March 19, 1998


Journal of the Senate


FORTY-SEVENTH DAY
______
Senate Chamber Topeka, Kansas 
Thursday, March 19, 1998--2:30 p.m. 
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-nine senators present.

 Senator Praeger was excused.

 President Bond introduced as guest chaplain, Pastor Jeff Ropp, Community Bible Fel-
lowship, Medicine Lodge, Kansas, who delivered the invocation:

       Our Father in Heaven,

       We thank You for those whom you've placed here in authority to guide and direct.
      Please give them Your wisdom and discernment to do what is right in Your eyes.
      May they have the courage to seek You in all things and bring glory to the name of
      Jesus Christ.

       Help them to conduct themselves with integrity, knowing that they must answer
      to You.

       May all things be said and done for Your honor and for the good of the people.
      In Jesus' name. Amen

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were referred to Committees as indicated:

 Federal and State Affairs: SB 689.

 Transportation and Tourism: HB 2876.

COMMUNICATIONS FROM STATE OFFICERS

KANSAS
Department of Commerce & Housing
March 13, 1998
 Norine Kruse, Director, Travel and Tourism Division, submitted a copy of the Tourism
Strategy For Kansas; Final Report for March 1998.

 The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.

MESSAGE FROM THE HOUSE

 Announcing passage of HB 2982.

 Also, passage of SB 211, 382, 397, 423.

 Passage of SB 298, as amended.

 Adoption of HCR 5049.

 The House accedes to the request of the Senate for a conference on SB 435 and has
appointed Representatives Carmody, Franklin and Garner as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 488 and has
appointed Representatives Hayzlett, Howell and Dillon as conferees on the part of the
House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

 HB 2982; HCR 5049 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

 On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to
House Sub. for Senate Sub. SB 139 and requested a conference committee be appointed.

 The President appointed Senators Vidricksen, Jordan and Gilstrap as a conference com-
mittee on the part of the Senate.

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

 The President appointed Senators Emert, Bond and Goodwin as a conference committee
on the part of the Senate.

motion of Senator Steffes the Senate nonconcurred in the House amendments to SB 462
and requested a conference committee be appointed.

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

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

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

FINAL ACTION ON CONSENT CALENDAR

 HB 2561, 2562, 2635, 2727, 2769, 2787 having appeared on the Consent Calendar
for the required two full legislative days without objection from any member, were consid-
ered on final action.

 HB 2561, An act repealing K.S.A. 13-2701, 13-2702 and 13-2704 through 13-2711; con-
cerning certain cities; relating to certain revenues.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 HB 2562, An act repealing K.S.A. 13-701 through 13-704 and K.S.A. 13-771 through 13-
790; relating to fire departments in certain cities.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 HB 2635, An act concerning debts owed to the state; relating to the state debt setoff
program; amending K.S.A. 75-6202 and repealing the existing section; also repealing K.S.A.
75-6202b.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 HB 2727, An act concerning cities; relating to the general improvement and assessment
law; amending K.S.A. 1997 Supp. 12-6a02 and repealing the existing section.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 HB 2769, An act concerning certain water districts; relating to the powers and duties of
the governing bodies thereof; amending K.S.A. 19-3516 and repealing the existing section.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 HB 2787, An act repealing K.S.A. 19-1214; concerning the register of deeds.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

REMOVE FROM CONSENT CALENDAR

 An objection having been made to HB 2813 appearing on the Consent Calendar, the
Vice-President directed the bill be removed and placed on the calendar under the heading
of General Orders.

REPORTS OF STANDING COMMITTEES

 Committee on Commerce recommends HB 2742, 3005 be passed.

 Committee on Elections and Local Government recommends HB 2838, as amended
by House Committee, be passed.

 Committee on Financial Institutions and Insurance recommends HB 2636 be
amended on page 3, following line 39, by inserting two sections as follows:

    ``New Sec. 2. Any individual or group health insurance policy, medical service plan,
contract, hospital service corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance organization which provides cov-
erage for accident and health services and which is delivered, issued for delivery, amended
or renewed on or after July 1, 1998, also, shall provide coverage for prostate cancer screening
for men 40 years of age or over who are symptomatic or in a high-risk category and for all
men 50 years of age or older. The screening shall consist, at a minimum, of a prostate-
specific antigen blood test and a digital rectal examination. A policy, provision, contract,
plan or agreement may apply to prostate cancer screening the same deductibles, coinsurance
and other limitations as apply to other covered services.

