gg
February 24, 1999

Journal of the Senate

THIRTY-SECOND DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, February 24, 1999--10:00 a.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 President Bond introduced as guest chaplain, Roger Alford, Pastor, New Salem Baptist
Church, Winfield, Missouri, who delivered the invocation:

         Well, Lord, since we didn't die in our sleep last night, we know that you still have
      us on this earth for a purpose. Part of that purpose, for these senators, is for Kansas
      to have good government; and for that, they need your help.

       God, I ask that you bless them physically: that they would have good health,
      strength, and energy to carry out the duties you have assigned them.

       I ask that you bless them mentally: that you enable them to use the intelligence
      you gave them. Father, you know what's best, so may they seek your wisdom. May
      they know when to compromise, and when to stand firm. May they know which
      issues are important and which issues are much ado about nothing.

       Lord, bless them emotionally: they face heartaches, stress, misunderstandings,
      fears, and concerns. May they find in you the peace that passes understanding. Part
      of their concern is their family, so please bless and protect their family. Help them
      to be a good dad, a good mom, a good husband, a good wife.

       And most of all Lord, please bless them spiritually. May they know they are greatly
      loved by you. You even went to the cross and died for them so they could have
      eternal life, if they would only place their faith in you. And then, as they walk in your
      ways, may they know that at the end of their journey when they come face to face
      with you-the greatest Lawgiver of all, the King of kings, and Lord of lords-you will
      say to them, ``Well done thou good and faithful servant.''

       And all the people said, ``Amen.''

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

   Agriculture: HB 2321

 Assessment and Taxation: SB 335; HB 2272.

 Education: HB 2191.

 Federal and State Affairs: SB 337.

 Judiciary: SB 336.

 Public Health and Welfare: HCR 5014, 5015, 5021.

CHANGE OF REFERENCE
 The President withdrew SB 154 from the Committee on Transportation and Tourism,
and referred the bill to the Committee on Ways and Means.

 The President withdrew SB 64, 258 from the Committee on Agriculture, and referred
the bills to the Committee on Ways and Means.

 The President withdrew SB 23, 231 from the Committee on Elections and Local
Government, and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 94, 148, 165, 178, 183, 184, 297 from the Committee on
Judiciary, and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 20, 144, 187, 189, 193, 233, 259, 268, 302 from the
Committee on Public Health and Welfare, and referred the bills to the Committee on Ways
and Means.

 The President withdrew SB 1, 80, 160, 253, 272, 291, 301 from the Committee on
Financial Institutions and Insurance, and referred the bills to the Committee on Ways and
Means.

 The President withdrew SB 86, 269, 290, 308, 315 from the Committee on Commerce,
and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 194 from the calendar under the heading of General Orders,
and referred the bill to the Committee on Ways and Means.

COMMUNICATIONS FROM STATE OFFICERS
    KANSAS SUPREME COURT
  State of the Judiciary
    February 1999
   Pursuant to K.S.A. 20-320, the annual report of the Chief Justice of the Kansas Supreme
Court was submitted by Kay McFarland, Chief Justice.

   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.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Hardenburger, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen and Vratil introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1825--

    A  RESOLUTION congratulating and commending Major General James F. Rueger.


      WHEREAS,  Major General James F. Rueger, who served as the Adjutant General of
the State of Kansas until February 10, is retiring March 1; and

      WHEREAS,  As Adjutant General, General Rueger headed the Kansas Army and Air
National Guard and the Division of Emergency Management. General Rueger has served
in the National Guard for 42 years, and his over eight years' service as Adjutant General is
exceeded by only two other Adjutant Generals. He has the distinction of being the Adjutant
General under three governors, Mike Hayden, Joan Finney and Bill Graves; and

      WHEREAS,  General Rueger was elected in December as chairman of the Army Reserve
Forces Policy Committee, made up of five generals each from the National Guard, Army
Reserve and active Army. He also is a member of the Total Army Analysis Study Group
within the policy committee; and

      WHEREAS,  General Rueger plans to live with his wife, Kathie, at their Beattie farm
home. Currently Mrs. Rueger teaches music in the Beattie schools. The Ruegers have two
children, John, of Olathe, a captain in the 2nd/130th Field Artillery Battalion, and Jennifer
Downard, of Topeka, and one grandchild: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Major General James F. Rueger upon his retirement as the Adjutant General for the State
of Kansas and upon completion of 42 years of service with the Kansas National Guard; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Major General James F. Rueger, 2800 SW Topeka
Boulevard, Topeka, Kansas 66611-1287.

