March 26, 1998






Journal of the Senate


FIFTY-SECOND DAY
______
Senate Chamber Topeka, Kansas 
Thursday, March 26, 1998--9:30 a.m. 
 The Senate was called to order by Vice-President Alicia Salisbury.

 The roll was called with forty senators present.

 Vice-President Salisbury introduced guest chaplain, Matthew Umbarger, son of Senator
Dwayne and Toni Umbarger, student at Ozark Christian College, Joplin, Missouri, who
delivered the invocation:

       O God of Abraham, Isaac and Jacob, Creator of heaven and earth, and all that is
      in them, may your name be a holy thing in this chamber today. Help us to replace
      our plans, motives and desires with yours.

       Lord, you know the needs of every heart here, and we trust that you will meet
      those needs. We acknowledge that our greatest need this morning and every morning
      is to be made into new creatures. Have mercy on us, O God. We take refuge in the
      shadow of your wings, because we are unable to escape the sin that so easily entangles
      us. We don't love you half enough, Lord, and we ask you now to help us love you
      more. And help us to love those around us. When we become selfish and prideful,
      humble us so that we can be servants to all, especially the weak and lowly.

       We trust that if we allow you to guide us, you won't lead us astray. Deliver us
      from blind guides and false teachers. We know that in the end, everything works out
      for your glory, and that helps us to accept the things that don't make sense.

       We come to you this morning by the blood of Him who bore our sin, your Son,
      Jesus Christ, Amen.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were referred to Committees as indicated:

 Assessment and Taxation: HB 2995; 3016.

 Federal and State Affairs: SB 692; HB 2999.

CHANGE OF REFERENCE
 The Vice-President withdrew Sub. HB 2662 from the calendar under the heading of
General Orders, and referred the bill to the Committee on Ways and Means.

 The Vice-President withdrew Sub. HB 2609; HB 2622, 2669 from the Committee on
Public Health and Welfare, and referred the bills to the Committee on Ways and Means.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2602; Substitute HB 2793; HB 2828.

 Passage of SB 505.

 Also, passage of SB 469, as amended, 493, as amended, 510, as amended.

 The House nonconcurs in Senate amendments to HB 2126, requests a conference and
has appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.

 The House nonconcurs in Senate amendments to HB 2534, requests a conference and
has appointed Representatives Phil Kline, Farmer and Helgerson as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2626, requests a conference and
has appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.

 The House adopts the conference committee report on HB 2289.

 The House adopts the conference committee report on SB 9.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2602; Substitute HB 2793; HB 2828 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 493 and requested a conference committee be appointed.

 The President appointed Senators Langworthy, Corbin and Lee as a conference com-
mittee on the part of the Senate.

ORIGINAL MOTION
 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2126.

 The President appointed Senators Emert, Schraad and Goodwin as conferees on the part
of the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2626.

 The President appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Judiciary recommends HB 2233, as amended by House Committee,
be amended on page 2, after line 2, by inserting the following new section:

    ``Sec. 3. K.S.A. 20-362 is hereby amended to read as follows: 20-362. The clerk of the
district court shall remit at least monthly all revenues received from docket fees as follows:

    (a) To the county treasurer, for deposit in the county treasury and credit to the county
general fund:

    (1) A sum equal to $10 for each docket fee paid pursuant to K.S.A. 60-2001 and 60-
3005, and amendments thereto, during the preceding calendar month;

    (2) a sum equal to $10 for each $36.50 or $61.50 docket fee paid pursuant to K.S.A.
61-2501, 61-2704 or 61-2709, and amendments thereto; and

    (3) a sum equal to $5 for each $16.50 docket fee paid pursuant to K.S.A. 61-2501 or
61-2704, and amendments thereto, during the preceding calendar month.

    (b) To the board of trustees of the county law library fund, for deposit in the fund, a
sum equal to the library fees paid during the preceding calendar month for cases filed in
the county.

    (c) To the county treasurer, for deposit in the county treasury and credit to the prose-
cuting attorneys' training fund, a sum equal to $1 for each docket fee paid pursuant to K.S.A.
28-172a, and amendments thereto, during the preceding calendar month for cases filed in
the county and for each fee paid pursuant to subsection (c) of K.S.A. 28-170, and amend-
ments thereto, during the preceding calendar month for cases filed in the county.

    (d) To the state treasurer, for deposit in the state treasury and credit to the indigents'
defense services fund, a sum equal to $.50 for each docket fee paid pursuant to K.S.A.
28-172a and subsection (d) of K.S.A. 28-170, and amendments thereto, during the preceding
calendar month.

    (e) To the state treasurer, for deposit in the state treasury and credit to the law enforce-
ment training center fund, during the period commencing July 1, 1994, and ending June
30, 1998, a sum equal to $9, and on and after July 1, 1998, a sum equal to $8 for each
docket fee paid pursuant to K.S.A. 28-172a, and amendments thereto, during the preceding
calendar month.

