March 28, 2000

Journal of the Senate

FIFTY-FIFTH DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, March 28, 2000--9:00 a.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with forty senators present.

 Invocation by Chaplain Fred S. Hollomon:

     Heavenly Father,

                                               When you told me to love You, I was glad to do that.

                                           When you told me to love my family, I had no problem with that.

                                           When you told me to love my neighbor, I could handle that.

                                           But when you told me to love my enemy, that was when I said, ``How can I love someone
                                          who hates me?''

                                           And You said, ``The eyes of love see beyond the words and behavior of a person. They
                                          see what makes your enemy act the way he does.

                                           ``They see the sleepless night that leaves your enemy tired and irritable.

                                           ``They see the discrimination on the job that makes your enemy bitter.

                                           ``They see the angry fight at home that leaves your enemy frustrated.

                                           ``They see the stabbing pain that makes a beautiful day turn dark and dreary.

                                           ``But, most of all, the eyes of love are not content to look at what your enemy is, but at
                                          what he can become.''

                                               O, God, give me the eyes of love so I can see not only why my enemy acts the way he
                                          does, but also how You can turn my enemy into my friend.

                                               I ask this in Jesus' Name,

                                               AMEN

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was referred to Committee as indicated:

   Elections and Local Government: Sub HB 2864.

CHANGE OF REFERENCE
 The Vice-President withdrew Sub HB 2591 from the Committee on Education, and
referred the bill to the Committee on Ways and Means.

 The Vice-President withdrew HB 2855 from the Committee on Ways and Means, and
referred the bill to the calendar under the heading of General Orders.

 The Vice-President withdrew HB 3019 from the Committee on Commerce, and referred
the bill to the Committee on Federal and State Affairs.

MESSAGE FROM THE HOUSE
 Announcing, the House nonconcurs in Senate amendments to Senate Substitute for
HB 2945, requests a conference and has appointed Reps. Holmes, Sloan and McClure as
conferees on the part of the House.


 Also, rejection of SB 464, 532, 566.

 The House accedes to the request of the Senate for a conference on SB 501 and has
appointed Representatives Johnson, Schwartz and Weiland as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on Substitute SB 599
and has appointed Representatives Boston, Geringer and Henry as conferees on the part of
the House.

 The House accedes to the request of the Senate for a conference on SB 611 and has
appointed Representatives Hayzlett, Ballou and Larkin as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SCR 1626 and has
appointed Representatives Johnson, Schwartz and Weiland as conferees on the part of the
House.

 The House announces the appointment of Rep. Nichols to replace Rep. Reardon as a
conferee on SB 389.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Steffes the Senate nonconcurred in the House amendments to
SB  79 and requested a conference committee be appointed.

 The Vice-President appointed Senators Steffes, Praeger and Feleciano, as a conference
committee on the part of the Senate.

 On motion of Senator Kerr the Senate nonconcurred in the House amendments to
H  Sub for SB 138 and requested a conference committee be appointed.

 The Vice-President appointed Senators Kerr, Salisbury and Petty, as a conference
committee on the part of the Senate.

 On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB  224 and requested a conference committee be appointed.

 The Vice-President appointed Senators Emert, Vratil and Goodwin, as a conference
committee on the part of the Senate.

 On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB  366 and requested a conference committee be appointed.

 The Vice-President appointed Senators Emert, Vratil and Goodwin, as a conference
committee on the part of the Senate.

 On motion of Senator Corbin the Senate nonconcurred in the House amendments to
SB  388 and requested a conference committee be appointed.

 The Vice-President appointed Senators Huelskamp, Vratil and Biggs as a conference
committee on the part of the Senate.

 On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB  429 and requested a conference committee be appointed.

 The Vice-President appointed Senators Emert, Vratil and Goodwin, as a conference
committee on the part of the Senate.

 On motion of Senator Ranson the Senate nonconcurred in the House amendments to
SB  431 and requested a conference committee be appointed.

 The Vice-President appointed Senators Salisbury, Ranson and Barone, as a conference
committee on the part of the Senate.

 On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 463 and requested a conference committee be appointed.

 The Vice-President appointed Senators Hardenburger, Becker and Gooch, as a
conference committee on the part of the Senate.

 On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 465 and requested a conference committee be appointed.

 The Vice-President appointed Senators Hardenburger, Becker and Gooch, as a
conference committee on the part of the Senate.

 On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 513 and requested a conference committee be appointed.

 The Vice-President appointed Senators Praeger, Salmans and Steineger, as a conference
committee on the part of the Senate.


