS, It is important for Kansas parents and schools to find ways to generate new
enthusiasm for reading; and
WHEREAS, The National Education Association and the Kansas National Education
Association are sponsors of a national program called Read Across America, such program
being designed to spark and rekindle children's interest in reading; and
WHEREAS, March 2 has been designated as ``Read Across America Day,'' such day
being the anniversary of Dr. Seuss' birthday; and
WHEREAS, March 2 will be a day dedicated to celebrating the joy of reading: Now,
therefore,
Be it resolved by the Senate of the State of Kansas: That we encourage and support the
initiative of Read Across America; and
Be it further resolved: That all Kansas citizens are encouraged to participate in the
activities of this program and to read to children at school, at the local public library and at
home on March 2; and
Be it further resolved: That the Secretary of the Senate be directed to send two enrolled
copies of this resolution to the Kansas National Education Association, 715 West 10th Av-
enue, Topeka, Kansas 66612.
On emergency motion of Senator Lawrence SR 1823 was adopted unanimously.
Senator Karr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1824--
A RESOLUTION congratulating and commending Coach Ron Slaymaker.
WHEREAS, Ron Slaymaker has retired as the basketball coach at Emporia State Uni-
versity; and
WHEREAS, Coach Slaymaker completed his 28th year as Emporia State University's
head basketball coach on February 21, 1998, with a record of 463 wins and 363 losses.
Coaching honors received by Coach Slaymaker include NAIA National Coach of the Year
(1986), Olympic Selection Committee (1988), USA Basketball Games Committee (1988-
92), District 10 Coach of the Year (1976-77, 1984-85, 1985-86, 1988-89, 1990-91, 1991-92),
Assistant Coach, World University Games (1987), Assistant Coach, US Olympic Festival
(1986). He was inducted into the ESU Athletic Hall of Honor in 1987 and the Kansas
Basketball Coaches Association Hall of Fame in 1997. He also received the first-ever
MO-KAN Quality in Coaching Award from the KC Benchwarmers. He served as the Pres-
ident of the NAIA National Basketball Coaches Association, and he was the head coach of
the first NAIA All American team that was scheduled for international play; and
WHEREAS, Coach Slaymaker, a Peabody native, started his collegiate playing career at
Emporia State University in 1954 as a point guard. He was named as an all conference
player three times and earned honorable mention All-America honors following the 1957-
58 season. He is remembered as a deadly perimeter shooter who had a nearly flawless
(90.9%) free-throw record in 1959-60. Ron Slaymaker coached boys basketball at Roosevelt
High School in Emporia for eight years before returning to Emporia State University in
1968 to be an assistant under Gus Fish. He succeeded Fish in 1970; and
WHEREAS, Coach Slaymaker will be honored at a testimonial dinner on Saturday, April
18, at White Auditorium on the ESU campus; and
WHEREAS, Coach Slaymaker and his wife, Shirley, have two sons, Rocky and Lance.
He underwent surgery for prostate cancer during the 1995-96 season. After making several
speaking engagements on the subject of prostate cancer, he was awarded the 1996 Don
Jones Memorial Courage Award. He will continue at ESU as a faculty member in the
Department of Health, Physical Education and Recreation: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Coach Ron Slaymaker upon the completion of 28 years as the basketball coach at Emporia
State University; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Dr. Ron Slaymaker, Department of Health, Physical Edu-
cation and Recreation, Emporia State University, 1200 Commercial, Emporia, Kansas
66801-5087.
On emergency motion of Senator Karr SR 1824 was adopted unanimously.
REPORT ON ENGROSSED BILLS
SB 465, 489, 490, 507, 517, 533, 535, 536; Sub SB 573 reported correctly engrossed
February 26, 1998.
SB 430 reported correctly engrossed February 27, 1998.
REPORT ON ENROLLED BILLS
SB 256, 476, 477 reported correctly enrolled, properly signed and presented to the
Governor on February 27, 1998.