    (f) To the state treasurer, for deposit in the state treasury and distribution according to
K.S.A. 20-367 and amendments thereto, a sum equal to the balance which remains from all
docket fees paid during the preceding calendar month after deduction of the amounts spec-
ified in subsections (a), (b), (c), (d) and (e).'';

    And by renumbering sections accordingly;

    On page 3, in line 15, after ``Sec. 4.'' by inserting ``K.S.A. 20-362 and'';

    On page 1, in the title, in line 10, after ``concerning'' by inserting ``courts; relating to'';
also in line 10, after ``procedure'' by striking ``; relating to'' and inserting a comma; also in
line 10, before ``amend-'' by inserting ``disposition of docket fees, law enforcement training
center fund;''; in line 11, after ``ing'', by inserting ``K.S.A. 20-362 and''; and the bill be passed
as amended.

    Also HB 2282 be amended on page 1, in line 17, by striking ``affidavit'' and inserting ``a
statement subject to penalty of perjury as provided in K.S.A. 21-3805 and amendments
thereto'';

    On page 2, after line 3, by inserting the following new section:

    ``Sec. 2. K.S.A. 60-2003 is hereby amended to read as follows: 60-2003. Items which
may be included in the taxation of costs are:

    (1) The docket fee as provided for by K.S.A. 60-2001, and amendments thereto.

    (2) The mileage, fees, and other allowable expenses of the sheriff or other officer in-
curred in the service of process outside of this state or in effecting any of the provisional
remedies authorized by this chapter.

    (3) Publisher's charges in effecting any publication of notices authorized by law.

    (4) Statutory fees and mileage of witnesses attending court or the taking of depositions
used as evidence.

    (5) Reporter's or stenographic charges for the taking of depositions used as evidence.

    (6) The postage fees incurred pursuant to K.S.A. 60-303 or subsection (e) of K.S.A. 60-
308, and amendments thereto.

    (7) Alternative dispute resolution fees shall include fees, expenses and other costs arising
from mediation, conciliation, arbitration, settlement conferences or other alternative dispute
resolution means, whether or not such means were successful in resolving the matter or
matters in dispute, which the court shall have ordered or to which the parties have agreed.

    (8) The mileage and fees of a private process server incurred in the service of process
or in effecting any of the provisional remedies authorized by this chapter.
    (9) Such other charges as are by statute authorized to be taxed as costs.'';

    And by renumbering sections accordingly;

    Also on page 2, in line 4, by striking ``is'' and inserting ``and 60-2003 are'';

    On page 1, in the title, in line 9, after the second semicolon, by inserting ``costs;''; in line
10, after ``60-312'', by inserting ``and 60-2003''; also in line 10, by striking ``section'' and
inserting ``sections''; and the bill be passed as amended.

    HB 2744, as amended by House Committee, be amended on page 1, in line 20, by
striking ``(b)'' and inserting ``(c) (1), (2) or (3)''; after line 24 by inserting the following:

    ``(b) Any driver who violates the provisions of subsection (a) and who: (1) Commits any
of the following during a police pursuit: (A) Fails to stop for a police road block; (B) drives
around tire deflating devices placed by a police officer; (C) engages in reckless driving as
defined by K.S.A. 8-1566 and amendments thereto; or (D) is involved in any motor vehicle
accident or intentionally causes damage to property; or

    (2) is attempting to elude capture for the commission of any felony, shall be guilty as
provided in subsection (c)(4).``;

    Also on page 1, in line 25, by striking ``(b)'' and inserting ``(c)''; in line 31, by striking ``or
violating subsection (c)''; after line 32, by inserting the following:

    ``(4) Every person convicted of violating subsection (b) shall be guilty of a severity level
9, person felony.'';

    Also on page 1, by striking all in line 33; by striking all in lines 41 through 43;

    On page 2, by striking all in lines 1 through 8; and the bill be passed as amended.

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

 On motion of Senator Lawrence the following report for the morning session was adopted:

 Recommended that HB 2408, 2742, 2765, 2789, 2831, 2838, 3005 be passed.

 Also, HB 2854, 2877 be amended by adoption of the committee amendments, and the
bills be passed as amended.

 Sub. HB 2630 be amended by motion of Senator Salmans on page 4, after line 15, by
inserting the following:

    ``Sec. 2. K.S.A. 1997 Supp. 74-5363 is hereby amended to read as follows: 74-5363. (a)
Any person who desires to be licensed under this act shall apply to the board in writing, on
forms prepared and furnished by the board. Each application shall contain appropriate
documentation of the particular qualifications required by the board and shall be accom-
panied by the required fee.

    (b) The board shall license as a licensed masters level psychologist any applicant for
licensure who pays the fee prescribed by the board under K.S.A. 74-5365 and amendments
thereto, which shall not be refunded, who has satisfied the board as to such applicant's
training and who complies with the provisions of this subsection (b). An applicant for licen-
sure also shall submit evidence verified under oath and satisfactory to the board that such
applicant:

    (1) Is at least 21 years of age;

    (2) has satisfied the board that the applicant is a person who merits public trust;

    (3) has received at least a master's degree in clinical psychology based on a program of
studies in psychology from an educational institution having a graduate program in psy-
chology consistent with state universities of Kansas; or has received at least a master's degree
in psychology and during such master's or post-master's coursework completed a minimum
of 12 semester hours or its equivalent in psychological foundation courses such as, but not
limited to, philosophy of psychology, psychology of perception, learning theory, history of
psychology, motivation, and statistics and 24 semester hours or its equivalent in professional
core courses such as, but not limited to, two courses in psychological testing, psychopa-
thology, two courses in psychotherapy, personality theories, developmental psychology, re-
search methods, social psychology; or has passed comprehensive examinations or equivalent
final examinations in a doctoral program in psychology and during such graduate program
completed a minimum of 12 semester hours or its equivalent in psychological foundation
courses such as, but not limited to, philosophy of psychology, psychology of perception,
learning theory, history of psychology, motivation, and statistics and 24 semester hours or
its equivalent in professional core courses such as, but not limited to, two courses in psy-
chological testing, psychopathology, two courses in psychotherapy, personality theories, de-
velopmental psychology, research methods, social psychology;