 On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 541 and requested a conference committee be appointed.

 The Vice-President appointed Senators Praeger, Salmans and Steineger, as a conference
committee on the part of the Senate.

 On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 555 and requested a conference committee be appointed.

 The Vice-President appointed Senators Praeger, Salmans and Steineger, as a conference
committee on the part of the Senate.

ORIGINAL MOTION
 On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on S Sub for Sub HB 2007.

 The Vice-President appointed Senators Oleen, Vratil and Jones as conferees on the part
of the Senate.

 On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 2670.

 The Vice-President appointed Senators Oleen, Harrington and Jones as conferees on the
part of the Senate.

 On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on S Sub for HB 2945.

 The Vice-President appointed Senators Salisbury, Ranson and Barone as conferees on
the part of the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Agriculture recommends HCR 5063 be adopted.

 Also HCR 5070 be amended on page 2, in line 5, after ``the'' by inserting ``Kansas''; also
in line 5, before ``Department'' where it appears for the second time by inserting ``Kansas'';
also in line 5, after ``Commerce'' by inserting ``and Housing'';

      On page 1, in the title, in line 9, after ``the'' by inserting ``Kansas''; in line 10, before
``Department'' by inserting ``Kansas''; also in line 10, after ``Commerce'' by inserting ``and
Housing''; and the concurrent resolution be adopted as amended.

 Committee on Public Health and Welfare recommends HB 3005 be amended on page
1, in line 36, after ``extend'' by inserting: ``, without the approval of the secretary of social
and rehabilitation services,''; and the bill be passed as amended.

 Committee on Ways and Means recommends HB 3009, as amended by House
Committee, be passed.

REPORT ON ENGROSSED BILLS
 SB 381, 398, 592; SCR 1624, 1644 reported correctly engrossed March 27, 2000.

 Also SB 514 reported correctly re-engrossed March 27, 2000.

REPORT ON ENROLLED BILLS
 SB 529 reported correctly enrolled, properly signed and presented to the Governor on
March 27, 2000.

 SR 1827, 1828, 1829, 1830, 1831, 1832 reported correctly enrolled, properly signed
and presented to the Secretary of the Senate on March 27, 2000.

   On motion of Senator Emert, the Senate recessed until 2:00 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with President Bond in the chair.
CHANGE OF REFERENCE
 The President withdrew Sub SB 554 from the Committee on Ways and Means and
rereferred the bill to the Committee on Public Health and Welfare.


MESSAGE FROM THE GOVERNOR
March 28, 2000
  To the Senate of the State of Kansas:

   Submitted herewith for confirmation by the Senate is an appointment made by me as
Governor of the State of Kansas as of March 28, 2000, pursuant to law.

                                                                                      Bill Graves

                                                                                    Governor

  Long-term Care Ombudsman, Matthew Hickam, pursuant to the authority vested in me by
KSA 75-7304, effective upon the date of confirmation by the Senate to serve a four-year
term expiring January 15, 2004.

MESSAGE FROM THE HOUSE
 Announcing, the House concurs in Senate amendments to HB 2646.

 The House concurs in Senate amendments to HB 2768.

 The House accedes to the request of the Senate for a conference on SB 393 and has
appointed Representatives Wilk, Horst and Sharp as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2328, requests a conference and
has appointed Reps. Benlon, Powers and Welshimer as conferees on the part of the House.

 The House nonconcurs in Senate amendments to Senate Substitute HB 2561, requests
a conference and has appointed Reps. Hayzlett, Ballou and Larkin as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to Senate Substitute HB 2627, requests
a conference and has appointed Reps. Benlon, Powers and Findley as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2860, requests a conference and
has appointed Reps. Freeborn, Ray and Flora as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2861, requests a conference and
has appointed Reps. Freeborn, Ray and McClure as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2985, requests a conference and
has appointed Reps. Freeborn, Ray and Flora as conferees on the part of the House.

 Announcing, the House nonconcurs in Senate amendments to HB 2700, requests a
conference and has appointed Reps. Boston, Geringer and Henry as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2755, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.

 The House nonconcurs in Senate amendments to Senate Substitute HB 2782, requests
a conference and has appointed Reps. Freeborn, Light and Tedder as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2905, requests a conference and
has appointed Reps. O'Neal, Carmody and Pauls as conferees on the part of the House.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 Senator Emert moved the Senate concur in house amendments to SB 224.

 SB 224, An act concerning district coroners; notification and investigation of deaths;
amending K.S.A. 22a-230, 22a-231 and 22a-232 and repealing the existing sections.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The Senate concurred.


