February 23, 1999

Journal of the Senate

THIRTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, February 23, 1999--2:30 p.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-nine senators present.

 Senator Becker was excused.

 Vice-President Salisbury introduced Rev. Paul C. Leduc, Seaman Congregational United
Church of Christ, Topeka, who delivered the invocation:

        Almighty and Merciful God, from whom every good and perfect wisdom comes,
      grant that Your Holy Spirit may, in all things, direct and rule the minds and hearts
      of this Kansas State Senate.

        Eternal God, we acknowledge that without Your help, leaders everywhere, including
      these senators gathered here,

        May be able to see the ideal, but be unable to reach it.

        That without Your help,

        They, like all of us, may know the right, but unable to do it.

        They may be able to recognize their duty, but be unable to perform it.

          We know, dear God, that every day our state senators are haunted by the difference
      between what they want to accomplish and what they can in fact do.

        By Your Holy Spirit,

      Enlighten their minds,

        That they may reach beyond doubting to certainty.

      Strengthen their hearts,

        That the temptations they face may not only be kept under control,

        But in fact taken away.

      Fortify their wills,

        That they may pass beyond resolving to doing,

        And beyond intention to accomplishment.

          By Your Holy Spirit,

        Break for them, the habits they cannot break;

        Conquer for them, the fears they cannot conquer;

        Calm for them, the worries they cannot still;

        Soothe for them, the sorrows no human comfort can ease.

        Answer for them, the questions no human wisdom can answer.

          Holy and everlasting God, today may they place their faith in Your strength and
      completeness. Help them to maintain their good character because character does
      count. Do for them Lord, what they cannot do. Make them what they cannot be
      without a renewal of their faith in faith and a deeper trust in You.

          This we pray, O God, knowing that Your grace is sufficient.

      Shalom and Amen.

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

   SB 335, An act relating to registers of deeds; concerning the recordation of plats;
amending K.S.A. 19-1207 and repealing the existing section, by Committee on Federal and
State Affairs.

 SB 336, An act concerning motor vehicles; authorizing the impoundment thereof under
certain circumstances, by Committee on Federal and State Affairs.

 SB 337, An act concerning alcoholic and cereal malt beverages; requiring server permits,
by Committee on Federal and State Affairs.

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

   Elections and Local Government: HB 2228.

 Energy and Natural Resources: SB 332.

 Federal and State Affairs: SB 329, 330, 331.

 Financial Institutions & Insurance: HB 2096, 2109, 2296.

 Judiciary: SB 333, 334; HB 2206, 2352.

 Public Health and Welfare: HCR 5013.

 Transportation and Tourism: HB 2141.

CHANGE OF REFERENCE
 The Vice-President withdrew SB 129 from the calendar under the heading of General
Orders, and rereferred the bill to the Committee on Education.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2191, 2272, 2321.

 Also, adoption of HCR 5014, 5015, 5021.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2191, 2272, 2321; HCR 5014, 5015, 5021 were thereupon introduced and read
by title.

FINAL ACTION ON CONSENT CALENDAR
 SB 81, 200, 201 having appeared on the Consent Calendar for the required two full
legislative days without objection from any member, were considered on final action.

 SB 81, An act concerning civil procedure; relating to the rules of evidence; amending
K.S.A. 60-466 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed.

 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.

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

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

      Absent or not voting: Becker.

      The bill passed.

 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.

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

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

      Absent or not voting: Becker.

      The bill passed.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 SB 71, An act concerning the Kansas dental board; amending K.S.A. 65-1432 and 65-
1434 and K.S.A. 1998 Supp. 65-1431 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed.

 SB 93, An act concerning juvenile offenders; relating to venue of proceedings; amending
K.S.A. 1998 Supp. 38-1605 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 128, An act relating to licensure of maternity centers and licensure and registration
of providers of care for children; concerning civil fines; amending K.S.A. 1998 Supp. 65-
526 and repealing the existing section, was considered on final action.

      On roll call, the vote was: Yeas 23, nays 16, present and passing 0; absent or not voting
1.

      Yeas: Barone, Biggs, Bond, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin,
Hardenburger, Hensley, Jones, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Steffes,
Steineger, Stephens, Vidricksen, Vratil.