    (4) has completed 750 clock hours of academically supervised practicum in the master's
degree program or 1,500 clock hours of postgraduate supervised work experience;

    (5) has completed 2,000 clock hours of postgraduate work experience under the super-
vision of a licensed psychologist or a currently licensed master's level psychologist with three
years' experience if such applicant commenced such postgraduate work experience prior to
the effective date of this act or has completed 4,000 clock hours of postgraduate work ex-
perience under the supervision of a licensed psychologist or a currently licensed master's
level psychologist with three years' experience if such applicant commenced such postgrad-
uate work experience on or after the effective date of this act;

    (6) for applicants on and after January 1, 1997, has passed an examination approved by
the board with a minimum score set by the board by rules and regulations at 10 percentage
points below the score set by the board for licensed psychologists.

    (c) The board shall adopt rules and regulations establishing the criteria which an edu-
cational institution shall satisfy in meeting the requirements established under item (3) of
subsection (b). The board may send a questionnaire developed by the board to any educa-
tional institution for which the board does not have sufficient information to determine
whether the educational institution meets the requirements of item (3) of subsection (b)
and rules and regulations adopted under this section. The questionnaire providing the nec-
essary information shall be completed and returned to the board in order for the educational
institution to be considered for approval. The board may contract with investigative agencies,
commissions or consultants to assist the board in obtaining information about educational
institutions. In entering such contracts the authority to approve educational institutions shall
remain solely with the board.'';

    And by renumbering sections accordingly;

    On page 5, in line 32, before ``are'' by inserting ``and 74-5363'';

    On page 1, in the title, in line 12, before ``amending'' by inserting ``concerning licensed
master's level psychologists;''; in line 13, after ``59-2946'' by inserting ``and 74-5363'', and
the substitute bill be passed as amended.

 HCR 5042 be amended by adoption of the committee amendments, and the concurrent
resolution be adopted as amended.

 HB 2636 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Steffes on page 4, in line 43, after ``specified'' by inserting
``disease or specified'', and the bill be passed as further amended.

 HB 2899 be amended by adoption of the committee amendments, and further amended
by motion of Senator Jordan on page 1, in line 43, by striking ``six'', and the bill be passed
as further amended.

 On motion of Senator Emert, the Senate recessed until 1:30 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with Senator Bond in the chair.

CHANGE OF REFERENCE
 The President withdrew HB 2715 from the Committee on Judiciary, and referred the
bill to the Committee on Ways and Means.

MESSAGE FROM THE HOUSE
 The House accedes to the request of the Senate for a conference on SB 493 and has
appointed Representatives Phill Kline, Powell and Larkin as conferees on the part of the
House.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Lawrence the Senate nonconcurred in the House amendments to
SB 510 and requested a conference committee be appointed.

 The President appointed Senators Lawrence, Langworthy and Downey as a conference
committee on the part of the Senate.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 9, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 4, in line 3, by striking ``(4), (5) or (6)'' and inserting ``(d), (e) or (f)'';

    On page 14, in line 35, by striking ``(6)'' and inserting ``(f)'';

    On page 20, in line 38, by striking ``(1)'' and inserting ``(a)''; in line 42, by striking ``(2)''
and inserting ``(b)''; in line 43, by striking ``(i)'' and inserting ``(1)'';

    On page 21, in line 6, by striking ``half'' and inserting ``1/2''; in line 11, by striking ``(ii)''
and inserting ``(2)''; in line 13, by striking ``(iii)'' and inserting ``(3)''; in line 14, by striking
``(3)'' and inserting ``(c)''; in line 16, by striking ``(4)'' and inserting ``(d)''; in line 20, by
striking ``(5)'' and inserting ``(e)''; in line 21, by striking ``(i)'' and inserting ``(1)''; in line 23,
by striking ``(ii)'' and inserting ``(2)''; in line 26, by striking ``(iii)'' and inserting ``(3)''; in line
28, by striking ``(6)'' and inserting ``(f)''; in line 31, by striking ``(i)'' and inserting ``(1)''; in
line 35, by striking ``(ii)'' and inserting ``(2)'';

    On page 22, in line 7, by striking ``(1)'' and inserting ``(a)''; in line 27, by striking ``(1)''
and inserting ``(a)''; in line 28, by striking ``(2)'' and inserting ``(b)'';

    On page 23, in line 10, by striking ``(2)'' and inserting ``(b)'';

    On page 26, in line 40, by striking all after the period; by striking all in lines 41 and 42
and inserting ``Service of process shall be made in the manner prescribed by K.S.A. 60-304
and amendments thereto.'';

    On page 33, in line 32, by striking ``partnership'','' and inserting ``partnership,'';

    On page 34, in line 23, after the period by inserting ``Service of process shall be made in
the manner prescribed by K.S.A. 60-304 and amendments thereto.''