   Senator Oleen moved the Senate concur in house amendments to SB 475.

 SB 475, An act concerning the interstate emergency management assistance compact;
authorizing the governor to execute such compact on behalf of the state.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The Senate concurred.

   Senator Hardenburger moved the Senate concur in house amendments to SB 517.

 SB 517, An act concerning legislative journals; amending K.S.A. 45-116 and repealing
the existing section.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The Senate concurred.

   Senator Vidricksen moved the Senate concur in house amendments to SB 536.

 SB 536, An act concerning boating safety education; providing for an approved course
of instruction; requiring certain persons to obtain a certificate of completion; amending
K.S.A. 32-1102 and repealing the existing section.

 On roll call, the vote was: Yeas 31, Nays 9, Present and Passing 0, Absent or Not Voting
0.

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

 Nays: Bleeker, Clark, Corbin, Goodwin, Huelskamp, Oleen, Pugh, Salmans, Tyson.

 The Senate concurred.


EXPLANATION OF VOTE
 Mr. President: I vote no on SB 536. It's amazing--those who can legally drink and
boat (age 21 and older) don't need to take boater safety courses--young folks are singled
out again while the vast majority of boat operators ``sail free.''--Lana Oleen

   Senator Hardenburger moved the Senate concur in house amendments to SB 642.

 SB 642, An act concerning the Kansas City area transportation authority; amending
K.S.A. 12-2531 and repealing the existing section.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The Senate concurred.

   On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 462 and requested a conference committee be appointed.

 The President appointed Senators Hardenburger, Becker and Gooch as a conference
committee on the part of the Senate.


FINAL ACTION ON CONSENT CALENDAR
 HB 2767 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.

 HB 2767, An act transferring control of certain maps from the secretary of human
resources to the state geologist; amending K.S.A. 49-201 and repealing the existing section.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The bill passed.

ORIGINAL MOTION
 On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on HB 2328.

 The President appointed Senators Hardenburger, Becker and Gooch as conferees on the
part of the Senate.

 On motion of Senator Vidricksen, the Senate acceded to the request of the House for a
conference on S Sub for HB 2561.

 The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the
part of the Senate.

 On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on S Sub for HB 2627.

 The President appointed Senators Hardenburger, Praeger and Hensley as conferees on
the part of the Senate.

 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2700.

 The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2755.

 The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

 On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on S Sub HB 2782.

 The President appointed Senators Ranson, Clark and Barone as conferees on the part of
the Senate.

 On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2860.

 The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

 On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2861.

 The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

 On motion of Senator Vidricksen, the Senate acceded to the request of the House for a
conference on HB 2883.

 The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the
part of the Senate.

 On motion of Senator Vidricksen, the Senate acceded to the request of the House for a
conference on HB 2884.

 The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the
part of the Senate.


 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2905.

 The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.

 On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2985.

 The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Education recommends HB 2799 be amended on page 1, after the
enacting clause, by inserting a new section as follows:

      ``Section  1. (a) The state board of education shall prepare a strategy for identifying,
developing, and implementing a mastery of basic reading skills program in kindergarten and
each of grades one through three of school districts based upon the goal of mastery of basic
reading skills by pupils upon completion of the third grade. In carrying out this directive,
the state board shall:

      (1) Identify state standards and outcomes of mastery of basic reading skills in
kindergarten and each of grades one through three;

      (2) prepare a plan for monitoring the progress of pupils in kindergarten and at each
applicable grade level in achieving mastery of basic reading skills; and

      (3) specify the means to be used for determining mastery of basic reading skills by each
pupil upon completion of grade three.

      (b) The state board's strategy shall include a component for requiring school districts
to provide interventions for pupils who are not making satisfactory progress toward
mastering basic reading skills such as, but not limited to, a restructured school day, additional
school days, summer school, or individualized instruction.

      (c) The state board of education shall report to the 2001 legislature a strategy and
proposed plan for implementing the mastery of basic reading skills program with
development of standards during the 2001-02 school year and commencement of the plan
in the 2002-03 school year. The state board report to the 2001 legislature shall include
estimates of the cost to the state of implementing the program.'';

      By renumbering sections 1 through 5 as sections 2 through 6, respectively;