      Nays: Bleeker, Brownlee, Clark, Corbin, Donovan, Harrington, Huelskamp, Jordan,
Kerr, Lawrence, Pugh, Ranson, Salisbury, Salmans, Tyson, Umbarger.

      Absent or not voting: Becker.

      The bill passed.

 SB 139, An act concerning state agencies; relating to self-insurance assessment rates;
amending K.S.A. 44-576 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed.

 SB 151, An act concerning insurance companies; relating to viatical settlements; repealing
K.S.A. 40-2,140, 40-2,141, 40-2,142, 40-2,143, 40-2,144, 40-2,145, 40-2,146, 40-2,147, 40-
2,148, 40-2,149, 40-2,150, 40-2,151 and 40-2,152, was considered on final action.

      On roll call, the vote was: Yeas 36, nays 3, present and passing 0; absent or not voting 1.

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

      Nays: Bleeker, Huelskamp, Pugh.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 161, An act concerning the office of the attorney general; relating to the D.A.R.E.
program, was considered on final action.

      On roll call, the vote was: Yeas 34, nays 3, present and passing 2; absent or not voting 1.

      Yeas: Barone, Biggs, Bond, Clark, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Langworthy,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger,
Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Nays: Brownlee, Huelskamp, Lawrence.

      Present and passing: Bleeker, Kerr.

      Absent or not voting: Becker.

      The bill passed.

 SB 179, An act concerning the high performance incentive program; relating to eligibility
therefor; amending K.S.A. 1998 Supp. 74-50,131 and repealing the existing section, was
considered on final action.

      On roll call, the vote was: Yeas 34, nays 5, present and passing 0; absent or not voting 1.

      Yeas: Barone, Biggs, Bond, Brownlee, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

      Nays: Bleeker, Clark, Huelskamp, Pugh, Tyson.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 186, An act concerning school districts; amending K.S.A. 72-6760 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

REPORTS OF STANDING COMMITTEES
 Committee on Assessment and Taxation recommends HCR 5002, as amended by
House Committee, be adopted.

 Committee on Elections and Local Government recommends SB 273 be passed.

 Committee on Energy and Natural Resources recommends SB 246, 285 be passed.

 Also SB 296 be amended on page 8, in line 36, by striking ``a perpetual care trust'' and
inserting ``the hazardous waste management''; and the bill be passed as amended.

 SCR 1611 be amended on page 1, in line 15, by striking ``cards'' and inserting ``cars''; in
line 42, after ``That'' by inserting ``, if the EPA adopts a proposal to reduce gasoline sulfur
levels,''; in line 43, by striking ``to reduce gasoline sulfur levels''; and the concurrent
resolution be adopted as amended.

 Committee on Financial Institutions and Insurance recommends SB 48 be amended
on page 3, in line 41, by striking ``subject to court''; in line 42, by striking ``approval'' and
inserting ``approved by the liquidation court'';

      On page 4, in line 2, by striking ``: Such''; in line 3, before ``payments'' by inserting: ``.
Any reinsurance agreement entered into with a domestic insurer which may be canceled on
less than 90 days' notice, and which cancellation would constitute a material cancellation as
defined by K.S.A. 40-2,152 and amendments thereto, must provide in the reinsurance
agreement, in substance, for a run-off of the reinsurance in force at the date of cancellation,
unless the agreement is canceled for nonpayment of premium or fraud in the inducement.
Reinsurance''; in line 4, by striking ``contract or other written agreement'' and inserting
``reinsurance contract or policy reinsured''; in line 11, after ``The'' by inserting ``reinsurance
agreement may provide that the''; in line 40, by striking ``contract or other written
agreement'' and inserting ``reinsurance contract or policy reinsured''; and the bill be passed
as amended.

 Also SB 121 be amended on page 1 by striking lines 42 and 43; on page 2 by striking
lines 1 through 9, and inserting ``(b) Prior to the 2000 legislative session, the Kansas
insurance department shall conduct a study and report to the Kansas legislature on the laws
of other states governing rate filings and policy or contract forms for personal and
commercial, including large commercial risks. The study shall also identify recent trends in
regulation and the potential impact on consumers, carriers and agents.''