    Sec. 3. K.S.A. 1997 Supp. 40-19c09 is hereby amended to read as follows: 40-19c09.
(a) Corporations organized under the nonprofit medical and hospital service corporation act
shall be subject to the provisions of the Kansas general corporation code, articles 60 to 74,
inclusive, of chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit corpora-
tions, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223,
40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248,
40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104,
40-2,105, 40-2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215 to 40-
2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254,
40-2401 to 40-2421, inclusive, and 40-3301 to 40-3313, inclusive, K.S.A. 1997 Supp. 40-
2,153, 40-2,154, 40-2,160 and 40-2,161, and amendments thereto, and section 2, except as
the context otherwise requires, and shall not be subject to any other provisions of the in-
surance code except as expressly provided in this act.

    (b) No policy, agreement, contract or certificate issued by a corporation to which this
section applies shall contain a provision which excludes, limits or otherwise restricts coverage
because medicaid benefits as permitted by title XIX of the social security act of 1965 are or
may be available for the same accident or illness.

    (c) Violation of subsection (b) shall be subject to the penalties prescribed by K.S.A. 40-
2407 and 40-2411, and amendments thereto.

    (d) The provisions of this act shall not apply to any medicare supplement policy of
insurance, as defined by the commissioner of insurance by rule and regulation, any policy
of long-term care insurance, as defined by K.S.A. 40-2227 and amendments thereto, any
specified accident coverage or any accident only coverage as defined by the commissioner
of insurance by rule and regulation whether written on a group, blanket or individual basis.'';

    And by renumbering sections accordingly;

    Also on page 3, in line 40, by striking ``is'' and inserting ``, 40-1909 and 40-19c09 are'';

    In the title, in line 9, after ``concerning'', by inserting ``insurance; accident and health
insurance;''; also in line 9, after ``40-221a'', by inserting ``and 40-19c09''; in line 10, by striking
``section'' and inserting ``sections; also repealing K.S.A. 1997 Supp. 40-1909''; and the bill
be passed as amended.

 Committee on Public Health and Welfare recommends HB 2408, as amended by
House Committee, be passed.

 Committee on Ways and Means recommends SB 501 be passed.

COMMITTEE OF THE WHOLE

 On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of General Orders with
Senator Ranson in the chair.

 On motion of Senator Ranson the following report was adopted:

 Recommended SB 611 be passed.

 Also, the committee report on SB 574, recommending a Sub. SB 574 be adopted, and
the substitute bill be passed.

 The committee report on SB 682, recommending a Sub. SB 682 be adopted, and the
substitute bill be passed.

 SB 593 be amended by adoption of the committee amendments, and the bill be passed
as amended.

 SB 426 be amended by motion of Senator Kerr on page 1, in line 15, before ``actuaries''
by inserting ``two'', and the bill be passed as amended.

 SB 679 be amended by motion of Senator Huelskamp on page 2, following line 21, by
inserting:

    ``Sec. 2. K.S.A. 19-1432 is hereby amended to read as follows: 19-1432. The surveyor
shall upon receipt of such notice, without unnecessary delay, Upon receipt of notice pursuant
to K.S.A. 19-1430, and amendments thereto, that a cornerstone or monument projects above
the usual grade of a roadbed, the surveyor shall notify the governing body having jurisdiction
over such road. The governing body for township roads shall be the township board. The
governing body of county roads shall be the board of county commissioners. The governing
body of state and federal roads shall be the Kansas department of transportation. If the
appropriate governing body determines the cornerstone or monument needs to be reset, the
surveyor shall proceed to reset such cornerstone or monument and set at least two (2)
witness monuments, in a manner calculated to permanently preserve and mark the proper
location of said the cornerstone or monument, and. The surveyor shall record such pro-
ceedings, together with a substantial description of the cornerstone or monument, and the
witness monuments, with distances and courses to same, in the manner provided by the law
of permanent surveys. It shall not be necessary to notify any interested parties. If the gov-
erning body determines a cornerstone or monument which projects above the usual grade
of a roadbed needs to be reset, the cost of resetting cornerstones or monuments on township
roads shall be paid from township road funds, on county roads from county road funds, state
and federal roads from the state highway fund; and. The cost of resetting cornerstones or
monuments on property of persons, firms or corporations the costs shall be paid by the
parties for whom the service is performed.