 On emergency motion of Senator Hardenburger SR 1825 was adopted unanimously.

   Senators joined President Bond in welcoming and commending Major General Rueger
with a standing ovation.

  Remarks by Senator Hardenburger
   All of us in the Kansas Senate want to take this moment to recognize you, General Rueger,
for your 42 years of exemplary service to your country, and especially for your extraordinary
service as Adjutant General in three administrations for our great state of Kansas.

 General Rueger, said when interviewed recently that he wanted to retire when he could
walk out and feel good. He wanted to retire on a high note. General Rueger, we want to
assure you that you are retiring on a high note. We regard you as a commander of the
highest caliber, a gentleman of the first order, and a first class soldier. We wish you the best
in your retirement; however, I cannot imagine a complete retirement for Jim Rueger.

 I am sure that Kathy has some unfinished jobs for you. This spring, she just may hand
you a hoe. The local Habitat for Humanity will probably want to hand you a hammer. Your
hometown of Beattie will probably hand you a lobbyist badge to get Highway 99 straightened
out. Your grandchild will want to go fishing. Old Soldiers never die, they just change their
battle plans.

 Again, good wishes from the forty of us and our heartfelt thanks for your contribution
and service as the state's adjutant general.

   General Rueger expressed the honor he felt in having been able to serve as Adjutant
General of the State of Kansas, and thanked the senators for their past support. General
Rueger appealed for their continued support for a ready and strong Army and Air National
Guard.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends SB 54 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL No. 54,'' as follows:

    ``Substitute for SENATE BILL No. 54
  By Committee on Commerce


``AN  ACT concerning access to television services; providing restrictions on certain
premises owners relating thereto.'';
        and the substitute bill be passed.

 Committee on Elections and Local Government recommends SB 244 be amended
on page 1, in line 28, by striking ``shall'' and inserting ``may''; in line 42, after the period, by
inserting: ``Any person challenging the validity of the form of a question approved by a
county or district attorney pursuant to this subsection shall bear the burden of proving that
the form of the question is invalid.'';

      On page 2, in line 1, by striking ``review'' and inserting: ``for an opinion as to the legality
of the form of question''; and the bill be passed as amended.

 Also SB 288 be amended on page 1, in line 25, after ``Kansas'' by inserting ``ethics''; also
in line 25, by striking ``on'' where it appears for the last time; in line 26, by striking all before
``which''; in line 39, after ``Kansas'' by inserting ``ethics''; also in line 39, by striking ``on
govern-''; in line 40, by striking all before ``which''; and the bill be passed as amended.

 Committee on Utilities recommends SB 284 be amended on page 2, in line 4, after the
period, by inserting ``Commission's legal counsel shall not include any person who
participates in any proceeding before the commission or who advocates for, advises or
represents the commission's technical staff concerning any matter pending before the
commission.''; in line 41, after the period, by inserting ``Commission's legal counsel shall
not include any person who participates in any proceeding before the commission or who
advocates for, advises or represents the commission's technical staff concerning any matter
pending before the commission.'';

      On page 3, in line 33, after the period, by inserting ``Commission's legal counsel shall
not include any person who participates in any proceeding before the commission or who
advocates for, advises or represents the commission's technical staff concerning any matter
pending before the commission.'';

      On page 4, in line 23, after the period, by inserting ``Commission's legal counsel shall
not include any person who participates in any proceeding before the commission or who
advocates for, advises or represents the commission's technical staff concerning any matter
pending before the commission.''; 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
Feleciano in the chair.

 Recommended that SB 96 be passed.

 Also, SB 126 be amended by adoption of the committee amendments, and the bill be
passed as amended.

 SB 7, as amended by adoption of the committee amendments and further amended by
motion of Senator Harrington in Committee of the Whole on Tuesday, February 23, 1999,
be passed as further amended.

 SB 170 be amended by adoption of the committee amendments.