SR 1822 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 27, 1998.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 5, 298; Sub. SB 402; SB 408, 482, 516, 531, 553, 556, 571, 587, 588; Sub SB 610; SB 640, 657; HB 2637, 2686, 2763 were advanced to Final Action, subject to amend-
ment, debate and roll call.
SB 5, An act concerning state agencies; relating to purchases of and contracts for supplies,
materials, equipment and services; amending K.S.A. 75-3739 and repealing the existing
section, was considered on final action.
The bill was amended by adoption of the committee amendments.
On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1.
SB 298, An act concerning the state board of education; relating to persons applying for
issuance or renewal of certificates; authorizing the state board to receive certain information,
was considered on final action.
The bill was amended by adoption of the committee amendments.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Sub SB 402, An act providing for a feasibility study regarding implementation of a
postsecondary education savings program, as amended by adoption of the committee report
recommending a substitute bill, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 408, An act concerning liens and claims against real or personal property; relating to
expedited process to review and determine validity of such, was considered on final action.
The bill was amended by adoption of the committee amendments.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
SB 482, An act concerning expungement; relating to diversion agreements; arrest records;
violations of city ordinances; amending K.S.A. 22-2911 and K.S.A. 1997 Supp. 12-4516 and
21-4619 and repealing the existing sections; also repealing K.S.A. 1997 Supp. 21-4619b, was
considered on final action.
The bill was amended by adoption of the committee amendments.
An amendment was offered.
On motion of Senator Emert, SB 482 was withdrawn from Final Action and returned to
the calendar under the heading of General Orders.
SB 516, An act concerning crimes, punishment and criminal procedure; relating to con-
servation camps; recovery of costs and expenses in apprehension of escaped defendants;
rewards for capture of escaped inmates; amending K.S.A. 75-5222 and 75-52,127 and K.S.A.
1997 Supp. 21-4603 and 21-4603d and repealing the existing sections, was considered on
final action.
The bill was amended by motion of Senator Emert on page 2, in line 14, by striking ``6''
and inserting ``six'';
On page 5, in line 28, by striking ``6'' and inserting ``six''; in line 29, by striking ``6 month''
and inserting ``six-month'';
On page 6, in line 3, after the semicolon, by inserting ``repay the amount of any costs and
expenses incurred by any law enforcement agency in the apprehension of the defendant, if
one of the current crimes of conviction of the defendant includes escape, as defined in
K.S.A. 21-3809 and amendments thereto or aggravated escape, as defined in K.S.A. 21-3810
and amendments thereto;''; in line 7, after ``any'' by inserting ``such costs and expenses
incurred by a law enforcement agency or any'';
On page 9, in line 4, by striking ``6 months'' and inserting ``six-month''; in line 7, by striking
``180 days'' and inserting ``six months''; after line 14, by inserting a new section as follows:
``Sec. 1. K.S.A. 75-5222 is hereby amended to read as follows: 75-5222. When any an
inmate shall escape escapes from a state correctional institution or the custody of the sec-
retary, it shall be the duty of the secretary to shall take all proper measures for the appre-
hension of said the inmate; and for that purpose he or she. The secretary may offer a reward,
not exceeding five hundred dollars ($500) to exceed $5,000, for the apprehension of such
inmate.'';
And by renumbering sections accordingly;
Also on page 9, in line 31, before ``75-52,127'' by inserting ``75-5222 and'';
On page 1, in the title, in line 10, after the semicolon, by inserting ``recovery of costs and
expenses in apprehension of escaped defendants; rewards for capture of escaped inmates;'';
also in line 10, before ``75-52,127'' by inserting ``75-5222 and'';
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 531, An act concerning credit agreements; relating to actions for legal or equitable
relief or defenses; amending K.S.A. 16-117 and 16-118 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 556, An act concerning legal publications; amending K.S.A. 64-101 and repealing the
existing section, was considered on final action.
