March 16, 1998


Journal of the Senate


FORTY-FOURTH DAY
______
Senate Chamber Topeka, Kansas 
Monday, March 16, 1998--2:30 p.m. 
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 President Bond introduced as guest chaplain, E. Cecil Stinemetz, Pastor, Hodgeman
Community Church, Burdett, Kansas, who delivered the invocation:

       Our Heavenly Father,

       Thank you for giving us another day to live on this earth that you have created for
      us. Thank you for this opportunity to come before this body to ask you to guide each
      man and woman here as they lead the great State of Kansas.

       For as Paul says in Romans 13: ``let every soul be subject unto the higher powers.
      For there is no power but of God: the powers that be are ordained of God.'' There-
      fore Lord, give us the capacity to follow these Senators who are put here to lead us.
      Remind them of the responsibility that You have given them as leaders. I ask you to
      give them the wisdom to lead us. I ask you to give them the desire to ask You for
      guidance before they make each decision. For we can see only a short distance ahead
      of us while You can see not only the whole world, but You also know what will
      happen tomorrow or a hundred years from now.

       As this body leads us, remind them also of what Paul tells us. ``  Thou shalt not
      commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false
      witness, Thou shalt not covet; and if there be any other commandment, it is briefly
      comprehended in this saying, namely, thou shalt love thy neighbor as thyself.''

       I want to thank you, Lord, for the freedom that we enjoy in this country. For the
      many blessings that we have. For the prosperity that we have. And let us not forget
      that You can not continue to bless a people that refuses to obey the laws that you
      have established from the beginning of time.

       Thank you Lord for each one of these Senators. Lead them as they lead us.

     
For it is in Jesus' name I pray, Amen.
MESSAGE FROM THE HOUSE

 Announcing passage of Substitute HB 2704, Substitute HB 2950; HB 3005.

 Adoption of HCR 5034.

 Also, passage of SB 472, 473.

 The House nonconcurs in Senate amendments to HB 2249, requests a conference and
has appointed Reps. Phill Kline, Powell and Larkin as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on SB 67 and has
appointed Reps. Carmody, Presta and Garner as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on SB 404 and has
appointed Reps. Carmody, Presta and Garner as conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

 Substitute HB 2704, Substitute HB 2950; HB 3005; HCR 5034 were thereupon
introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

 On motion of Senator Salisbury the Senate nonconcurred in the House amendments to
SB 416 and requested a conference committee be appointed.

 The President appointed Senators Salisbury, Steffes and Barone as a conference com-
mittee on the part of the Senate.

ORIGINAL MOTION

 On motion of Senator Langworthy, the Senate acceded to the request of the House for
a conference on HB 2249.

 The President appointed Senators Langworthy, Corbin and Lee as conferees on the part
of the Senate.

REPORTS OF STANDING COMMITTEES

 Committee on Commerce recommends HB 2590, as amended by House Committee,
be amended on page 1, in line 20, by striking ``of  '' the second time it appears and inserting
``a''; in line 26, by striking ``25,000'' and inserting ``40,000'';

    On page 9, in line 36, by striking ``11.'' and inserting ``12.''; and the bill be passed as
amended.

 Committee on Education recommends HB 2907, as amended by House Committee
of the Whole, be not passed.

 Committee on Energy and Natural Resources recommends HB 2783 be passed.

 Committee on Judiciary recommends HB 2676 be passed.

 Also SB 615 be amended on page 4, in line 17, by striking ``within'' and by inserting
``promptly, but in no case more than''; also in line 17, after ``hours'' by inserting ``after having
reason to suspect the child has been injured,''; in line 31, by striking ``persons providing
direct services to children through a contract''; in line 32, by striking ``with the state de-
partment of social and rehabilitation services;'' and the bill be passed as amended.

 SB 671 be amended on page 1, by striking all in lines 17 through 20;

    And by renumbering sections accordingly;

    On page 4, in line 12, by striking ``and'' and inserting a comma; in line 13, after ``team''
by inserting ``and the prosecuting attorney where the person was convicted'';

    On page 5, in line 7, before ``and'' by inserting ``, members of the prosecutor's review
committee appointed as provided in subsection (c)''; in line 22, after ``general'' by inserting
``and the prosecuting attorney where the person was convicted''; after line 29, by inserting
a new paragraph as follows:

    ``(c) The attorney general shall appoint a prosecutor's review committee to review the
records of each person referred to the attorney general pursuant to subsection (a). The
prosecutor's review committee shall assist the attorney general in the determination of
whether or not the person meets the definition of a sexually violent predator. The assessment
of the multidisciplinary team shall be made available to the attorney general and the pros-
ecutor's review committee.''; in line 35, after ``general'' by inserting ``or the attorney general's
designee''; in line 37, after ``general'' by inserting ``or the attorney general's designee'';

    On page 6, in line 15, after ``general'' by inserting ``or the attorney general's designee'';

    On page 7, in line 23, after ``general'' by inserting ``or the attorney general's designee'';
in line 37, by striking ``by clear and convincing evidence'' and inserting ``beyond a reasonable
doubt''; in line 40, by striking ``must be reached by at least 3/4''; in line 41, by striking ``of
the jurors'' and inserting ``shall be by unanimous verdict of such jury'' and the bill be passed
as amended.

 Committee on Transportation and Tourism recommends HB 2621, as amended by
House Committee, be passed.

 Committee on Ways and Means recommends HB 2970 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

 Also HB 2792 be amended on page 2, in line 6, by striking ``July'' and inserting ``May'';
also in line 6, by striking ``Decem-''; in line 7, by striking ``ber'' and inserting ``October'';
and the bill be passed as amended.

REPORT ON ENGROSSED BILLS

 SB 444, 482, 541, 672 reported correctly engrossed March 13, 1998.

REPORT ON ENROLLED BILLS

 SB 111, 122, 410, 429 reported correctly enrolled, properly signed and presented to the
Governor on March 13, 1998.

 SCR 1616 reported correctly enrolled, properly signed and presented to the Secretary
of State on March 13, 1998.

 On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 17,
1998.

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