 Senator Hensley moved to amend the bill on page 5, after line 22, by inserting the
following material:

 ``(c) The department of administration is hereby authorized and directed to pay the
following amount from the general administration account of the state general fund for an
employee suggestion award program cash award to the following claimant:

Thomas P. Browne, Jr., 3730 SE 27th Terrace, Topeka, KS 66605, c/oCarol Bonebrake, Attorney at Law, 1100 Nations Bank Tower, 534Kansas Avenue, Topeka, KS 66603 $5,000.00''
   The motion failed and the amendment was rejected.

 The Committee recommended SB 170 be passed as amended by adoption of the
committee amendments.

 SB 19 be passed over and retain a place on the calendar.

   On motion of Senator Emert, the Senate recessed until 2:30 p.m.

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

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

   SB 338, An act relating to certain state buildings or facilities; concerning the statehouse,
governor's residence and Hiram Price Dillon house; procedures and requirements for
contracts, projects and donations for renovation, reconstruction, repair and other
improvement thereof; establishing the state facilities gift fund, by Committee on Ways and
Means.

 SB 339, An act concerning tobacco; relating to the master settlement agreement;
concerning payment of moneys to the state; concerning enforcement, by Committee on
Ways and Means.

CHANGE OF REFERENCE
 The President withdrew HCR 5021 from the Committee on Public Health and Welfare,
and referred the bill to the Committee on Federal and State Affairs.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2071, 2320.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2071, 2320 were thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Oleen, Bleeker, Clark, Emert, Hardenburger, Lee and Stephens introduced the
following Senate resolution, which was read:

      SENATE RESOLUTION No. 1826--

    A  RESOLUTION congratulating and commending the 1998 Kansas State
University livestock judging team.


      WHEREAS,  The Kansas State University livestock judging team won its fifth
consecutive national intercollegiate livestock judging championship during the North
American International Livestock Exposition held in Louisville, Kentucky, on November
17, 1998. This is the 15th time K-State has won the contest since its inception 95 years ago;
and

      WHEREAS,  The national competition included 36 teams and 180 individuals from
across the nation. K-State scored 4,630 points, to beat Texas A&M, Panhandle State
University, Western Illinois and Oklahoma State University, the other teams in the top five
of this national competition. The team completed an undefeated fall season, with wins in
Wichita, Kansas City, Louisville and several other cities. The team members have been
practicing since last December for about 40 hours per week; and

      WHEREAS,  Bryan Kasselman, senior, won first place in overall competition, Jamie
Horrie, senior, won second place, Matt Wallace, senior, won 17th place and Samantha Cross,
senior, won 50th place; and

      WHEREAS,  The team is coached by Scott Schaake, assistant professor of animal science,
with assistance from Les Wankel; and

      WHEREAS,  The team is composed of the following members: Beth Brautigam,
Rosebud, Missouri; Jared Breinig, Arapahoe, Nebraska; Jamie Buckland, Warren, Indiana;
Samantha Cross, Kiowa, Kansas; Daniel Davis, Maple Hill, Kansas; Teresa Douthit, St.
Francis, Kansas; Ryan Felts, Liberty, Kansas; Jamie Horrie, Toulon, Illinois; Clayton
Huseman, Ellsworth, Kansas; Bryan Kasselman, Great Bend, Kansas; Eric Kinsley,
Rochester, Minnesota; Bryan Nichols, Lindsay, Oklahoma; Casey Olson, Manhattan, Kansas;
Russell Pope, Olsburg, Kansas; Galen Slough, Gruver, Texas; Sharon Sundberg, Mendota,
Illinois; and Matt Wallace, Grady, New Mexico: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Kansas State University livestock judging team for winning its fifth consecutive national
intercollegiate livestock judging championship; and

      Be it further resolved: That the Secretary of the Senate be directed to provide 25
enrolled copies of this resolution to Marc A. Johnson, Dean of Agriculture and Director of
Agricultural Experiment Station and Cooperative Extension Service, Kansas State
University, 113 Waters Hall, Manhattan, Kansas 66506-4008.

 On emergency motion of Senator Oleen SR 1826 was adopted unanimously.

 Senator Oleen introduced and congratulated Coach Scott Schaake and the K-State
Judging Team.

