Febryary 2, 1999

Journal of the Senate

SIXTEENTH DAY ______

Senate Chamber, Topeka, Kansas

Tuesday, February 2, 1999--2:30 p.m.

The Senate was called to order by President Dick Bond.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

If there is one thing we need as legislators, it is wisdom. We have all kinds of
opportunities to gain knowledge, but we need Your wisdom to know how to use our
knowledge.

Please give us the wisdom.....

To tell the needy from the greedy;

To tell the honest from the con artist;

To tell the real from the pretender;

To tell the truth from the lie;

To tell the ``could be'' from the ``no way''.

To tell the right from the wrong.

To tell the wheat from the chaff.

And when we make the right choices, don't let us forget from Whom came the wisdom.

I pray in Jesus' Name,

AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:

SB 199, An act concerning school districts; authorizing the development and operation
of school-based mentoring programs and providing state financial assistance therefor;
amending K.S.A. 1998 Supp. 72-6409 and repealing the existing section, by Committee on
Education.

SB 200, An act concerning the university of Kansas school of medicine scholarships;
reconciling a conflict in the definition of state medial care facility or institution; amending
K.S.A. 76-375 and repealing the existing section; also repealing K.S.A. 76-375a, by
Committee on Education.

SB 201, An act concerning the medical student loan act; reconciling a conflict in the
definition of state medical care facility or institution; amending K.S.A. 76-381 and repealing
the existing section; also repealing K.S.A. 76-381a, by Committee on Education.

SB 202, An act concerning the state educational institutions; relating to residency for fee
purposes; amending K.S.A. 1998 Supp. 76-729 and repealing the existing section, by
Committee on Education.

SB 203, An act concerning school safety and security; amending K.S.A. 1998 Supp. 38-
1502, 38-1507, 38-1602, 38-1655, 72-89b02 and 72-89b03 and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 38-1502c and 38-1602a, by Committee on
Education.

SB 204, An act concerning school districts; relating to the determination of state aid for
the provision of special education services; amending K.S.A. 72-971, 72-973 and 72-979 and
K.S.A. 1998 Supp. 72-962 and 72-978 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 72-983, by Committee on Education.

SB 205, An act concerning healing arts; relating to licensure; convictions of certain crimes;
amending K.S.A. 1998 Supp. 65-2836 and repealing the existing section, by Committee on
Judiciary.

SB 206, An act concerning crimes, criminal procedure and punishment; relating to
searches incident to a lawful arrest; amending K.S.A. 22-2501 and repealing the existing
section, by Committee on Judiciary.

SB 207, An act concerning the Kansas bureau of investigation; relating to background
investigations; criminal history record information; amending K.S.A. 75-712 and repealing
the existing section, by Committee on Judiciary.

SB 208, An act concerning the Kansas juvenile offenders code; relating to expense of
care and custody of a juvenile; amending K.S.A. 1998 Supp. 38-1616 and repealing the
existing section, by Committee on Judiciary.

SB 209, An act relating to certificates of title; concerning fees; relating to the VIPS/
CAMA technology hardware fund; amending K.S.A. 1998 Supp. 8-135, 8-135a, 8-139, 8-
145, 8-170, 8-171, 8-198 and 74-2013 and repealing the existing sections, by Committee on
Ways and Means.

SB 210, An act relating to certificates of title; concerning fees; relating to the Kansas
highway patrol motor vehicle fund; amending K.S.A. 1998 Supp. 8-135, 8-135a, 8-139, 8-
145, 8-170, 8-171, 8-198 and 74-2013 and repealing the existing sections, by Committee on
Ways and Means.

SB 211, An act concerning public works contractors; relating to damages for delays in
performance of work, by Committee on Federal and State Affairs.

SB 212, An act concerning drivers' licenses; relating to requirements for licensure, by
Committee on Federal and State Affairs.

SB 213, An act concerning the SRS transition oversight committee; continuing the
committee in existence; composition; duties; amending K.S.A. 1998 Supp. 46-2701 and
repealing the existing section, by Committee on Ways and Means (By Request of the SRS
Transition Oversight Committee).

SB 214, An act concerning election campaign finance; prohibiting contributions in
elections for the office of insurance commissioner from certain entities; and prescribing
penalties for the violation thereof, by Senators Hensley, Barone, Biggs, Downey, Feleciano,
Gilstrap, Gooch, Goodwin, Jones, Petty, Steineger and Stephens.

SB 215, An act concerning certain election commissioners; relating to the selection
thereof; amending K.S.A. 19-3419 and repealing the existing section, by Senators Hensley,
Feleciano, Gilstrap, Jones, Petty and Stephens.

