February 22, 1999

Journal of the Senate

THIRTIETH DAY ______

Senate Chamber, Topeka, Kansas

Monday, February 22, 1999--2:30 p.m.

The Senate was called to order by President Dick Bond.

The roll was called with thirty-eight senators present.

Senators Becker and Morris were excused.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

Two hundred and sixty-seven years ago today the man who came to be known as the
Father of our country was born.

Since Jesus made it clear to a Roman Governor that he would have no power over
Jesus if it was not given him from above, we conclude that no political authority exists
without Your permission.

So we thank You today that the first president of this nation had the spiritual insight
to make the following statements:

``The propitious smiles of Heaven can never be expected on a nation that disregards
the eternal rules of order and right which Heaven itself has ordained.''

He also said, ``....it is the duty of all nations to acknowledge the Providence of Almighty
God, to obey his will, to be grateful for his benefits, humbly to implore his protection
and favor...''

And for the many others like these which help explain why he was held in such high
esteem by his countrymen and why our nation's constitution has endured, we thank You,
O God.

I pray in the Name of Christ,

AMEN

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

SB 329, An act authorizing electronic gaming machines; relating to the regulation thereof;
creating the Kansas education technology enhancement fund; amending K.S.A. 74-8701,
74-8702, 74-8704 and 74-8711 and K.S.A. 1998 Supp. 74-8710, 74-8718, 74-8719, 74-8723
and 74-8804 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 330, An act concerning the Kansas lottery; relating to video lottery machine games;
concerning revenue from games; amending K.S.A. 41-308, 74-8701, 74-8702, 74-8704, 74-
8708, 74-8711, 74-8712, 74-8720 and 74-8721 and K.S.A. 1998 Supp. 21-4302, 38-1602, 74-
8710, 74-8717, 74-8718 and 74-8719 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 38-1602a, by Committee on Federal and State Affairs.

SB 331, An act establishing the Kansas historical marker committee, by Committee on
Federal and State Affairs.

SB 332, An act concerning hazardous materials; relating to the certification of certain
consultants and contractors, by Committee on Federal and State Affairs.

SB 333, An act concerning motor vehicles; relating to the operation thereof while under
the influence of alcohol or drugs; amending K.S.A. 1998 Supp. 8-1012 and 8-1567a and
repealing the existing sections, by Committee on Federal and State Affairs.

SB 334, An act concerning crimes; relating to criminal intent; amending K.S.A. 1998
Supp. 21-3204 and repealing the existing section, by Committee on Federal and State
Affairs.

COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION Division of Accounts and Reports February 15, 1999 Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Perspective for the month of January, 1999. The Monthly
Financial Perspective is available on the Internet at the Financial Reporting Section of the
Division of Accounts and Reports web site under Monthly Financial Perspective.

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 2096, 2109, 2141, 2206, 2228, 2296, 2352.

Also, adoption of HCR 5013.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2096, 2109, 2141, 2206, 2228, 2296, 2352; HCR 5013 were thereupon introduced
and read by title.

REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 287, 292 be passed.

Committee on Commerce recommends SB 270 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL No. 270,'' as follows:

``Substitute for SENATE BILL No. 270 By Committee on Commerce

``AN ACT concerning the employment security law; relating to employer contributions and
disqualification for benefits; amending K.S.A. 1998 Supp. 44-706 and 44-710a and
repealing the existing sections.'';

and the substitute bill be passed.

Committee on Judiciary recommends SB 306 be passed.

Also SB 311 be passed and, because the committee is of the opinion that the bill is of a
noncontroversial nature, be placed on the consent calendar.