                                                                                    And your committee on conference recommends the adoption of this report.

                                                                                    Tim Carmody

                                                                                    Terry P. Presta

                                                                                    Jim D. Garner
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Keith Schraad

                                                                                    Greta Goodwin
 
Conferees on part of Senate

 Senator Emert moved the Senate adopt the Conference Committee report on SB 9.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2143, submits the following report:

    The Senate recedes from all of its amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as introduced, as follows:

    On page 1, in line 18, by striking ``$500,000'' and inserting ``$250,000''; in line 26, by
striking ``$500,000'' and inserting ``$250,000'';

                                                                                    And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Dale Swenson

                                                                                    Jim D. Garner
 
Conferees on part of House

 Senator Emert moved the Senate adopt the Conference Committee report on HB 2143.

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

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

    Nays: Kerr.

    The Conference Committee report was adopted.

ORIGINAL MOTION
 On motion of Senator Salisbury, the Senate acceded to the request of the House for a
conference on HB 2534.

 The President appointed Senators Salisbury, Ranson and Barone as conferees on the part
of the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Ways and Means recommends SB 643 be amended on page 2, in line
31, by striking ``increased'' and inserting in lieu thereof ``decreased''; also in line 31, by
striking ``$504,866'' and inserting in lieu thereof ``$475,016'';

    On page 3, in line 6, by striking ``$483,017'' and inserting in lieu thereof ``$495,967''; in
line 13, by striking ``$40,000'' and inserting in lieu thereof ``$45,787'';

    On page 5, after line 36, by inserting the following:

    ``(c) On the effective date of this act, the expenditure limitation established by section
56(b) of chapter 123 of the 1997 Session Laws of Kansas on the occupational health and
safety -- federal fund is hereby increased from $368,731 to $393,000.

    (d) On the effective date of this act, the expenditure limitation established by section
56(b) of chapter 123 of the 1997 Session Laws of Kansas on the occupational information
system -- federal fund is hereby increased from $106,236 to $170,000.'';

    On page 7, after line 26, by inserting the following:

    ``(c) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:

Medical resources and collection fund No limit
Provided, That all moneys received or collected by the secretary of aging due to medicaid
overpayments shall be deposited in the state treasury and credited to this fund and expend-
itures shall be made for medicaid program-related expenses and used to reduce state general
fund outlays for the medicaid program: Provided further, That all moneys received or col-
lected by the secretary of aging due to civil money penalty assessments against adult care
homes shall be deposited in the state treasury and credited to this fund and expenditures
shall be made to protect the health or property of adult care home residents as required by
federal law.

General fees fund No limit
Provided, That the department on aging is hereby authorized to collect fees from the sale
of surplus property; fees charged for searching, copying and transmitting copies of public
record; fees paid by employees for personal long distance calls, postage, faxed messages,
copies and other authorized uses of state property; and other miscellaneous fees: Provided
further, That all money received from such fees shall be deposited in the state treasury and
credited to this fund: And provided further, That expenditures shall be made from this fund
to meet the obligations of the agency, or to benefit and meet the mission of the agency.'';

    Also on page 7, by striking all in lines 27 through 43;

    And by renumbering sections accordingly;

    On page 8, after line 36, by inserting the following:

    ``(b) There is appropriated for the above agency from the state general fund the follow-
ing:

Operating expenditures (including official hospitality) $222,186'';
    On page 9, in line 35, by striking ``$152,000'' and inserting in lieu thereof ``$172,539'';

    On page 10, in line 30, by striking ``decreased'' and inserting in lieu thereof ``increased'';
in line 31, by striking ``$932,697'' and inserting in lieu thereof ``No limit''; after line 35, by
inserting the following:

``Operating expenditures $17,326'';
    Also on page 10, by striking all in lines 37 through 43;

    On page 11, by striking all in lines 1 and 2; preceding line 25, by inserting the following:

    ``(f) On the effective date of this act, the expenditure limitation established by section
96(b) of chapter 123 of the 1997 Session Laws of Kansas on the fertilizer fee fund is hereby
increased from $476,282 to $526,282.'';

    On page 13, after line 5, by inserting the following:

    ``Sec. 41.

INSURANCE DEPARTMENT
    (a) In addition to the purposes for which expenditures may be made by the above agency
from the senior health insurance counseling for Kansans fund for the fiscal year ending June
30, 1998, as authorized by section 19(a) of chapter 151 of the 1997 Session Laws of Kansas,
expenditures may be made by the above agency from the senior health insurance counseling
for Kansans fund for official hospitality: Provided, That expenditures for such purpose from
the senior health insurance counseling for Kansans fund for fiscal year 1998 shall not exceed
$750.

    Sec. 42.

KANSAS LOTTERY
    (a) On the effective date of this act, the position limitation established by section 54 of
chapter 123 of the 1997 Session Laws of Kansas for the above agency is hereby decreased
from 95.0 to 90.0.

    (b) On the effective date of this act, the expenditure limitation established by section
49(a) of chapter 123 of the 1997 Session Laws of Kansas on the expenditures from the
lottery operating fund is hereby decreased from $8,171,243 to $8,079,072.

    Sec. 43.

KANSAS RACING AND GAMING COMMISSION
    (a) On the effective date of this act, the position limitation established by section 54 of
chapter 123 of the 1997 Session Laws of Kansas for the Kansas Racing and Gaming Com-
mission -- state racing operations is hereby increased from 39.0 to 42.0.