REPORTS OF STANDING COMMITTEES
 Committee on Education recommends SB 129, as amended by Senate Committee On
Education and the bill, as printed with amendments by Senate Committee, be further
amended on page 4, in line 34, by striking ``, or the addition''; by striking all of line 35; in
line 36, by striking all before the period; following line 36, by inserting a new paragraph as
follows:

      ``(aa) ''Material change in services`` means an increase or decrease of 25% or more of
the duration or frequency of a special education service, a related service or a supplementary
aid or a service specified on the IEP of an exceptional child.'';

      On page 19, in line 14, after ``ment of'' by inserting ``, or a material change in services
for,''; in line 17, after ``consent'', by inserting ``to a change in placement or services''; in line
19, after ``placement'', by inserting ``or a material change in services'';

      On page 36, following line 26, by inserting three new sections as follows:

      ``Sec.  39. K.S.A. 72-5392 is hereby amended to read as follows: 72-5392. As used in
this act:

      (a) ``School district'' means any public school district organized under the laws of this
state.

      (b) ``Exceptional children'' and ``Auxiliary school special education services'' means (1)
speech and hearing diagnostic services; (2) diagnostic psychological services; (3) therapeutic
psychological and speech and hearing services; and (4) programs and services for exceptional
children have the meanings respectively ascribed thereto in K.S.A. 72-962, and amendments
thereto.

      (c) ``Private, nonprofit elementary or secondary school'' means an organization which
regularly offers education at the elementary or secondary level, which is exempt from federal
income taxation under section 501 of the federal internal revenue code of 1954, as amended,
which conforms to the civil rights act of 1964, and attendance at which satisfies any
compulsory school attendance laws of this state.

      Sec.  40. K.S.A. 72-5393 is hereby amended to read as follows: 72-5393. Any Every
school district which provides auxiliary school services to pupils attending its schools shall
provide on an equal basis the same auxiliary school special education services to every pupil,
whose parent or guardian makes a request therefor, residing for exceptional children who
reside in the school district and attending attend a private, nonprofit elementary or secondary
school, whether such school is located within or outside the school district, upon request of
a parent or guardian of any such child for the provision of such services. No school district
shall be required to provide such services outside the school district. Any such school district
may provide auxiliary special education services to all pupils attending for exceptional
children who attend a private, nonprofit elementary or secondary school located within the
school district, whether or not all such pupils children reside in the school district. Speech
and hearing diagnostic services and diagnostic psychological Special education services, if
provided in the public schools of the school district, shall be which are provided in any
under this section for exceptional children who attend a private, nonprofit elementary or
secondary school which is located in the school district. Therapeutic psychological and
speech and hearing services and programs and services for exceptional children, which
cannot may be practically provided in any the private, nonprofit elementary or secondary
school which is located in the school district, shall be provided or in the public schools of
the school district, in a public center, or in mobile units located off the private, nonprofit
elementary or secondary school premises as determined by the school district. Special
education services provided under this section for exceptional children who attend a private,
nonprofit elementary or secondary school are subject to the following requirements: (a) If
the services are provided for in the private, nonprofit elementary or secondary school,
amounts expended for the provision of such services shall be an amount up to, but not more
than, the average cost to the school district for the provision of the same services in the
public schools of the school district for children within the same category of exceptionality;
(b) if the services are provided for in the public schools of the school district, the services
shall be provided on an equal basis with the provision of such services for exceptional
children attending the public schools; and, (c) if so the services are provided in the public
schools of the school district or in a public center, transportation to and from such public
school or public center shall be provided by the school district.

      Sec.  41. K.S.A. 72-5394 is hereby amended to read as follows: 72-5394. No auxiliary
school special education services shall be provided in connection with religious courses,
devotional exercises, religious training, or any other religious activity.'';

      By renumbering sections 39 and 40 as sections 42 and 43, respectively;

      Also on page 36, in line 29, after ``72-980'', by striking ``and'' and inserting a comma; also
in line 29, after ``72-981'', by inserting ``, 72-5392, 72-5393 and 72-5394'';

      In the title, in line 13, by striking ``and'' and inserting a comma; in line 14, after ``981'',
by inserting ``, 72-5392, 72-5393 and 72-5394''; and the bill be passed as amended.

 Also SB 8 be not passed.