The bill was amended by adoption of the committee amendments.
The bill was further amended by motion of Senator Lee on page 1, in line 15, following
``city'' by inserting ``of the first class'';
On page 3, by striking all in line 7 and inserting:
``Sec. 1. K.S.A. 64-101 is hereby repealed.'';
In the title, in line 11, by striking ``; also repealing K.S.A. 12-1651''
The bill was further amended by motion of Senator Steineger on page 2, following line
33, by inserting:
``(d) (1) The governing body of any consolidated city and county created pursuant to
K.S.A. 12-340 et seq., and amendments thereto, shall contract with a newspaper to designate
such newspaper as the official consolidated city and county newspaper. Once designated,
the newspaper shall be the official consolidated city and county newspaper until such time
as the governing body designates a different newspaper.
No legal notice, advertisement or publication of any kind required or provided by any of
the laws of the state of Kansas, to be published in a newspaper shall have any force or effect
as such unless the same is published in a newspaper which:
(A) Is published at least weekly 50 times a year and has been so published for at least
five years prior to the publication of any official consolidated city and county publication;
(B) is entered at the post office of publication as periodical class mail matter; and
(C) has at least 5,000 paid subscriptions on a daily, weekly, monthly or yearly basis and
is not a trade, religious or fraternal publication.
(2) A group of newspapers or a newspaper syndicate having an aggregate of at least
5,000 paid subscriptions on a daily, weekly, monthly or yearly basis and which is not a trade,
religious or fraternal publication may join to submit a bid to be designated as the official
consolidated city and county newspaper if such group of newspapers or newspaper syndicate
meets the requirements of paragraphs (A) and (B) of subsection (d)(1).
(3) Any contract entered pursuant to this subsection shall be awarded on the basis of
competitive bidding to the lowest responsible bidder.
Also on page 2, in line 34, by striking ``(d)'' and inserting ``(e)'' and the bill be passed as
amended.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 571, An act concerning children and juveniles; relating to students with history of
dangerous behavior; school safety and security; disclosure of certain information; amending
K.S.A. 1997 Supp. 38-1502, 38-1507, 38-1602, 38-1608, 38-1618, 72-89b02 and 72-89b03
and repealing the existing sections; also repealing K.S.A. 1997 Supp. 38-1502B, was consid-
ered on final action.
The bill was amended by adoption of the committee amendments.
The bill was further amended by motion of Senator Goodwin on page 3, after line 37, by
inserting the following:
``(h) Any board of education and any member of such board shall not be liable for
damages in a civil action for the actions or omissions of any administrator pursuant to the
requirements and provisions of the Kansas school safety and security act and to this end
such board and such members thereof shall have immunity from civil liability related
thereto.'';
The bill was further amended by motion of Senator Emert on page 1, in line 34, by
striking ``primary,'' and inserting ``elementary and''; in line 35, by striking ``and post second-
ary'';
On page 8, in line 8, by striking ``primary,'' and inserting ``elementary and''; in line 9, by
striking ``and postsecondary'';
On page 13, in line 33, by striking ``primary,'' and inserting ``elementary and''; in line 34,
by striking ``and postsecondary'';
Also, on page 1, by striking all in lines 18 through 23;
And by renumbering sections accordingly;
On page 18, in line 9, by striking ``72-89b01,'';
On page 1, in the title, in line 13, by striking ``72-''; in line 14, by striking ``89b01,'';.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 587, An act concerning criminal procedure; relating to parole, release procedures and
the Kansas parole board; hearings and certain waivers; composition and qualifications of the
board; members pro tem; amending K.S.A. 75-5217 and K.S.A. 1997 Supp. 22-3707, 22-
3709, 22-3713 and 22-3717 and repealing the existing sections, was considered on final
action.
The bill was amended by adoption of the committee amendments.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 588, An act concerning criminal procedure; relating to discovery; expert witness;
amending K.S.A. 1997 Supp. 22-3212 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 30, nays 9, present and passing 0; absent or not voting 1.