    (b) On the effective date of this act, the position limitation established by section 54 of
chapter 123 of the 1997 Session Laws of Kansas for the state gaming agency of the Kansas
Racing and Gaming Commission -- state gaming agency is hereby increased from 13.0 to
17.0.

    (c) On the effective date of this act, the expenditure limitation established by section
44(a) of chapter 192 of the 1997 Session Laws of Kansas on the expenditures for the above
agency from the state racing fund is hereby decreased from $2,013,703 to $2,001,195.

    Sec. 44.

ATTORNEY GENERAL
    (a) On the effective date of this act, of the $3,219,655 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 31(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the operating expenditures account, the sum
of $200,000 is hereby lapsed.

    Sec. 45.

JUDICIAL BRANCH
    (a) In addition to purposes for which expenditures may be made by the above agency
from the permanent families account of the family and children investment fund for the
fiscal year ending June 30, 1998, as authorized by section 56(b) of chapter 192 of the 1997
Session Laws of Kansas, expenditures may be made by the above agency for per diem
compensation and travel and subsistence for legislative members of the permanent families
account advisory committee, as authorized by K.S.A. 1997 Supp. 38-1808(d)(2).

    Sec. 46.

STATE BOARD OF TAX APPEALS
    (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures $31,188
    Sec. 47. (a) On the effective date of this act, the director of accounts and reports shall
transfer the following amounts from the federal grant contracts clearing fund to the funds
specified therefor: (1) The sum of $200,000 to the state general fund, (2) the sum of $300,000
to the Kansas educational building fund, and (3) the sum of $100,000 to the state institutions
building fund.

    (b) Upon completion of the transfers prescribed by this section, the federal grant con-
tracts clearing fund is hereby abolished.

    Sec. 48. K.S.A. 75-3730a and 75-3703b are hereby repealed.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 18, by striking all after the first comma; in line 19, by
striking all before ``Kansas'' where it appears for the last time; in line 27, by striking ``and''
where it appears for the last time, and inserting a comma; in line 28, before the semicolon,
by inserting ``, insurance department, Kansas lottery, Kansas racing and gaming commission,
attorney general, judicial branch and state board of tax appeals''; in line 31, before the period,
by inserting ``; repealing K.S.A. 75-3730a and 75-3730b''; and the bill be passed as amended.

    Also SB 665 be amended on page 3, in line 14, by striking ``$349,078'' and inserting in
lieu thereof ``$374,078''; by striking all in lines 30 through 43;

    On page 4, by striking all in lines 1 through 9;

    And by relettering subsections accordingly;

    On page 5, by striking all in line 43;

    On page 6, by striking all in line 18; by striking all in lines 40 and 41;

    On page 8, after line 1, by inserting the following:

    ``(j) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for the fiscal year 1998, expenditures may
be made by the above agency from the state budget stabilization fund for the fiscal year
1998, for the following specified purpose or purposes, subject to the expenditure limitations
prescribed therefor:

Statehouse elevators renovation $347,000
Provided, That all expenditures from the state budget stabilization fund for the fiscal year
1998 for the statehouse elevators renovation shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for the fiscal year 1998: Provided further,
That any unencumbered balance for the statehouse elevators renovation as of June 30, 1998,
is hereby reappropriated for fiscal year 1999.'';

    Also on page 8, in line 43, by striking ``1998'' and inserting in lieu thereof ``1999'';

    On page 10, after line 22, by inserting the following:

``Football stadium expansion -- special revenue fund No limit
Provided, That Kansas state university may make expenditures from the football stadium
expansion -- special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.'';

    Also on page 10, after line 37, by inserting the following:

``Improvements to grain science value added laboratory No limit
Construct a materials acoustics laboratory No limit'';
    On page 11, after line 30, by inserting the following:

``Equipment/pesticide storage buildings No limit
Southwest research extension center office/administrative facility No limit
Southeast agriculture research center buildings No limit
South central agronomy experiment field office and storage building No limit;''
    Also on page 11, after line 36, by inserting the following:

    ``(c) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:

Southeast agriculture research center buildings No limit'';
    On page 17, after line 19, by inserting the following:

``Continuing education program building acquisition -- special revenuefund No limit
Provided, That the university of Kansas may make expenditures from the continuing edu-
cation program building acquisition -- special revenue fund to acquire property located at
1515 St. Andrews Drive in Lawrence, Kansas, in addition to the expenditure of other moneys
appropriated therefor: Provided, however, That expenditures from this fund for such capital
improvement project shall not exceed $1,800,000 million plus all amounts required for costs
of any such bond issuance, costs of interests on any bonds issued or obtained for such capital
improvement projects and any required reserves for payment of principal and interest on
any bond: Provided further, That such capital improvement project is hereby approved for
the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and amend-
ments thereto and the authorization of the issuance of bonds by the Kansas development
finance authority in accordance with that statute: And provided further, That all moneys
received from the issuance of any such bonds shall be deposited in the state treasury to the
credit of this fund.