 Committee on Financial Institutions and Insurance recommends SB 260 be amended
by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 260,'' as
follows:

    ``Substitute for SENATE BILL No. 260
  By Committee on Financial Institutions and Insurance


``AN  ACT relating to the state banking board; transferring certain powers of the board to
      the state bank commissioner; amending K.S.A. 9-802, 9-804, 9-812, 9-908, 9-912, 9-
      1001, 9-1101a, 9-1107, 9-1127b, 9-1127c, 9-1127d, 9-1301, 9-1601, 9-1609, 9-1702, 9-
      1713, 9-1714, 9-1716, 9-1719, 9-1721, 9-1805, 9-1806, 9-1807, 9-2106 and 74-3005 and
      K.S.A. 1998 Supp. 9-535, 9-539, 9-904, 9-1101, 9-1111, 9-1135, 9-1402, 9-1801, 9-1904,
      9-2107, 9-2108, 74-3004, 74-3006, 74-3007 and 74-3008 and repealing the existing
      sections; also repealing K.S.A. 9-901b.'';

              and the substitute bill be passed.

 Also SB 271 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 271,'' as follows:

    ``Substitute for SENATE BILL No. 271
  By Committee on Financial Institutions and Insurance


AN  ACT transferring the duties of the consumer credit commissioner to the state bank
      commissioner; creating a program of consumer credit affairs within the office of the
      state bank commissioner; abolishing the office of the consumer credit commissioner;
      amending K.S.A. 16a-2-302, 74-3005, 75-1308 and 75-3135 and K.S.A. 1998 Supp. 16a-
      1-301, 74-3004 and 74-3006 and repealing the existing sections; also repealing K.S.A.
      16-403 and 16-609.'';

              and the substitute bill be passed.

 Committee on Judiciary recommends SB 103 be amended on page 2, after line 1, by
inserting the following:

      ``(1) If a juvenile offender, at the time of sentencing, is in an out of home placement
in the custody of the secretary of social and rehabilitation services under the Kansas code
for care of children code, the sentencing court may order the continued placement of the
juvenile as a child in need of care unless the offender was adjudicated for a felony or a
second, or subsequent, misdemeanor. If the adjudication was for a felony or a second, or
subsequent misdemeanor, the continued placement cannot be ordered unless the court finds
there are compelling circumstances which require, in the best interest of the juvenile, that
the placement should be continued. In considering whether compelling circumstances exist,
the court shall consider the reports and recommendations of the foster placement, the
contract provider, the secretary of social and rehabilitation services, the presentence
investigation and all other relevant factors. If the foster placement refuses to continue the
juvenile in the foster placement the court shall not order continued placement as a child in
need of care.

      (2) If a placement with the secretary of social and rehabilitation services is continued
after sentencing, the secretary shall not be responsible for any costs of sanctions imposed
under this code.

      (3) If such a juvenile offender is placed in the custody of the juvenile justice authority,
the secretary of social and rehabilitation services shall not be responsible for furnishing
services ordered in the child in need of care proceeding during the time of the placement
pursuant to the Kansas juvenile justice code. Nothing in this subsection shall preclude such
juvenile offender from accessing services provided by the department of social and
rehabilitation services or any other state agency if such juvenile is eligible for such services.'';

      Also on page 2, in line 2, before ``The'' by inserting ``(e)''; in line 41, by striking all after
the period; by striking all in lines 42 and 43;

      On page 3, in line 1, by striking ``75-7023, and amendments thereto.''; also in line 1, by
striking ``or worker''; in line 4, by striking second ``or''; in line 5, by striking ``worker'';

      On page 9, in line 27, after ``hours'' by inserting ``, excluding Saturdays, Sundays and
holidays,'';

      On page 21, in line 24, before ``for'' by inserting ``and for determination of what shall
constitute a ''significant part of a school day``'';

      On page 22, in line 38, by striking ``:(1) ''Board`` and inserting ''``, board''; in line 40, by
striking all after the period; in line 41, by striking ``classes in a school day.'';

      On page 24, in line 35, by striking all after ``to''; by striking all of line 36; in line 38 by
striking ``intake and assessment worker's'' and inserting ``law enforcement officer's''; in line
39, by striking ``Such'' and inserting ``The shelter facility or licensed attendant care''; and
the bill be passed as amended.