    Nothing in this section shall be construed as prohibiting the resetting of cornerstones or
monuments by any land surveyor during the course of a survey paid for by the landowner
requesting such survey.'';

    By renumbering sections accordingly;

    Also on page 2, in line 22, by striking ``68-1103 is'' and inserting ``19-1432 and 68-1103
are'';

    In the title, by striking all in lines 9, 10 and 11 and inserting:

    ``AN ACT concerning counties; relating to roads, bridges, culverts and cornerstones;
amending K.S.A. 19-1432 and 68-1103 and repealing the existing sections.'', and the bill be
passed as amended.

 SB 450 be amended by adoption of the committee amendments, the bill be further
amended by motion of Senator Oleen on page 1, in line 29, before the semicolon, by
inserting ``. The provisions of this section shall not apply to unclassified employees of state
institutions under the control and supervision of the state board of regents'', and the bill be
passed as further amended.

 SB 615 be amended by adoption of the committee amendments, and the bill be passed
as amended.

 Senator Harrington moved to amend SB 615 on page 2, in line 20, after the period by
inserting ``For purposes of defining mental or emotional abuse or neglect pursuant to the
code, in order to find that a child is a child in need of care pursuant to the code based upon
a finding that the child has been mentally or emotionally abused, the court must include a
finding that the child was physically or sexually abused in addition to the finding of mental
or emotional abuse.''

 Upon the showing of five hands a roll call vote was requested.

    On roll call, the vote was: Yeas 14, nays 25, present and passing 0; absent or not voting
1.

    Yeas: Bleeker, Brownlee, Clark, Donovan, Hardenburger, Harrington, Huelskamp, Jor-
dan, Lawrence, Pugh, Salmans, Schraad, Tyson, Umbarger.

    Nays: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hensley, Jones, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Ranson, Sal-
isbury, Steffes, Steineger, Vidricksen.

    Absent or not voting: Praeger.

    The motion failed and the amendment was rejected.

 SB 667 be amended by adoption of the committee amendments, the bill be further
amended by motion of Senator Emert on page 4, by striking all in lines 26 through 28; in
line 30, by striking ``(g)'' and inserting ``(f)''; in line 31, by striking ``less than 24 grams of'';
in line 33, by striking ``over the counter'' and inserting ``with or''; in line 35, after ``there-
under'', by inserting ``, except for the sale at retail of more than 24 grams of any product
containing a regulated chemical in a single transaction'', and the bill be passed as further
amended.

 SB 671 be amended by adoption of the committee amendments, the bill be further
amended by motion of Senator Schraad on page 6, in line 4, by striking ``attorney''; in line
5, by striking ``general's designee'' and inserting ``prosecuting attorney in the county where
the person was convicted''; in line 7, by striking ``attorney general's designee'' and inserting
``prosecuting attorney in the county where the person was convicted''; in line 28, by striking
``attorney general's''; in line 29, by striking ``designee'' and inserting ``prosecuting attorney
in the county where the person was convicted'';

    On page 7, in line 36, by striking ``attorney general's des-''; in line 37, by striking ``ignee''
and inserting ``prosecuting attorney in the county where the person was convicted'';

    On page 8, in line 2, after ``general'' by inserting ``or the prosecuting attorney in the
county where the person was convicted''; in line 39, after ``eral'' by inserting ``or the pros-
ecuting attorney in the county where the person was convicted'';

    On page 9, in line 2, after ``general'' by inserting ``or the prosecuting attorney in the
county where the person was convicted'';