Dole institute gift or grant fund No limit'';
    Also on page 17, after line 39, by inserting the following:

    ``(f) In addition to the other purposes for which expenditures may be made from the
above agency from the continuing education programs account of the restricted fees fund
for the fiscal year ending June 30, 1999, as authorized by this act or by any other appro-
priation act of the 1998 regular session of the legislature, expenditures may be made by the
above agency from the continuing education programs account of the restricted fees fund
for fiscal year 1999 for the acquisition of property located at 1515 St. Andrews Drive in
Lawrence, Kansas.

    (g) In addition to the other purposes for which expenditures may be made from the
above agency from the operating expenditures (including official hospitality) account of the
state general fund for the fiscal year ending June 30, 1999, as authorized by this act or by
any other appropriation act of the 1998 regular session of the legislature, expenditures may
be made by the above agency from the operating expenditures (including official hospitality)
account of the state general fund for fiscal year 1999 for the acquisition of Erma B.Smith
Hall.

    (h) In addition to the other purposes for which expenditures may be made from the
above agency from the restricted fees fund for the fiscal year ending June 30, 1999, as
authorized by this act or by any other appropriation act of the 1998 regular session of the
legislature, expenditures may be made by the above agency from the restricted fees fund
for fiscal year 1999 for the acquisition of 2.31 acres of land near DeSoto, Kansas.'';

    On page 20, preceding line 36, by inserting the following:

    ``(a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1998, for the capital improvement project as follows:

Power plant construction $80,065'';
    And by relettering subsections accordingly;

    On page 23, after line 12, by inserting the following:

``Matching grant for development of wetlands project at Milfordreservoir $361,512
Provided, That expenditures from this account may be made by the secretary of wildlife and
parks upon verification by the chairperson of WILDSCAPE that federal funds are available
from the U.S. army corps of engineers for development of the Milford wetlands: Provided,
however, That funds provided by the Kansas department of wildlife and parks to WILD-
SCAPE shall not be used to finance the administrative costs of WILDSCAPE.'';

    On page 24, by striking all in lines 9 through 19;

    And by relettering subsections accordingly;

    On page 25, by striking all in lines 40 through 43;

    On page 26, by striking all in lines 1 through 11;

    And by relettering subsections accordingly; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
 SB 603 reported correctly engrossed March 26, 1998.

REPORT ON ENROLLED BILLS
 SR 1835 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 26, 1998.

COMMITTEE OF THE WHOLE
 The Committee returned to Committee of the Whole for consideration of bills under the
heading of General Orders with Senator Lawrence in the chair.

 Recommended that HB 2683, 2813, 2970 be passed.

 Also, SB 599; HB 2729, 2782, 2902 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.

 HB 2868 be amended by motion of Senator Corbin on page 4, after line 38, by inserting:

    ``Sec. 2. K.S.A. 32-945 is hereby amended to read as follows: 32-945. (a) Upon receipt
of an application for a license to operate a controlled shooting area, the secretary shall cause
an inspection to be made of:

    (1) The proposed licensed area described in such application;

    (2) the premises and facilities where game birds are to be propagated, raised and lib-
erated;

    (3) the cover for game birds on such area; and

    (4) the ability of the applicants to operate a controlled shooting area.

    (b) If the secretary finds that the area contains not less nor more than the number of
acres required by K.S.A. 32-944 and amendments thereto, is contiguous and has the proper
requirements and facilities for the operation of a controlled shooting area and that the issuing
of the license will otherwise be in the public interest, the secretary may approve the appli-
cation and issue the controlled shooting area license.

    (c) A controlled shooting area license expires on June 30 of the operational year for
which issued.

    (d) The secretary shall limit controlled shooting areas so that the total acreage licensed
as controlled shooting areas in a county does not exceed 2% 3% of the total acreage of such
county.'';

    Also on page 4, by renumbering sections 2 and 3 accordingly; in line 39, by striking ``1997
Supp. 32-937 is'' and inserting ``32-945 and K.S.A. 1997 Supp. 32-937 are'';

    In the title, in line 10, by striking ``amending'' and inserting ``relating to total licensed
acreage for controlled shooting areas in a county; amending K.S.A. 32-945 and''; in line 11,
by striking ``section'' and inserting ``sections'', and the bill be passed as amended.

 The following amendment offered by Senator Lee to HB 2868 was rejected: on page 4,
after line 38, by inserting:

    ``(s) No buck deer firearm permit shall be issued to any person unless such person is at
the same time issued a doe deer firearm permit for the same species. No buck deer shall
be taken by a person pursuant to a firearm permit until such person has taken a doe deer
pursuant to the doe permit issued at the same time as the buck permit.''

 HB 2419 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Corbin on page 3, in line 27, after ``commission'' by inserting
``pursuant to statutes or rules and regulations relating to regulation of oil and gas production,
sale or conservation'';

    In the title, in line 15, by striking ``the state corporation commission'' and inserting ``oil
and gas''

 The bill also be further amended by motion of Senator Morris on page 1, in line 23,
before ``K.S.A.'' by inserting ``On and after July 1, 1998,''; in line 31, before ``K.S.A.'' by
inserting ``On and after July 1, 1998,'';

    On page 2, in line 25, before ``K.S.A.'' by inserting ``On and after July 1, 1998,'';

    On page 3, in line 13, before ``K.S.A.'' by inserting ``On and after July 1, 1998,''; in line
25, by striking ``No'' and inserting ``On and after July 1, 1998, no'';

    On page 4, after line 12, by inserting:

    ``New Sec. 7. (a) As used in this act, royalty interest owners include overriding royalty
interest owners and royalty interests include overriding royalty interests.