Mr. President: Committee on Public Health and Welfare recommends SB 106 be
amended on page 1, in line 20, by striking ``14'' and inserting ``15''; also in line 20, after
``members'' by inserting ``representing both rural and urban areas of the state''; in line 22,
after ``surgery'' by inserting ``, two of whom shall be''; in line 24, before the period, by
inserting: ``and one of whom shall be appointed by the governor from a list of three who
shall be nominated by the Kansas association of osteopathic medicine''; in line 28, by striking
``one member'' and inserting ``two members''; also in line 28, by striking ``a''; also in line 28,
by striking ``nurse'' and inserting ``nurses''; in line 29, by striking all after ``by''; in line 30,
by striking ``nominated by''; by striking all in lines 31 and 32 and inserting in lieu thereof
the following:

``(4) two members shall be attendants as defined in K.S.A. 65-6112 and amendments
thereto who are on the roster of an ambulance service permitted by the board of emergency
medical services, one of whom shall be appointed by the Kansas emergency medical services
association and one of whom shall be appointed by the Kansas emergency medical technician
association;'';

Also on page 1, by striking all in lines 37 through 39 and inserting in lieu thereof the
following:

``(7) one member shall be an administrator of an ambulance service appointed by the
governor from a list of four, two nominated by the Kansas emergency medical technician
association and two nominated by the Kansas emergency medical services association; and'';

On page 2, in line 2, after the period, by inserting: ``At least one member appointed
under paragraphs (4) and (7) of this subsection shall be from a rural area.''; in line 4, after
the period, by inserting: ``Organizations under this section which submit lists of names to
the governor for appointment by the governor from such lists to the board shall submit
names of people who reside in both rural and urban areas of the state.''; in line 43, before
the period, by inserting ``and not more restrictive than state law'';

On page 3, in line 32, by striking ``quality management''; in line 33, after ``councils'' by
inserting ``and those who report data to the registry'';

On page 4, in line 18, before the period, by inserting ``and consult with the health care
data governing board in developing the registry'';

On page 5, in line 7, before the semicolon, by inserting ``, and does not identify providers
or facilities''; in line 19, before the period, by inserting: ``unless the local component medical
society and municipality establish a trauma system''; and the bill be passed as amended.

Also SB 110 be amended on page 2, in line 40, before the period, by inserting ``but
volunteers professional nursing service or is a charitable health care provider as defined by
K.S.A. 75-6102 and amendments thereto'';

On page 4, in line 29, before the period, by inserting ``but volunteers practical nursing
service or is a charitable health care provider as defined by K.S.A. 75-6102 and amendments
thereto'';

On page 5, in line 38, before the period, by inserting ``but volunteers advanced registered
nursing services or is a charitable health care provider as defined by K.S.A. 75-6102 and
amendments thereto'';

On page 6, in line 33, before the period, by inserting ``but volunteers mental health
technician service or is a charitable health care provider as defined by K.S.A. 75-6102 and
amendments thereto''; and the bill be passed as amended.

SB 190 be amended on page 5, in line 13, by striking ``annual''; after line 39, by inserting
the following:

``Sec. 4. K.S.A. 1998 Supp. 65-2895 is hereby amended to read as follows: 65-2895. (a)
There is hereby created a designation of institutional license which may be issued by the
board to a person who is a graduate of an accredited school of the healing arts or a school
which has been in operation for not less than 15 years and the graduates of which have been
licensed in another state or states which have standards similar to Kansas and who is
employed as provided in this section. Subject to the restrictions of this section, the
institutional license shall confer upon the holder the right and privilege to practice that
branch of the healing arts in which the holder of the institutional license is proficient and
shall obligate the holder to comply with all requirements of such license. The practice
privileges of institutional license holders are restricted as follows: The institutional license
shall be valid only during the period in which ~~the holder is~~: (1) The holder is employed by
the department of social and rehabilitation services, employed by any institution within the
department of corrections or employed pursuant to a contract entered into by the
department of social and rehabilitation services or the department of corrections with a
third party, and only within the institution to which the holder is assigned; or (2) the holder
was issued an institutional license prior to ~~the effective date of this act~~ May 8, 1997, and is
employed to provide mental health services in the employ of a Kansas licensed community
mental health center, or one of its contracted affiliates, or a federal, state, county or
municipal agency, or other political subdivision, or a contractor of a federal, state, county
or municipal agency, or other political subdivision, or a duly chartered educational
institution, or a medical care facility licensed under K.S.A. 65-425 et seq, and amendments
thereto, in a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto,
or a contractor of such educational institution, medical care facility or psychiatric hospital,
and whose practice, in any such employment, is limited to providing mental health services,
is a part of the duties of such licensee's paid position and is performed solely on behalf of
the employer; or (3) the holder was issued an institutional license prior to May 8, 1997, and
is providing mental health services pursuant to a written protocol with a person who holds
a license to practice medicine and surgery other than an institutional license.