    On page 10, in line 37, after ``eral'' by inserting ``or the prosecuting attorney in the county
where the person was convicted''; in line 41, after ``general'' by inserting ``or the prosecuting
attorney in the county where the person was convicted'';

    On page 11, in lines 21, 26, 32 and 33, after ``general'' by inserting ``or the prosecuting
attorney in the county where the person was convicted'';

    On page 12, in lines 22 and 23, after ``general'' by inserting ``or the prosecuting attorney
in the county where the person was convicted'';

    On page 13, in lines 16, 21 and 39, after ``general'' by inserting ``or the prosecuting
attorney in the county where the person was convicted'';

    On page 14, in lines 1, 7 and 8, after ``general'' by inserting ``or the prosecuting attorney
in the county where the person was convicted'';

    On page 15, in lines 1, 6, 26, 29, 30 and 33, after ``general'' by inserting ``or the prosecuting
attorney in the county where the person was convicted'';

    On page 16, in lines 13 and 14, after ``general'' by inserting ``or the prosecuting attorney
in the county where the person was convicted'';

    On page 17, in line 4, after ``general'' by inserting ``or the prosecuting attorney in the
county where the person was convicted'';

    On page 1, in the title, in line 11, after ``general'' by inserting ``, prosecuting attorney''



  





March 19, 1998


 The bill be further amended by motion of Senator Emert on page 5, in line 34, by striking
``(c)'' and inserting ``(e)'', and the bill be passed as further amended.

 HB 2820 be amended by adoption of the committee amendments, the bill be further
amended by motion of Senator Petty on page 17, after line 37, by inserting the following
section:

    ``New Sec. 11. (a) The purpose of this section is to provide stability in the life of a child
who must be removed from the home of a parent or parents, in those particular situations
in which the child's parent or parents have voluntarily relinquished their parental rights and
in which the court approved case plan provides: (1) That the child will be or is placed in an
identified preadoptive home; and (2) that continued contact with the relinquishing parent
or parents is in the best interests of the child, while recognizing that the relinquishing parent
or parents are unable, by reason of conduct or condition, to care properly for a child and
the conduct or condition is unlikely to change in the foreseeable future. This section also
acknowledges that time perception of a child differs from that of an adult and that the
ongoing physical, mental and emotional needs of the child are decisive considerations in
proceeding under this section. The primary goal for all children whose parent or parents
have voluntarily relinquished their parental rights is placement in a permanent family setting.

    (b) When a child's parent or parents have voluntarily and conditionally consented to an
adoption or have voluntarily and conditionally relinquished their parental rights to the sec-
retary of social and rehabilitation services pursuant to this section, the court shall enter an
order granting custody of the child to the proposed adoptive parents, pursuant to the fol-
lowing: (1) The court shall on the record inform the relinquishing parent or parents of the
consequences of a conditional consent to adoption or a conditional relinquishment, and shall
make a finding regarding the voluntariness of the conditional consent to adoption or con-
ditional relinquishment.

    (2) The relinquishing parent or parents and the proposed adoptive parents, and the
child, if over 14 years of age and of sound intellect, have agreed, in either a separate written
agreement, signed by all interested parties, which is to be submitted to the guardian ad
litem and the court at least 14 days prior to the hearing, or in a court approved case plan,
to oral or written communication, or both, between the child and the relinquishing parent
or parents, or contact between the child and relatives of the relinquishing parent or parents.
The communication may also include exchange of information or visitation between the
relinquishing parent or parents or their relatives, or both, and the adoptive parents, or
visitation between the relinquishing parent or parents, their relatives, or both, and the child.
The guardian ad litem shall have the opportunity to state objections or recommendations
to the court within seven calendar days from receipt of the proposed agreement. In making
any determination regarding communication agreements as provided in this subsection, the
court shall make such determination which is in the best interests of the child.

    (3) Every agreement of case plan entered into pursuant to provisions of this section
shall contain a clause stating that the parties agree to the continuing jurisdiction of the court
and that any disagreement or litigation regarding the terms of the agreement after the entry
of the decree of adoption shall not be grounds for setting aside an adoption decree or for
the revocation of the voluntary relinquishment of parental rights or written consent to the
adoption after the court has accepted the voluntary relinquishment or consent, or both.

