March 10, 1999

Journal of the Senate

FORTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, March 10, 1999--2:45 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-eight senators present.

 Senators Harrington and Lee were excused.

 Invocation by Chaplain Fred S. Hollomon:

         Heavenly Father,

         Even though we complain about the intense schedule, the unjust criticism, and
      the frustrations, I doubt there are any of us who doesn't experience a touch of awe
      as we approach this imposing edifice on ninth street.

           There is so much history here, Lord. While we assemble day after day, every once
      in a while we may seem to hear the echoes of debates reaching back into the
      nineteenth century. And we might even sense the presence of outstanding Senators
      of the past who have sat where we sit and stood where we stand.

           Over the years twenty-eight of them have gone on to Congress, two of whom are
      serving there today. Fifteen of our thirty-eight governors once served in this
      chamber. It is entirely possible that future Congressmen and Congresswomen and
      Governors are standing here as we pray.

           As we go through the routine of committees and caucuses and General Orders,
      let us never lose the sense of history that permeates this place. After all, we are told
      in Your Book ``The powers that be are ordained of God.''

           And for that we are most grateful in the Name of Christ,

           AMEN

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

   SB 348, An act concerning disclosure of certain information received by the department
of revenue; amending K.S.A. 75-5133 and repealing the existing section, by Committee on
Ways and Means.

 SB 349, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; postretirement benefit increase, by
Committee on Ways and Means.

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

     Assessment and Taxation: HB 2011.

 Commerce: HB 2446.

 Federal and State Affairs: HB 2427.

 Judiciary: SB 347.

MESSAGE FROM THE GOVERNOR
 SB 122 approved on March 9, 1999.

COMMUNICATIONS FROM STATE OFFICERS
    SUPREME COURT OF KANSAS
  Kansas Judicial Center
    February 26, 1999
   Pursuant to K.S.A. 8-1008(e), Howard Schwartz, Judicial Administrator, submitted a
Statement of ADSAP Program assessments and expenditures for calendar year 1998.

   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 2048.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2048 was thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Feleciano, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, 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 and Vratil introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1832--

    A  RESOLUTION congratulating and commending Colonel Lonnie R. McCollum.


      WHEREAS,  On March 19, 1999, Colonel Lonnie R. McCollum will retire from the
Kansas Highway Patrol; and

      WHEREAS,  He has served the citizens of the state of Kansas for 31 years in various
capacities from Trooper to Superintendent; and

      WHEREAS,  He began his career with the Kansas Highway Patrol in November 1968
when he was assigned to Hays as a field trooper. In May 1979 he was promoted to Aircraft
Trooper, remaining in Hays. In June 1985 he was promoted to Sergeant and transferred to
the Kansas Highway Patrol Training Center in Salina; in May 1987 he was promoted to the
rank of Lieutenant and assumed responsibility for the Breath Control Unit; and in December
1992 he was appointed as Superintendent of the Kansas Highway Patrol; and

      WHEREAS,  During the leadership tenure of Colonel Lonnie R. McCollum, the Kansas
Highway Patrol was elevated to national recognition and became the standard by which
other state police agencies were judged; and

      WHEREAS,  His leadership in the field of criminal interdiction consistently placed the
Kansas Highway Patrol among the top 10 nationwide in drug and contraband seizure; and

      WHEREAS,  During his tenure he was responsible for the following highly successful
programs initiated by the Kansas Highway Patrol:

                Defining the agency mission and goals statement

                  Honor guard detail

                  Voluntary transfer program

                  Peer support program

                  Motorist assistance program

                  Special response team

                  Fleet vehicle program

                  Critical highway accident response team

                  Expansion of the canine unit

                  State of the art advancement in equipment

                  Mobile command post

                  Acquisition of retired Army helicopters for expanded flight operations
                  capabilities; and

     

      WHEREAS,  Colonel Lonnie R. McCollum has dedicated 31 years of outstanding service
to the citizens of the great state of Kansas, and as such, has made Kansas a safer place for
all: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Colonel Lonnie R. McCollum upon his retirement as Superintendent of the Kansas Highway
Patrol and for having given 31 years of service to the citizens of the State of Kansas; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Colonel Lonnie R. McCollum, Superintendent, Kansas
Highway Patrol, 122 W. 7th, Topeka, Kansas 66603.

 On emergency motion of Senator Feleciano SR 1832 was adopted unanimously.

 Senator Feleciano and members of the senate honored Colonel McCollum with a standing
ovation.

REPORTS OF STANDING COMMITTEES
      Committee on Elections and Local Government recommends HB 2429, as amended
by House on Final Action, be passed.

      Committee on Financial Institution and Insurance recommends HB 2280, as
amended by House Committee, be passed.

 Also SB 291 be amended on page 2, in line 23, by striking all after ``65''; in line 24, by
striking all before ``exceeds'';

      On page 6, in line 24, by striking ``prior to April 28, 1996''; in line 25, after ``insurers''
by inserting ``issuing or''; in line 26, by striking ``sold prior to April 28, 1996,'';

      On page 9, preceding line 4, by inserting the following new section:

      Sec.  4. K.S.A. 1998 Supp. 40-2221 is hereby amended to read as follows: 40-2221. In
addition to any other statutory authority not inconsistent herewith, the commissioner shall
adopt rules and regulations establishing specific standards for medicare supplement policies
delivered or issued for delivery in this state. The standards so established shall equal, or
may exceed, the minimum standards and requirements permitted by section 1395SS(b)(B)
of the federal social security act (42 U.S.C. § 1395 et seq.). In addition, an issuer of a
medicare supplement policy: (a) Shall not deny coverage to an applicant under 65 years of
age who becomes eligible for a medicare by reason of disability if such person makes
application for medicare supplement policy within six months of the first day on which such
person enrolls for benefits under medicare part B;
      (b) may not condition the issuance or effectiveness of a medicare supplement policy
issued to a person eligible for medicare by reason of disability because of the health status,
claims experience, receipt of health care, or medical condition of such applicant if such
applicant makes application for a medicare supplement policy during the six month period
beginning with the first day of the month in which such applicant enrolls for benefits under
medicare part B;
      (c) shall make available to persons eligible for medicare by reason of disability each
type of medicare supplement policy such issuer makes available to person eligible for
medicare by reason of age; and
      (d) shall not charge individuals who become eligible for medicare by reason of disability
and who are under the age of 65 premium rates for any medical supplemental insurance
benefit plan offered by the issuer that exceeds the issuer's premium rates charged for such
plan to individuals who are age 65.``;

      By renumbering the remaining sections accordingly;

      Also on page 9, in line 4, by striking ``and'' and inserting a comma; also in line 4, following
``40-2121'' by inserting ``and 40-2221'';

      In the title, in line 12, by striking ``and'' where it appears the first time and inserting a
comma; also in line 12, following ``40-2121'' by inserting ``and 40-2221''; and the bill be
passed as amended.

      HB 2090, as amended by House Committee, be amended on page 2, in line 29, by
striking ``an aggregate of 10,000'';

      On page 3, in line 35, by striking all after ``taxes''; by striking all in line 36; in line 37, by
striking all before the period and inserting ``shall be refunded to the taxpayer''; and the bill
be passed as amended.

      Committee on Transportation and Tourism recommends HB 2094 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.

      Committee on Ways and Means recommends SB 102 be passed.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 11,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.