 Also SB 119 be amended on page 1, in line 15, after ``parents'' by inserting ``pursuant to
the Kansas code for care of children''; in line 28, after ``rights'' by inserting ``, within the
Kansas code for care of children,''; in line 29, by striking ``voluntarily and condition-''; in
line 30, by striking ``ally consented to an adoption or have''; in line 32, after ``services'' by
inserting ``, or other licensed child placement agency,''; also in line 32, by striking ``shall''
and inserting ``may''; in line 35, by striking ``a conditional consent to adoption''; in line 36,
by striking ``or''; in line 37, by striking ``conditional consent to adoption or'';

      On page 2, in line 12, after ``Every'' by inserting ``written''; also in line 12, by striking
``of'' and inserting ``or''; in line 17, by striking ``or writ-''; in line 18, by striking ``ten consent
to the adoption''; in line 19, by striking ``or consent, or both''; in line 22, after ``court'' by
inserting ``hearing the action as filed pursuant to the Kansas code for care of children shall
exercise jurisdiction to consider entering a decree of adoption and if a decree of adoption
is entered, the court''; also in line 22, by striking ``after the decree of adoption is''; in line
23, by striking ``entered''; and the bill be passed as amended.

 SB 205 be amended on page 1, in line 17, by striking all after the comma; in line 18, by
striking all before ``or''; in line 25, by striking ``, subject'' and inserting a period; in line 26,
by striking ``to the following: (1)''; by striking all in lines 27 through 36; in line 38, after
``determines'', by inserting ``by clear and convincing evidence''; and the bill be passed as
amended.

 Committee on Utilities recommends SB 243 be amended by substituting a new bill to
be designated as ``Substitute for SENATE BILL No. 243,'' as follows:

    ``Substitute for SENATE BILL No. 243
  By Senator Corbin


AN  ACT concerning electric generation facility siting; amending K.S.A. 66-1,159, 66-1,160,
      66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-1,158 and 66-
      1,169b and repealing the existing sections.'';

              and the substitute bill be passed.

 Also SB 257 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 257,'' as follows:

    ``Substitute for SENATE BILL No. 257
  By Committee on Utilities


AN  ACT concerning electric transmission lines; amending K.S.A. 66-104b, 66-104d and 66-
      1,177 and K.S.A. 1998 Supp. 66-128 and repealing the existing sections; also repealing
      K.S.A. 66-1,178, 66-1,179, 66-1,180, 66-1,181 and 66-1,182.'';

              and the substitute bill be passed.

       Committee on Ways and Means recommends SB 156, 316 be passed.

      COMMITTEE OF THE WHOLE
 The Senate returned to consideration of bills under the heading of General Orders with
Senator Ranson in the chair.

 Recommended that SB 125, 143, 181, 292 be passed.

 Also, HCR 5002 be adopted.

 The committee report on Sub SB 270 recommending a substitute bill be adopted and
the substitute bill be passed.

 SB 78, 110, 190, 207, 245 be amended by adoption of the committee amendments, and
the bills be passed as amended.

 SB 97 be amended by adoption of the committee amendments, and further amended by
motion of Senator Emert on page 1, after line 14, by inserting the following:

      ``Section  1. K.S.A. 61-2703 is hereby amended to read as follows: 61-2703. As used in
this act:

      (a) ``Small claim'' means a claim for the recovery of money or personal property, where
the amount claimed or the value of the property sought does not exceed $1,800, exclusive
of interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments
thereto. In actions of replevin, the verified petition fixing the value of the property shall be
determinative of the value of the property for jurisdictional purposes. A small claim shall
not include:

      (1) An assigned claim;

      (2) a claim based on an obligation or indebtedness allegedly owed to a person other
than the person filing the claim, where the person filing the claim is not a full-time, salaried
employee president or treasurer of a corporation as permitted in K.S.A. 61-2707 and
amendments thereto, or, if the person bringing the claim is not a corporation but is not an
individual, is not an equivalent officer in title and function to the president or treasurer of
the person to whom the obligation or indebtedness is allegedly owed; or

      (3) a claim obtained through subrogation.

      (b) ``Person'' means an individual, partnership, corporation, fiduciary, joint venture,
society, organization or other association of persons.'';

      Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 2.'';

      On page 2, in line 13, by striking ``2'' and inserting ``3''; also in line 13, after ``K.S.A.'' by
inserting ``61-2703 and''; also in line 13, by striking ``is'' and inserting ``are''; in line 14, by
striking ``3'' and inserting ``4'';

      On page 1, in the title, in line 11, after ``K.S.A.'' by inserting ``61-2703 and''; in line 12,
by striking ``section'' and inserting ``sections'', and the bill be passed as further amended.

 SB 92, 106, 168 be passed over and retain a place on the calendar.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, February
25, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.