SB 216, An act concerning the state board of healing arts; relating to compensation of
review committee members; amending K.S.A. 65-2016 and K.S.A. 1998 Supp. 65-2840c and
repealing the existing sections, by Committee on Public Health and Welfare.

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

Assessment and Taxation: SB 182, 185.

Commerce: SB 179, 187.

Education: SB 188, 191; HB 2062.

Federal and State Affairs: SB 177, 197.

Financial Institutions & Insurance: HB 2005.

Judiciary: SB 178, 180, 181, 183, 184, 195, 196; HB 2015.

Public Health and Welfare: SB 189, 190, 192, 193, 194.

Transportation and Tourism: SB 198.

Utilities: SB 186.

REFERRAL OF APPOINTMENTS
The following appointments made by the Governor and submitted to the senate for
confirmation, were referred to Committees as indicated:

Adjutant General, Gregory B. Gardner, effective upon the date of confirmation by the
Senate to serve at the pleasure of the Governor.

(Federal and State Affairs) Secretary, Kansas Department of Revenue, Karla J. Pierce, effective upon the date of
confirmation by the Senate, to serve at the pleasure of the Governor.

(Assessment and Taxation) MESSAGE FROM THE HOUSE
Announcing passage of HB 2001.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2001 was thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Salisbury, Hensley and Petty introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1812--

A RESOLUTION congratulating and commending Washburn University's Academic Advising Program.

WHEREAS, Washburn University's Academic Advising Program has received the 1998
Outstanding Institutional Advising Program Award at the annual conference of the National
Academic Advising Association; and

WHEREAS, This award, cosponsored by the National Academic Advising Association
and the American College Testing was established in 1983 to honor programs which
demonstrate innovative or exemplary practices resulting in improvement of academic
advising services; and

WHEREAS, Washburn University officials recognized a need during the 1990s to
improve student advising services. University resources were provided to increase staffing
levels devoted to advising and to fund technical support. In 1996 the university's Undeclared
Academic Advising joined with Career Services, Counseling and Testing to form one large
student-centered academic unit, the Center for Learning and Student Success. This new
organization has been very successful in the provision of advising services to Washburn
students; and

WHEREAS, The award was accepted in San Diego at the annual conference of the
National Academic Advising Association by Dr. Rich Robbins, Coordinator of Advising, and
Sue Lorenz, M.A., advisor, for Washburn University: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Washburn University upon being awarded the 1998 Outstanding Institutional Advising
Program Award; and

Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Dr. Jerry Farley, President, Washburn University, 1700
College Avenue, Topeka, Kansas 66621.

On emergency motion of Senator Salisbury SR 1812 was adopted unanimously.

Senator Salisbury introduced and congratulated guests of the Senate, Dr. Jerry Farley,
President, Washburn University, Topeka; Dr. Rich Robbins, Coordinator for Academic
Advising; Sandra Kidd, Academic Advisor and Sue Lorenz, M.A., advisor for Washburn
University.

REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 45 be passed.

Committee on Commerce recommends SB 69 be amended on page 2, in line 19, by
striking ``The'' and inserting ``For taxable years commencing after December 31, 1999, the'';

On page 3, in line 27, by striking ``In addition'' and inserting ``For taxable years
commencing after December 31, 1999''; and the bill be passed as amended.

Committee on Energy and Natural Resources recommends SB 70 be passed.

Committee on Financial Institutions and Insurance recommends SB 14 be passed.

Also, SB 75 be passed and, because the committee is of the opinion that the bill is of a
noncontroversial nature, be placed on the consent calendar.

SB 3 be amended on page 1, in line 24, by striking ``eight'' and inserting ``five''; in line
25, by striking ``and'' and inserting ``or''; in line 26, by striking ``such'' and inserting ``a''; in
line 30, after ``coinsurance'' by inserting ``, network requirements''; also in line 30, after
``limitations'' by inserting ``, including but not limited to medical necessity determinations,'';
and the bill be passed as amended.

SB 74 be amended on page 1, in line 43, by striking ``RBC report including''; and the
bill be passed as amended.

SB 120 be amended on page 2, in line 7, by striking ``and''; in line 9, by striking the
period and inserting ``; and

(5) the governor.'';and the bill be passed as amended.

SB 122 be amended on page 2, in line 31, by striking ``advisory''; also in line 31, before
the comma, by inserting ``of a person described in subsection (b)''; and the bill be passed
as amended.

Committee on Transportation and Tourism recommends SB 66 be amended on page
2, in line 18, by striking ``and''; in line 23, by striking the period and inserting ``; and

(4) an operator of a vehicle in a funeral procession shall not have the right-of-way at an
intersection, regardless of traffic control devices, if the vehicle is more than 300 feet behind
the immediately preceding vehicle in the funeral procession.''; and the bill be passed as
amended.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, February
3, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.