    (4) On approval by the court, the terms of the case plan or open adoption agreement
shall be incorporated into the decree of adoption.

    (5) The court shall retain jurisdiction after the decree of adoption is entered for purposes
of hearing motions brought to enforce or modify an agreement entered into pursuant to the
provisions of this section. The terms of the adoption decree may be enforced by motions
based on the decree of adoption. The prevailing party in that action may be awarded, as
part of the costs of the action, a reasonable amount to be fixed by the court as attorney fees.

    (6) The court shall not modify an agreed order unless it finds that modification is nec-
essary to serve the best interests of the child, and that: (A) The modification is agreed to by
the relinquishing parent or parents and the adoptive parents and the child, if the child is
over 14 years of age and of sound intellect; or (B) exceptional circumstances have arisen
since the agreed order was entered that justify modification of the order. When the parties
are not in agreement regarding a proposed modification, the court shall not hear a contested
motion under this section unless it finds that the parties have made a good faith effort to
mediate the contested issues. If the child is over 14 years of age and of sound intellect, the
child shall also participate in the mediation if such child desires to do so. If the court
determines that a guardian ad litem should be appointed under this subsection, the guardian
ad litem shall conduct an independent investigation of the basis for the proposed modifi-
cation and shall prepare recommendations to the court. The costs of the guardian ad litem
shall be assessed by the court.

    (7) All interested parties shall agree that the court granting the adoption shall retain
jurisdiction of the case until the child reaches majority, and this agreement shall be made
part of the order of the court.

    (c) The provisions of this section shall be part of and supplemental to the Kansas code
for care of children.``;

    And by renumbering sections accordingly;

    On page 1, in the title, in line 14, after the semicolon, by inserting ``post-termination
dispositional alternatives following voluntary relinquishment of parental rights;'', and the bill
be passed as further amended.

 The following amendment offered to HB 2820 by Senator Karr was rejected:

 On page 17, following line 37, by inserting two new sections as follows:

    ``Sec. 11. K.S.A. 38-129 is hereby amended to read as follows: 38-129. (a) The district
court may grant the grandparents of an unmarried minor child reasonable visitation rights
to the child during the child's minority upon a finding that the visitation rights would be in
the child's best interests and when a substantial relationship between the child and the
grandparent has been established.

    (b) The district court may grant the parents of a deceased person grandparents visitation
rights, or may enforce visitation rights previously granted, pursuant to this section, even if
the surviving parent has remarried and the surviving parent's spouse has adopted the child.
Visitation rights may be granted pursuant to this subsection without regard to whether the
adoption of the child occurred before or after the effective date of this act. to a child, even
if the parental rights of the child's parents were terminated and such child was subsequently
adopted, upon a finding that such visitation rights would be in the best interests of the child
and when a substantial relationship between the child and grandparents has been estab-
lished.

    Sec. 12. K.S.A. 59-2118 is hereby amended to read as follows: 59-2118. (a) Any person
adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall
assume the surname of the petitioner or petitioners for adoption, except that the court in
its discretion may permit a different surname when requested by the petitioner or petition-
ers. When requested by the petitioner or petitioners, the court, in its discretion, may change
the given name or names of the person adopted.

    (b) When adopted, a person shall be entitled to the same personal and property rights
as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all
the rights of a birth parent and be subject to all the liabilities of that relationship. Upon
adoption, all the rights of birth parents to the adopted person, including their right to inherit
from or through the person, shall cease, except the rights of a birth parent who is the spouse
of the adopting parent and the rights of grandparents as provided in K.S.A. 59-2118 and
amendments thereto. An adoption shall not terminate the right of the child to inherit from
or through the birth parent.'';

    By renumbering sections 11 and 12 as sections 13 and 14, respectively;

    Also on page 17, in line 38, after ``K.S.A.'', by inserting ``38-129,''; also in line 38, after
``38-1581'', by inserting ``, 59-2118'';

    In the title, in line 14, after the semicolon, by inserting ``relating to visitation rights of
grandparents;''; in line 15, before ``38-1561'', by inserting ``38-129,''; also in line 15, after
``38-1581'', by inserting ``, 59-2118''

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

 On motion of Senator Emert an emergency was declared by a 2
3/ constitutional majority,
and SB 426, 450; Sub. SB 574; SB 593, 611, 615, 667, 671, 679; Sub. SB 682; HB
2820, were advanced to Final Action and roll call.