    (b) On and after the effective date of this act, no first seller of natural gas shall maintain
any action against royalty interest owners to obtain refunds of reimbursements for ad va-
lorem taxes attributable to royalty interests, ordered by the federal energy regulatory com-
mission.

    (c) It is hereby declared that under Kansas law:

    (1) The period of limitation of time for commencing civil actions to recover such refunds
attributable to reimbursements of ad valorem taxes on royalty interests during the years
1983 through 1988 has expired and such refunds claimed to be owed by royalty interest
owners are uncollectible;

    (2) first sellers of natural gas are prohibited from utilizing billing adjustments or other
set-offs as a means of recovering from royalty owners any such claimed refunds; and

    (3) first sellers of natural gas took every opportunity to protect their rights involving
Kansas ad valorem tax reimbursements attributable to royalty interest owners.

    (d) If any court or governmental authority having jurisdiction requires first sellers to
make refunds of reimbursements for ad valorem taxes on royalty interests during the years
1983 through 1988 notwithstanding this act or if this act is determined to be unconstitutional,
in whole or in part, nothing contained in this act shall be construed to have altered the laws
of the state of Kansas, including those applicable in any action that a first seller of natural
gas maintains against a royalty owner to obtain such a refund.'';

    Also on page 4, by renumbering sections 7 and 8 accordingly; in line 13, before ``K.S.A.''
by inserting ``On and after July 1, 1998,'';

    In the title, in line 19, before ``amending'' by inserting ``relating to certain refunds of
Kansas ad valorem tax reimbursements attributable to gas royalty interest owners;'', and the
bill be passed as further amended.

 HB 2837 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Hensley on page 1, in line 32, after ``children'', by inserting
``and the requirement for parental consent'';

    On page 5, following line 6, by inserting a new paragraph as follows:

    ``(y) ``Substantial change in placement'' means the movement of a child with disabilities
from a less restrictive environment to a more restrictive environment or from a more re-
strictive environment to a less restrictive environment for more than 25% of the child's
school day, or the addition to, or deletion from, the child's IEP of a related service or a
supplementary aid or service.'';

    On page 21, in line 4, after ``child'', by inserting ``and to any substantial change in place-
ment of their child, unless a change in placement of their child is ordered pursuant to the
provisions of section 30, and amendments thereto, or the agency can demonstrate that it
has taken reasonable measures to obtain parental consent, and the child's parent has failed
to respond. If the parent fails to respond to the request for parental consent to a substantial
change in placement, the agency must maintain detailed records of written and verbal con-
tacts with the parent and the response, if any, received from the parent'';

    In the title, in line 17, after ``65-508'', by inserting a comma, and the bill be passed as
further amended.

 HB 2867 be amended by adoption of the committee amendments, and the bill be passed
as amended.

 Senator Pugh moved to amend HB 2867 on page 1, line 40 by striking the words ``visual
depiction of a''.

 The motion failed and the amendment was rejected.

 Sub. HB 2654 be passed over and retain a place on the calendar.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2
3/ constitutional majority,
and SB 599; HB 2408, 2419; Sub. HB 2630; HB 2636, 2683, 2729, 2742, 2765, 2782,
2789, 2813, 2831, 2837, 2838, 2854, 2867, 2868, 2877, 2899, 2902, 2970, 3005; HCR
5042 were advanced to Final Action and roll call.

 SB 599, An act concerning courts; relating to collection of debts owed thereto; attorney
general; amending K.S.A. 75-719 and repealing the existing section, was considered on final
action.

 On roll call, the vote was: Yeas 23, nays 17, present and passing 0; absent or not voting
0.

 Yeas: Barone, Brownlee, Clark, Donovan, Downey, Gilstrap, Hardenburger, Hensley,
Jones, Jordan, Karr, Kerr, Lee, Morris, Oleen, Petty, Pugh, Ranson, Salisbury, Steffes, Stei-
neger, Umbarger, Vidricksen.

 Nays: Becker, Biggs, Bleeker, Bond, Corbin, Emert, Feleciano, Gooch, Goodwin, Har-
rington, Huelskamp, Langworthy, Lawrence, Praeger, Salmans, Schraad, Tyson.

 The bill passed, as amended.



  





March 26, 1998


 HB 2408, An act concerning eye enucleation; persons performing; amending K.S.A.
65-1728 and repealing the existing section, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2419, An act concerning oil and gas; relating to certain violations of laws relating to
oil and gas and penalties therefor; requiring certain procedures prior to imposition of pen-
alties; providing a credit from income taxes for expenses incurred in plugging certain oil and
gas wells; relating to certain refunds of Kansas ad valorem tax reimbursements attributable
to gas royalty interest owners; amending K.S.A. 55-708, 55-904, 55-1004 and 55-1005 and
repealing the existing sections, was considered on final action.

    On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.

    Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Barone, Biggs, Emert, Hensley, Karr, Salisbury.

    The bill passed, as amended.

 Sub. HB 2630, An act concerning the care and treatment of mentally ill persons; defining
qualified mental health professional; concerning the state security hospital at Larned; con-
cerning licensed master's level psychologists; amending K.S.A. 76-1305, 76-1306, 76-1307
and K.S.A. 1997 Supp. 59-2946 and 74-5363 and repealing the existing sections, was con-
sidered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The substitute bill passed, as amended.