      Also on page 1, in line 12, by striking ``this act'' and inserting ``sections 2 through 5, and
amendments thereto''; in line 19, after ``has'', by inserting ``been selected by the board of
education of a school district on the basis of having''; in line 22, after ``by'', by inserting ``the
board of education of a school district in accordance with guidelines prescribed by''; in line
26, by striking ``shall'' and inserting ``may''; in line 27, before ``may'', by inserting ``,
commencing with the 2001-02 school year,''; in line 39, by striking ``under this act'' and
inserting ``for maintenance of a mentor teacher program''; in line 42, by striking ``The'' and
inserting ``On or before January 1, 2001, the''; in line 43, by striking ``this act'' and inserting
``mentor teacher programs'';

      On page 2, in line 4, by striking ``qualification'' and inserting ``determination of exemplary
teaching ability''; also in line 4, after ``teachers'', by inserting ``for qualification''; in line 6,
after ``selection'', by inserting ``by boards of education''; also in line 6, after ``teachers'', by
inserting ``and for the provision by boards of education of training programs for mentor
teachers''; by striking all of lines 7 and 8; in line 9, by striking ``(6)'' and inserting ``(5)''; in
line 10, by striking ``(7)'' and inserting ``(6)''; in line 13, by striking ``Within the limits'' and
inserting ``Subject to the availability''; in line 14, after the comma, by inserting ``and within
the limits of any such appropriations,''; in line 16, before ``amount'', by striking ``the'' and
inserting ``an''; also in line 16, after ``amount'', by striking ``of'' and inserting ``not to exceed'';
also in line 16, by striking ``first-year'' and inserting ``mentor''; in line 17, by striking ``mentor
teacher''; in line 26, by striking ``the'' and inserting ``an''; also in line 26, by striking ``of'' and
inserting ``not to exceed''; also in line 26, by striking ``for each first-year teacher mentored'';

      In the title, in line 9, after ``ACT'' by inserting ``concerning education; providing for
preparation of a strategy for development and implementation of a mastery of basic reading
skills program;''; and the bill be passed as amended.


 Committee on Energy and Natural Resources recommends SB 571 be amended by
substituting a new bill to be designated as ``Substitute for SENATE BILL No. 571,'' as
follows:

``Substitute for SENATE BILL No. 571
By Committee on Energy and Natural Resources


``AN  ACT concerning natural gas; authorizing certain refunds and reimbursements of
      refunds of certain ad valorem tax reimbursements; authorizing the issuance of bonds
      and imposing a tax on certain transportation of natural gas.'';

            and the substitute bill be passed.

 Committee on Federal and State Affairs recommends HB 2687, as amended by House
Committee, be passed.

 Committee on Judiciary recommends SB 589 be passed.

 Also, HB 2501, as amended by House Committee, be passed.

 HB 2772, as amended by House Committee, be amended on page 2, by striking all in
lines 40 through 43;

      On page 3, by striking all in line 1; in line 2, by striking ``(q)''; in line 13, by striking ``(r)''
and inserting ``(q)''; after line 16, by inserting the following:

      ``Sec.  2. K.S.A. 1999 Supp. 39-1411 is hereby amended to read as follows: 39-1411. (a)
The secretary of health and environment shall maintain a register of the reports received
and investigated by the department of health and environment under K.S.A. 39-1402 and
39-1403, and amendments to such sections, and the findings, evaluations and actions
recommended by the department with respect to such reports. The findings, evaluations
and actions shall be subject to such notice and appeals procedures as may be adopted by
rules and regulations of the secretary of health and environment, which rules and regulations
shall be consistent with the Kansas administrative procedures act and any requirements of
state or federal law relating thereto except that the secretary shall not be required to conduct
a hearing in cases forwarded to the appropriate state authority under subsection (b). The
register shall be available for inspection by personnel of the department of health and
environment as specified by the secretary of health and environment and to such other
persons as may be required by federal law and designated by the secretary of health and
environment by rules and regulations. Information from the register shall be provided as
specified in K.S.A. 1999 Supp. 65-6205 and amendments thereto. The secretary of health
and environment shall forward a copy of any report of abuse, neglect or exploitation of a
resident of an adult care home to the secretary of aging.

      (b) The secretary of health and environment shall forward any finding of abuse, neglect
or exploitation alleged to be committed by a provider of services licensed, registered or
otherwise authorized to provide services in this state to the appropriate state authority which
regulates such provider. The appropriate state regulatory authority, after notice to the
alleged perpetrator and a hearing on such matter if requested by the alleged perpetrator,
may consider the finding in any disciplinary action taken with respect to the provider of
services under the jurisdiction of such authority. The secretary of health and environment
may consider the finding of abuse, neglect or exploitation in any licensing action taken with
respect to any adult care home or medical care facility under the jurisdiction of the secretary.