 SB 426, An act concerning employees of the department of insurance; salaries; amending
K.S.A. 40-110 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.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 SB 450, An act concerning certain state officers and employees; relating to governmental
ethics; amending K.S.A. 1997 Supp. 46-237a and repealing the existing section, was consid-
ered on final action.

    On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1.

    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, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Brownlee, Donovan.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 Sub. SB 574, An act concerning banks and trust companies; powers of bank commis-
sioner; amending K.S.A. 1997 Supp. 9-1715 and repealing the existing section, was consid-
ered on final action.

    On roll call, the vote was: Yeas 32, nays 7, present and passing 0; absent or not voting 1.

    Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Ranson, Salisbury, Schraad, Steffes, Stei-
neger, Vidricksen.

    Nays: Bleeker, Donovan, Huelskamp, Pugh, Salmans, Tyson, Umbarger.

    Absent or not voting: Praeger.

    The substitute bill passed.

 SB 593, An act concerning the vehicle dealers and manufacturers licensing act; relating
to denial, suspension or revocation of license; prohibited acts; amending K.S.A. 8-2416 and
K.S.A. 1997 Supp. 8-2410 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.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 SB 611, An act relating to the transfer of certain property on grounds formerly called
``Schilling Air Force Base,'' Salina, Kansas, to the occupational center of central Kansas,
inc., Salina, Kansas, was considered on final action.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed.

 SB 615, An act concerning the Kansas code for care of children; relating to definitions;
reporting requirements; violations of orders; amending K.S.A. 38-1568 and K.S.A. 1997
Supp. 38-1502 and 38-1522 and repealing the existing sections; also repealing K.S.A. 1997
Supp. 38-1502b, was considered on final action.

    On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1.

    Yeas: Barone, Becker, Biggs, Bond, Clark, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Bleeker, Brownlee.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 SB 667, An act enacting the Kansas chemical control act, was considered on final action.

    On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.

    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, Ran-
son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Pugh.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 SB 671, An act concerning the civil commitment of sexually violent predators; relating
to duties of attorney general, prosecuting attorney and the multidisciplinary team; proce-
dure; transitional and conditional release; amending K.S.A. 59-29a01, 59-29a09, 59-29a11,
59-29a12 and 59-29a13 and K.S.A. 1997 Supp. 59-29a02, 59-29a03, 59-29a04, 59-29a05,
59-29a06, 59-29a07, 59-29a08 and 59-29a10 and repealing the existing sections, 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.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 SB 679, An Act concerning counties; relating to roads, bridges, culverts and cornerstones;
amending K.S.A. 19-1432 and 68-1103 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.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 Sub. SB 682, An act concerning juveniles; amending K.S.A. 75-2935, 75-4362 and 75-
7024 and K.S.A. 1997 Supp. 38-1602, 38-1604, 38-1636, 38-1663, 38-1663, as amended by
section 5 of this act, 38-1691, 38-16,111, 38-16,129, 65-6001 and 65-6008 and repealing the
existing sections; also repealing K.S.A. 1996 Supp. 38-1663 as amended by section 64 of
chapter 156 of the 1997 Session Laws of Kansas, was considered on final action.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The substitute bill passed.

 HB 2820, An act concerning children; relating to children in need of care; termination
of parental rights; post-termination dispositional alternatives following voluntary relinquish-
ment of parental rights; amending K.S.A. 38-1561, 38-1581 and 59-2132 and K.S.A. 1997
Supp. 38-1502, 38-1562, 38-1563, 38-1565, 38-1582, 38-1583 and 38-1585 and repealing
the existing sections; also repealing K.S.A. 1997 Supp. 38-1502b, was considered on final
action.

    On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

    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, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Absent or not voting: Praeger.

    The bill passed, as amended.

 On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 20,
1998.

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