 HB 2636, An act concerning insurance; accident and health insurance; reinsurance;
amending K.S.A. 1997 Supp. 40-221a and 40-19c09 and repealing the existing sections; also
repealing K.S.A. 1997 Supp. 40-1909, was considered on final action.

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

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

    Nays: Biggs.

    The bill passed, as amended.

 HB 2683, An act concerning rules and regulations; relating to the rules and regulations
filing act; amending K.S.A. 77-421, 77-422 and 77-435 and repealing the existing sections,
was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2729, An act concerning cities; relating to the abatement of certain nuisances; amend-
ing K.S.A. 12-1617e and K.S.A. 1997 Supp. 12-1617f and repealing the existing sections,
was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed, as amended.

 HB 2742, An act concerning certain equipment dealerships; relating to manufacturer
agreements; amending K.S.A. 16-1204, 16-1307, 16-1309, 16-1407 and 16-1409 and re-
pealing the existing sections, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2765, An act concerning certified public accountants; relating to certain continuing
education requirements; amending K.S.A. 1997 Supp. 1-310 and repealing the existing sec-
tion, was considered on final action.

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

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

    Nays: Oleen.

    The bill passed.

 HB 2782, An act regulating traffic; concerning the width of certain loads on vehicles;
providing for the issuance of a special permit; amending K.S.A. 1997 Supp. 8-1486, 8-1902
and 8-1911 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.

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

    Nays: Huelskamp.

    The bill passed, as amended.

 HB 2789, An act concerning crime victims; relating to compensation and allowance
expenses from the crime victims compensation board; relating to the filing of applications;
amending K.S.A. 1997 Supp. 74-7301 and 74-7305 and repealing the existing sections, was
considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2813, An act concerning public improvements; relating to public works bonds;
amending K.S.A. 60-1111 and repealing the existing section, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2831, An act concerning workers compensation; relating to subcontracting by li-
censed motor carriers; amending K.S.A. 1997 Supp. 44-503 and repealing the existing sec-
tion, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2837, An act concerning education; relating to special education for exceptional
children; affecting the regulation of boarding schools; amending K.S.A. 38-1513a, 72-961,
72-963, 72-963a, 72-963c, 72-964, 72-965, 72-966, 72-967, 72-970, 72-971, 72-973, 72-973a,
72-975, 72-976, 72-977, 72-979 and 72-981 and K.S.A. 1997 Supp. 65-503, 65-508, 72-962,
72-968, 72-974, 72-978, 72-983 and 72-53,109 and repealing the existing sections; also
repealing K.S.A. 72-933, 72-963b, 72-969, 72-972, 72-980, 72-5392, 72-5393 and 72-5394,
was considered on final action.

    On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.

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

    Nays: Brownlee, Donovan, Huelskamp, Kerr.

    The bill passed, as amended.

 HB 2838, An act concerning cemetery districts; relating to the creation thereof, was
considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 2854, An act concerning civil procedure; relating to the rules of evidence; concerning
the authentication of copies of records; amending K.S.A. 60-465 and repealing the existing
section, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed, as amended.

 HB 2867, An act concerning crimes and punishment; relating to lewd and lascivious
behavior; sexual exploitation of a child; amending K.S.A. 21-3508 and 21-3516 and repealing
the existing sections, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed, as amended.

 HB 2868, An act concerning wildlife; relating to certain big game permits and tags;
relating to total licensed acreage for controlled shooting areas in a county; amending K.S.A.
32-945 and K.S.A. 1997 Supp. 32-937 and repealing the existing sections, was considered
on final action.

    On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.

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

    Nays: Biggs, Kerr.

    The bill passed, as amended.

 HB 2877, An act concerning interests in certain real property; authorizing the state board
of regents to sell and convey certain real estate located in Scott county, Kansas; authorizing
the state board of regents to sell and convey certain real property located in Douglas county,
Kansas; authorizing the secretary of social and rehabilitation services to sell and convey
certain real property and to enter into certain leases; concerning certain real property in
the county of Decatur, Kansas; amending K.S.A. 74-3322 and repealing the existing section,
was considered on final action.

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

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

    Nays: Huelskamp.

    The bill passed, as amended.

 HB 2899, An act concerning the department of wildlife and parks; relating to the de-
velopment of lake resorts, funding, negotiations; duties; amending K.S.A. 32-867, 32-869
and 32-873 and K.S.A. 1997 Supp. 41-719 and repealing the existing sections, was considered
on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed, as amended.

 HB 2902, An act concerning townships; relating to the powers and duties thereof, was
considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed, as amended.

 HB 2970, An act concerning the governor's department; transferring title to certain
personal property accepted on behalf of the state of Kansas, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HB 3005, An act concerning the boiler safety act; amending K.S.A. 44-913, 44-914, 44-
915, 44-916, 44-917, 44-918, 44-919, 44-920, 44-921, 44-922, 44-923, 44-924, 44-925, 44-
926, 44-928 and 44-929 and repealing the existing sections, was considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The bill passed.

 HCR 5042, A concurrent resolution establishing a task force on providers of mental
health services to study the providing of treatment for persons with mental disorders, was
considered on final action.

    On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

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

    The resolution was adopted, as amended.

 On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 27,
1998.

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