Mr. President: I have voted no onSB 588. In my opinion this measure is an incremental
step toward shifting the burden of proof in criminal cases to the defendant. Earlier today
we passed SB 597 limiting the right of confrontation in the preliminary hearing phase of a
felony proceeding.
Under our system of Anglo-American Jurisprudence we have held hallowed the right to
confront our accusers, maintain our innocence and be free from compulsion to incriminate
ourselves. The defendant has not been required to help the state.
I am concerned that we may be embarking upon a course of eroding these rights by
millimeters. Free men sometimes give up their freedom in the name of safety.--Edward
W. Pugh
Sub SB 610, An act concerning intoxicating liquors and beverages; amending K.S.A.
41-102 and 41-308a and repealing the existing sections, as amended by adoption of the
committee report recommending a substitute bill, was considered on final action.
On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1.
SB 640, An act enacting the Kansas drug dealer liability act; amending K.S.A. 60-308
and repealing the existing section, was considered on final action.
The bill was amended by adoption of the committee amendments.
The bill was further amended by motion of Senator Schraad on page 4, in line 21, by
striking ``7'' and inserting ``6'';
On page 5, after line 41, by inserting the following:
``(c) A person who manufactures, distributes or dispenses any controlled substance and
is registered or exempt from registration pursuant to K.S.A. 65-4116 and amendments
thereto or a comparable law in another state or the comprehensive drug abuse prevention
and control act of 1970, public law 91-513, 84 Stat. 1236, codified at 21 U.S.C. § 801, et seq., is not liable under this act unless convicted of a criminal violation of the controlled
substances act, K.S.A. 65-4101 et seq. and amendments thereto or a comparable law in
another state or the comprehensive drug abuse prevention and control act of 1970, public
law 91-513, 84 Stat. 1236, codified at 21 U.S.C. § 801 et seq. Such a conviction is prima
facie evidence of the person's participation in the illegal drug market during the two years
preceding the date of an act giving rise to a conviction.
(d) A person who manufactures, distributes or dispenses drugs which are not controlled
substances and is registered or exempt from registration pursuant to K.S.A. 65-1643 and
amendments thereto or a comparable law in another state or a comparable federal law is
not liable under this act unless convicted of a criminal violation of the controlled substances
act, K.S.A. 65-4101 et seq. and amendments thereto or a comparable law in another state
or the comprehensive drug abuse prevention and control act of 1970, public law 91-513, 84
Stat. 1236, codified at 21 U.S.C § 801 et seq. Such a conviction is prima facie evidence of
the person's participation in the illegal drug market during the two years preceding the date
of an act giving rise to a conviction.
(e) A claim or judgment under the provisions of this act shall not constitute an obligation
or liability against any insurer or third-party payor.``;
On page 6, in line 22, by striking ``(1); in line 23, by striking ``(A)'' and inserting ``(1)''; in
line 28, by striking ``(B)'' and inserting ``(2)''; in line 33, by striking ``(C)'' and inserting ``(3)'';
also in line 33, after ``damages'', by inserting ``, except that notwithstanding the provisions
of K.S.A. 60-3702 and amendments thereto, exemplary damages recovered pursuant to this
act shall not exceed $10,000,000''; in line 34, by striking ``(D)'' and inserting ``(4)''; in line
35, by striking ``(E)'' and inserting ``(5)''; by striking all in lines 37 through 40;
On page 7, by striking all in lines 26 through 28;
And by renumbering sections accordingly;
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2637, An act concerning the changing of the domicile of foreign insurance companies;
amending K.S.A. 1997 Supp. 40-2,162 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2686, An act relating to apportioned fleet registration of certain vehicles; amending
K.S.A. 1997 Supp. 8-1,105 and 8-1,109 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2763, An act concerning real property; relating to the release of a mortgage or deed
of trust; amending K.S.A. 1997 Supp. 58-2333i and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.