      Also on page 2 in line 36 after ``filing.'' strike ``The''; strike lines 37 through 40;

      On page 3 in line 10 after ``act.'' by inserting ``The term ``personal lines'' shall mean
insurance for noncommercial automobile, homeowners, dwelling fire-and-renters insurance
policies, as defined by the commissioner by rules and regulations.''

      On page 4 in line 39 by striking all after ``risks''; in line 40 by striking all before the
semicolon;

      On page 5 following line 1, by inserting,

      ``(i) For the purposes of this subsection, ``large risk'' means: (1) An insured that has
total insured property values of $5,000,000 or more; (2) an insured that has total annual
gross revenues of $10,000,000 or more; or (3) an insured that has in the preceding calendar
year a total paid premium of $50,000 or more for property insurance, $50,000 or more for
general liability insurance, or $100,000 or more for multiple lines policies.

      (j) The exemption for any large risk contained in subsection (h) shall not apply to
workers compensation and employer's liability insurance, insurance purchasing groups, and
the basic coverage required by K.S.A. 40-3401 et seq. and amendments thereto.''

      in line 2 by striking ``(i)'' and inserting ``(k)'' and the bill be passed as amended.

 SB 240 be amended on page 1, in line 32, before ``director'' by inserting ``voting''; also
in line 32, by striking all after ``of''; by striking all in line 33 and inserting in lieu thereof the
following: ``:

      (1) Any state or national bank or bank holding company;

      (2) any affiliate of a state or national bank or bank holding company; or

      (3) any other entity regulated by the commissioner.''; and the bill be passed as amended.

 Committee on Judiciary recommends SB 131 be amended on page 12, by striking all
in lines 14 through 43;

      On page 13, by striking all in lines 1 through 24;

      And by renumbering sections accordingly;

      On page 31, in line 2, by striking the first comma and inserting ``and''; also in line 2, by
striking ``, 21-4635 and 21-4638'';

      On page 1, in the title, in line 11, after ``21-3705'' by striking the comma and inserting
``and''; also in line 11, by striking ``, 21-4635 and 21-4638''; and the bill be passed as amended.

 Also SB 206 be amended on page 1, by striking all in lines 14 through 21; in line 22, by
striking ``Sec. 2.'' and inserting ``Section 1''; in line 23, by striking ``3'' and inserting ``2'';

      Also on page 1, in the title, in line 9, after ``ACT'' by inserting ``repealing K.S.A. 22-
2501;''; in line 10, by striking all after ``arrest''; in line 11, by striking all before the period;
and the bill be passed as amended.

 Committee on Public Health and Welfare recommends SB 216 be amended on page
1, in line 29, before the comma, by inserting: ``and within the limits of appropriations
therefor'';

      On page 2, in line 5, before the comma, by inserting: ``and within the limits of
appropriations therefor''; and the bill be passed as amended.

 Committee on Ways and Means recommends SB 248 be amended on page 1, after line
19, by inserting the following: ``(a) As used in this section, ``private moneys'' means moneys
from nongovernmental sources.'';

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

REPORT ON ENGROSSED BILLS
 SB 93, 151, 179, 186 reported correctly engrossed 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
Steffes in the chair.

 On motion of Senator Steffes the following report was adopted:

   Recommended that SB 91, 162 be passed.

 SB 76, 79, 98, 108, 132, 219, 229, 238, 241 be amended by adoption of the committee
amendments, and the bills be passed as amended.

 SB 213 be amended by adoption of the committee amendments and further amended
by motion of Senator Morris on page 4, after line 12, by inserting the following:

      ``(f) If the health care reform legislative oversight committee established pursuant to
K.S.A. 1998 Supp. 46-2501 et seq., is revived by a law enacted during the 1999 regular
session of the legislature, and the effective date of such revival is on or before July 1, 1999,
notwithstanding any other provision of law to the contrary, the SRS transition oversight
committee members' terms shall expire on June 30, 1999, and on and after July 1, 1999,
the oversight committee shall consist of 12 members and shall be appointed as follows:

      (1) Three members who shall be appointed by the chairperson of the house
appropriations committee, from among the members of the house appropriations
committee, of whom two are members of the majority party and one is a member of the
minority party;