(b) An institutional license shall be valid for a period of two years after the date of
issuance and may be renewed if the applicant for renewal is eligible to obtain an institutional
license under this section, has successfully completed the examination required under
subsection (a)(3) of K.S.A. 65-2873 and amendments thereto and has submitted evidence
of satisfactory completion of a program of continuing education required by the board. The
board shall require each applicant for renewal of an institutional license under this section
to submit evidence of satisfactory completion of a program of continuing education required
by the board of licensees of the branch of the healing arts in which the applicant is proficient.

(c) This section shall be a part of and supplemental to the Kansas healing arts act.'';

And by renumbering sections accordingly;

Also on page 5, in line 40, by striking ``and'' and inserting in lieu thereof a comma; also
in line 40, after ``65-2852'' by inserting ``and 65-2895'';

On page 1, in the title, in line 10, after the semicolon, by inserting ``concerning
institutional licenses;''; in line 11, by striking ``and'' where it appears for the first time and
inserting in lieu thereof a comma; also in line 11, after ``65-2852'' by inserting ``and 65-
2895''; and the bill be passed as amended.

SB 232 be amended on page 1, in line 29, after ``care'' by inserting ``services in skilled
nursing facilities, assisted living facilities or community based services''; in line 32, by striking
``Eight'' and inserting ``Six''; in line 33, by striking ``four'' and inserting ``three''; in line 36,
by striking ``four'' and inserting ``three''; after line 39, by inserting the following:

``(2) two members appointed by the president of the senate and the speaker of the
house of representatives, one of whom shall be a member of the senate committee on ways
and means and one of whom shall be a member of the house committee on appropriations
and both of whom shall be from different political parties'';

Also on page 1, in line 40, by striking ``(2)'' and inserting in lieu thereof ``(3)'';

On page 2, in line 1, by striking ``(3)'' and inserting ``(4)''; in line 5, by striking ``(4)'' and
inserting ``(5)''; in line 9, by striking ``(5)'' and inserting ``(6)''; and the bill be passed as
amended.

SB 267 be amended on page 7, in line 15, by striking ``or''; after line 15, by inserting the
following:

``(14) the licensee has assisted suicide in violation of K.S.A. 21-3406 and amendments
thereto as established by any of the following:

(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation
of K.S.A. 21-3406 and amendments thereto.

(B) A copy of the record of a judgment of contempt of court for violating an injunction
issued under K.S.A. 1998 Supp. 60-4404 and amendments thereto.

(C) A copy of the record of a judgment assessing damages under K.S.A. 1998 Supp.
60-4405 and amendments thereto; or'';

Also on page 7, in line 16, by striking ``(14)'' and inserting in lieu thereof ``(15)'';

On page 11, in line 35, after ``65-1627,'' by inserting ``65-1627i,'';

On page 1, in the title, in line 12, before the period, by inserting ``; also repealing K.S.A.
1998 Supp. 65-1627i''; and the bill be passed as amended.

Committee on Transportation and Tourism recommends HCR 5004 be adopted.

REPORT ON ENROLLED BILLS
SR 1819, 1820 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 19, 1999.

SR 1821, 1822, 1823 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 22, 1999.

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
Jordan in the chair.

On motion of Senator Jordan the following report was adopted:

Recommended that SB 71, 128, 139 be passed.

SB 93, 179, 186 be amended by adoption of the committee amendments, and the bills
be passed as amended.

The committee recommended SB 161 be passed.

A motion by Senator Brownlee to amend SB 161 failed and the following amendment
was rejected: On line 16, by inserting ``Upon receipt of tobacco funds for funding of the
coordinator and his/her office''.

SB 151 be amended by adoption of the committee amendments and further amended
by motion of Senator Steffes on page 8, in line 16 by striking ``standards'' and inserting
``requirements'', and the bill be passed as further amended.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
23, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.