      (c) If the investigation of the department of health and environment indicates reason
to believe that the resident is in need of protective services, that finding and all information
relating to that finding shall be forwarded by the secretary of health and environment to
the secretary of social and rehabilitation services.

      (d) Except as otherwise provided in this section, the report received by the department
of health and environment and the written findings, evaluations and actions recommended
shall be confidential and shall not be subject to the open records act. Except as otherwise
provided in this section, the name of the person making the original report to the department
of health and environment or any person mentioned in such report shall not be disclosed
unless such person specifically requests or agrees in writing to such disclosure or unless a
judicial or administrative proceeding results therefrom. In the event that an administrative
or judicial action arises, no use of the information shall be made until the judge or presiding
officer makes a specific finding, in writing, after a hearing, that under all the circumstances
the need for the information outweighs the need for confidentiality. Except as otherwise

provided in this section, no information contained in the register shall be made available to
the public in such a manner as to identify individuals.'';

      And by renumbering sections accordingly;

      Also on page 3, in line 17, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 39-1411
are'';

      On page 1, in the title, in line 10, by striking ``crime victims restitution''; and inserting
``victims of crime, abuse, neglect or exploitation''; also in line 10, after ``to'' by inserting
``restitution,''; also in line 10, after the second semicolon, by inserting ``investigations by the
department of health and environment, application of Kansas administrative procedures
act;''; in line 11, after ``19-4804'' by inserting ``and K.S.A. 1999 Supp. 39-1411''; also in line
11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.

 HB 2805, as amended by House Committee of the Whole, be amended on page 1, in
line 17, by striking ``New''; by striking all in lines 39 through 42;

      By striking all on pages 2 through 4;

      On page 5, by striking all in lines 1 through 39;

      And by renumbering section 4 as section 2;

      On page 1, in the title, in line 13, by striking all after ``devices''; in line 14, by striking all
before the period; and the bill be passed as amended.

 Committee on Public Health and Welfare recommends SB 593 be amended by
substituting a new bill to be designated as ``Substitute for SENATE BILL No. 593,'' as
follows:

``Substitute for SENATE BILL No. 593
By Committee on Public Health and Welfare


``AN  ACT concerning the Kansas healing arts act; exceptions; amending K.S.A. 65-2872
and repealing the existing section.'';


      and the substitute bill be passed.

 Committee on Ways and Means recommends SB 656 be passed.

 Also SB 506 be amended on page 1, in line 19, by striking all after (b); by striking all of
lines 20 through 25 and inserting the following material to read as follows:

      ``All moneys credited to the judicial branch nonjudicial salary initiative fund shall be used
for compensation of nonjudicial officers and employees of the district courts, court of appeals
and the supreme court and shall not be expended for compensation of judges or justices of
the judicial branch. Moneys in the fund shall be used only to pay for that portion of the
cost of salaries and wages of nonjudicial personnel of the judicial branch, including
associated employer contributions, which shall not exceed the difference between the
amount of expenditures that would be required under the judicial branch pay plan for
nonjudicial personnel in effect prior to the effective date of this act and the amount of
expenditures required under the judicial branch pay plan for nonjudicial personnel after the
cost-of-living adjustments and the adjustments for upgrades in pay rates for nonjudicial
personnel approved by the chief justice of the Kansas supreme court for fiscal year 2001.
For fiscal years commencing on and after June 30, 2001, moneys in such fund shall be used
only for the amount attributable to maintenance of the judicial branch pay plan for
nonjudicial personnel for such adjustments and upgrades approved by the chief justice of
the supreme court for fiscal year 2001.'';

      Also on page 1, in line 28, all after ``to''; in line 29, by striking all before ``approved'' and
inserting ``payrolls'';

      On page 4, in line 22, by striking ``$46'' and inserting ``$53''; in line 34, by striking ``$46''
and inserting ``$53''; in line 41, by striking ``$46'' and inserting ``$53'';

      On page 5, in line 9, by striking ``The''; by striking all of lines 10 and 11; in line 17, by
striking ``5.34%'' and inserting ``6.01%''; in line 18, by striking ``3.42%'' and inserting
``3.34%''; in line 20, by striking ``2.63%'' and inserting ``2.57%''; in line 22, by striking ``.71%''
and inserting ``.70%''; in line 24, by striking ``2.11%'' and inserting ``2.06%''; in line 26, by
striking ``5.33%'' and inserting ``5.20%''; in line 28, by striking ``.44%'' and inserting ``.43%'';
in line 30, by striking ``1.56%'' and inserting ``1.52%''; in line 34, by striking ``1.844%'' and
inserting ``1.80%''; in line 36, by striking ``21.28%'' and inserting ``22.37%'';