      (2) three members who shall be appointed by the chairperson of the senate ways and
means committee, from among the members of the senate ways and means committee, of
whom two are members of the majority party and one is a member of the minority party;

      (3) two members who shall be appointed by the speaker of the house of representatives
from among the members of the house committee on health and human services, one of
whom shall be a member of the majority party and one of whom shall be a member of the
minority party;

      (4) two members who shall be appointed by the president of the senate from among
the members of the senate committee on public health and welfare, one of whom shall be
a member of the majority party and one of whom shall be a member of the minority party;
and

      (5) two members appointed jointly by the speaker of the house of representatives and
the president of the senate from among the members of the health care reform legislative
oversight committee, one of whom shall be a member of the majority party and one of
whom shall be a member of the minority party.'', and the bill be passed as further amended.

 SB 7 be amended by adoption of the committee amendments and be further amended
by motion of Senator Harrington on page 1, in line 25, by striking ``Such resolution shall
not'' and inserting ``If the governing body of a city within the county does not adopt such
joint resolution, such city shall not be included within nor subject to the provisions of any
consolidation plan in regard to the status of such city as a separate entity from the county.

      Such resolution shall not'', and the bill be passed over and retain a place on the calendar.

 SB 126 be passed over and retain a place on the calendar.

 SB 194 be amended by adoption of the committee amendments and 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 76, 79, 91, 98, 108, 132, 162, 213, 219, 229, 238, 241 were advanced to Final
Action and roll call.

 SB 76, An act concerning the preservation of historic theaters; amending K.S.A. 1998
Supp. 12-1770, 12-1771 and 12-1774 and repealing the existing sections, was considered on
final action.

      On roll call, the vote was: Yeas 33, nays 6, present and passing 0; absent or not voting 1.

      Yeas: Barone, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.

      Nays: Clark, Hardenburger, Huelskamp, Pugh, Salmans, Tyson.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 79, An act relating to insurance; concerning municipal funded pools; amending K.S.A.
12-2618, 12-2620, 12-2622, 12-2627 and 44-586 and K.S.A. 1998 Supp. 12-2621, 44-584
and 44-585 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 91, An act concerning courts; relating to jurisdiction of district magistrate judges;
actions pursuant to protection from abuse act; amending K.S.A. 1998 Supp. 20-302b 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed.

 SB 98, An act concerning crimes, criminal procedure and punishment; related to
sentencing; amending K.S.A. 1998 Supp. 21-4603d 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 108, An act regarding insurance, relating to coverage for off-label use of prescription
drugs; amending K.S.A. 1998 Supp. 40-2,103 and 40-19c09 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 132, An act concerning drycleaners; amending the Kansas drycleaner environmental
response act; amending K.S.A. 1998 Supp. 65-34,144, 65-34,146, 65-34,148, 65-34,151, 65-
34,152 and 65-34,153 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 162, An act relating to Kansas insurance coverage for children; prior authorization;
amending K.S.A. 1998 Supp. 38-2001 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed.

 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, 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Nays: Huelskamp, Ranson.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 219, An act concerning the workers compensation act; relating to the administration
thereof; amending K.S.A. 44-510c, 44-519, 44-527, 44-557 and 44-5,104 and K.S.A. 1998
Supp. 44-501, 44-503, 44-510, 44-557a, 44-5,120, 44-5,122 and 44-5,125 and repealing the
existing sections; also repealing K.S.A. 1998 Supp. 44-501a and 44-503b, was considered on
final action.

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

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

      Present and passing: Bleeker.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 229, An act concerning elections; relating to appointment procedures for precinct
committees; amending K.S.A. 25-3801 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 238, An act concerning autopsies of certain persons; amending K.S.A. 22a-233 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Becker.

      The bill passed, as amended.

 SB 241, An act concerning banks and trusts companies; relating to mortgage business
and mortgage loans; amending K.S.A. 1998 Supp. 9-2201, 9-2202, 9-2203, 9-2204, 9-2205,
9-2206, 9-2207, 9-2208, and 9-2209 and repealing the existing sections, 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, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

      Nays: Tyson.

      Absent or not voting: Becker.

      The bill passed, as amended.

   On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, February
24, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.