      On page 6, in line 3, by striking ``140.00'' and inserting ``145.00''; in line 4, by striking
``105.00'' and inserting ``110.00''; in line 16, by striking ``$46'' and inserting ``$53''; in line
19, by striking ``$46'' and inserting ``$53''; in line 24, by striking ``$46'' and inserting ``$53'';
in line 27, by striking ``$46'' and inserting ``$53'';

      On page 7, in line 20, by striking ``$100'' and inserting ``$87'';

      On page 8, in line 24, by striking ``$45'' and inserting ``$44''; in line 25, by striking ``$75''
and inserting ``$65''; in line 41, by striking ``$25'' and inserting ``$22''; in line 42, by striking
``$45'' and inserting ``$40'';

      On page 1, in the title, in line 13, by striking ``1999 Supp.''; and the bill be passed as
amended.

 Substitute for HB 2323 be amended on page 1, following line 21, by inserting the
following:

      ``(c) Any transactions involving payment by credit card pursuant to this section shall not
be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.

      (d) The provisions of this section shall not apply to any fees, fines or charges imposed
by the secretary of corrections on offenders under the jurisdiction of the secretary of
corrections.

      (e) Any municipal university, community college, technical college, or vocational
educational school, having the meanings respectively ascribed thereto by K.S.A. 74-3201b,
and amendments thereto, accepting payment of fees, tuition or other charges in the form
of a credit card shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments
thereto.'';

      Also on page 1, in the title, in line 9, by striking ``concerning state agencies; relating to''
and inserting ``prescribing procedures for''; also in line 9, before ``fees'' by inserting ``certain'';
and the substitute bill be passed as amended.

 HB 2570 be amended on page 1, in line 27, by striking ``and''; in line 28, by striking
``three persons'' and inserting ``two representatives of local law enforcement,''; also in line
28, by striking the period and inserting ''; and

      (8) three persons appointed by the governor, except that no current member of the
legislature of the state of Kansas shall be eligible for appointment pursuant to this
subparagraph (a)(8).''

      On page 2, in line 21, by striking ``No-''; in line 22, by striking ``vember 1, 2000'' and
inserting ``January 1, 2001''; and the bill be passed as amended.

 Substitute for HB 2605, as amended by House Committee of the Whole, be amended
on page 1, in line 30, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 31, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 33, by striking ``state historical society''
and inserting ``department of history and preservation''; also in line 33, by striking ``state
historical''; in line 34, by striking ``society'' and inserting ``department of history and
preservation'';

      On page 2, in line 27, by striking ``2001'' and inserting ``2000''; in line 29, by striking
``state historical society'' and inserting ``department of history and preservation''; in line 31,
by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 32, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 34, by striking ``shall'' and inserting ``may''; also in line 34, by striking
``state historical society'' and inserting ``department of history and preservation''; in line 37,
by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 38, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 40, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 3, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 2, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 6, by striking ``state historical society'' and
inserting ``department of history and preservation''; in line 11, by striking ``shall'' and
inserting ``may''; in line 12, by striking ``state historical society'' and inserting ``department
of history and preservation''; in line 14, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 16, by striking ``state historical society''

and inserting ``department of history and preservation''; in line 17, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 18, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 21, by
striking ``state historical''; in line 22, by striking ``society'' and inserting ``department of
history and preservation''; in line 24, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 42, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 4, in line 4, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 5, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 11, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 16, by striking ``2001'' and
inserting ``2000''; in line 23, by striking ``2001'' and inserting ``2000''; in line 27, by striking
``2001'' and inserting ``2000''; in line 32, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 33, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 36, by striking ``2001'' and
inserting ``2000''; also in line 36, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 39, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 42, by striking ``2001'' and
inserting ``2000''; in line 43, by striking ``2001'' and inserting ``2000'';

      On page 5, in line 5, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 7, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 9, by striking ``2001'' and inserting ``2000'';
in line 10, by striking ``state''; in line 11, by striking ``historical society'' and inserting
``department of history and preservation''; in line 16, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 19, by striking ``2001'' and
inserting ``2000''; in line 20, ``2001'' and inserting ``2000''; in line 25, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 26, by
striking ``2001'' and inserting ``2000''; in line 34, by striking ``state historical society'' and
inserting ``department of history and preservation''; in line 37, by striking ``2001'' and
inserting ``2000''; in line 38, by striking ``state historical society'' and inserting ``department
of history and preservation''; in line 43, by striking ``2001'' and inserting ``2000'';

      On page 6, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 2, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 4, by striking ``2001'' and inserting ``2000'';
also in line 4, by striking ``state historical so-''; in line 5, by striking ``ciety'' and inserting
``department of history and preservation''; also in line 5, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 8, by striking ``state historical
society'' and inserting ``department of history and preservation''; also in line 8, by striking
all after ``Kansas''; in line 9, by striking ``ciety'' and inserting ``department of history and
preservation''; in line 10, by striking ``2001'' and inserting ``2000''; in line 13, by striking
``state historical society'' and inserting ``department of history and preservation''; in line 14,
by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 16, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 20, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 21, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 25, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 35, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 38, by striking all
after ``Kansas''; in line 39, by striking ``society'' and inserting ``department of history and
preservation'';

      On page 7, in line 3, by striking ``2001'' and inserting ``2000''; also in line 3, by striking
``state historical society'' and inserting ``department of history and preservation''; in line 6,
by striking ``state historical society'' and inserting ``department of history and preservation'';
also in line 6, by striking all after ``Kansas''; in line 7, by striking all before the period and
inserting ``department of history and preservation''; in line 12, by striking ``2001'' and
inserting ``2000''; also in line 12, by striking all after ``Kansas''; in line 13, by striking
``historical society'' and inserting ``department of history and preservation''; also in line 13,

by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 26, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 27, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 31, by striking ``2001'' and inserting ``2000''; in line 33, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 35, by striking ``2001'' and inserting ``2000''; in line 39, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 8, in line 22, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 42, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 9, in line 23, by striking all after ``Kansas''; in line 24, by striking ``society'' and
inserting ``department of history and preservation'';

      On page 10, in line 11, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 16, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 21, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 11, in line 25, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 29, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 34, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 39, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 13, in line 10, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 13, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 14, in line 17, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 15, in line 31, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 17, in line 6, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 28, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 18, in line 6, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 19, in line 2, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 20, in line 6, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 8, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 15, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 26, by striking all after
``Kansas''; in line 27, by striking ``society'' and inserting ``department of history and
preservation''; in line 31, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 33, by striking all after ``Kansas''; in line 34, by striking all
before the period and inserting ``department of history and preservation''; in line 35, by
striking all after ``Kansas''; in line 36, by striking all before the period and inserting
``department of history and preservation''; in line 42, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 21, in line 4, by striking all after ``Kansas''; in line 5, by striking ``society'' and
inserting ``department of history and preservation''; in line 9, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 11, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 19, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 23, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 25, by striking all after ``Kansas''; in line 26, by striking all before the
period and inserting ``department of history and preservation''; in line 33, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 37, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 40, by striking all after ``Kansas''; in line 41, by striking ``torical society'' and inserting

``department of history and preservation''; in line 43, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 22, in line 4, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 6, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 8, by striking ``state historical society'' and
inserting ``department of history and preservation''; in line 21, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 31, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 35, by
striking ``state historical society'' and inserting ``department of history and preservation'';

      On page 23, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 2, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 6, by striking ``state historical society'' and
inserting ``department of history and preservation''; in line 7, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 33, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 40, by
striking ``state historical society'' and inserting ``department of history and preservation'';

      On page 24, in line 11, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 18, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 25, in line 23, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 26, in line 38, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 28, in line 6, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 18, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 29, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 37, by striking all after
``Kansas''; in line 38, by striking ``society'' and inserting ``department of history and
preservation''; in line 39, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 29, in line 8, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 25, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 27, by striking all after ``Kansas''; in line
28, by striking ``torical society'' and inserting ``department of history and preservation''; in
line 31, by striking ``state historical society'' and inserting ``department of history and
preservation'';

      On page 30, in line 2, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 29, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 42, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 31, in line 11, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 20, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 32, in line 2, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 21, by striking all after ``Kansas''; in line 22, by striking all
before the comma and inserting ``department of history and preservation''; in line 28, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 31, by striking ``state''; in line 32, by striking ``historical society'' and inserting
``department of history and preservation'';

      On page 33, in line 4, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 17, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 19, by striking ``state''; in line 20, by striking
``historical society'' and inserting ``department of history and preservation''; in line 23, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 25, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 26, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 28, by striking ``state historical society'' and inserting

``department of history and preservation''; in line 31, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 34, by striking all after
``Kansas''; in line 35, by striking all before ``shall'' and inserting ``department of history and
preservation'';

      On page 34, in line 5, by striking all after ``Kansas''; in line 6, by striking ``society'' and
inserting ``department of history and preservation''; in line 8, by striking all after ``Kansas'';
in line 9, by striking ``society'' and inserting ``department of history and preservation''; in
line 14, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 32, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 42, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 35, in line 5, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 9, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 11, by striking ``state''; in line 12, by striking
``historical society'' and inserting ``department of history and preservation''; also in line 12,
by striking all after ``Kansas''; in line 13, by striking ``society'' and inserting ``department of
history and preservation''; in line 14, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 18, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 27, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 28, by striking all
after ``Kansas''; in line 29, by striking ``society'' and inserting ``department of history and
preservation''; in line 32, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 41, by striking ``state''; in line 42, by striking all before the
period and inserting ``department of history and preservation'';

      On page 36, in line 9, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 10, by striking all after ``Kansas''; in line 11, by striking
``torical society'' and inserting ``department of history and preservation''; in line 12, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 17, by striking ``state historical society'' and inserting ``department of history and
preservation''; in lines 21 and 22, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 23, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 26, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 34, by striking ``state
historical society'' and inserting ``department of history and preservation''; in lines 36 and
37, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 39, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 37, in line 4, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 6, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 12, by striking ``2001'' and inserting ``2000'';
in line 18, by striking ``2001'' and inserting ``2000''; in line 23, by striking ``2001'' and inserting
``2000''; in line 30, by striking ``state historical society''; in line 31, before ``shall'' by inserting
``department of history and preservation'';

      On page 38, in line 36, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 39, in line 6, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 8, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 10, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 13, by striking ``state historical
society'' and inserting ``department of history and preservation''; in lines 31 and 32, by
striking ``state historical society'' and inserting ``department of history and preservation'';

      On page 40, in line 25, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 37, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 41, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 41, in line 2, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 9, by striking ``state historical society'' and inserting

``department of history and preservation''; in line 24, by striking ``state historical society''
and inserting ``department of history and preservation''; in lines 30 and 31, by striking ``state
historical society'' and inserting ``department of history and preservation'';

      On page 42, in line 4, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 9, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 18, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 35, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 43, in line 13, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 30, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 37, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 40, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 44, in line 6, by striking ``state historical society''; in line 7, before ``or'' by
inserting ``department of history and preservation''; in line 15, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 19, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 22, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 28, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 30, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 33, by striking ``state historical''; in line 34, by striking
``society'' and inserting ``department of history and preservation''; in line 42, by striking ``state
historical society'' and inserting ``department of history and preservation'';

      On page 45, in line 9, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 15, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 26, by striking ``state his-''; in line 27, by
striking ``torical society'' and inserting ``department of history and preservation''; in line 43,
by striking ``state historical society'' and inserting ``department of history and preservation'';

      On page 46, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 7, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 11, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 22, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 47, in line 3, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 22, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 26, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 48, in line 32, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 34, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 38, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 49, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 50, in line 22, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 23, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 52, in line 17, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 26, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 33, by striking ``state historical society''
and inserting ``department of history and preservation''; also in line 33, by striking ``state
his-''; in line 34, by striking ``torical society'' and inserting ``department of history and
preservation''; in line 40, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 53, in line 5, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 14, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 15, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 25, by striking ``state historical

society'' and inserting ``department of history and preservation''; in line 34, by striking ``state
historical society'' and inserting ``department of history and preservation'';

      On page 54, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 3, by striking ``state historical''; in line 4, by striking
``society'' and inserting ``department of history and preservation''; in line 37, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 40, by
striking ``state historical''; in line 41, ``society'' and inserting ``department of history and
preservation'';

      On page 55, in line 7, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 10, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 20, by striking ``state historical society'';
also in line 20, before ``is'' by inserting ``department of history and preservation''; in line 25,
by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 30, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 37, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 40, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 56, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 5, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 6, by striking ``state''; in line 7, by striking
``historical society'' and inserting ``department of history and preservation''; in line 19, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 28, by striking ``state''; in line 29, by striking ``historical society'' and inserting
``department of history and preservation''; in line 35, by striking ``state historical society''
and inserting ``department of history and preservation'';

      On page 57, in line 1, by striking ``state historical''; in line 2, by striking ``society'' and
inserting ``department of history and preservation''; in line 12, by striking ``state historical'';
in line 13, by striking ``society'' and inserting ``department of history and preservation''; in
line 19, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 26, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 32, by striking ``state historical society''; in line 34, before
``created'' by inserting ``department of history and preservation''; in line 41, by striking ``state
historical society'' and inserting ``department of history and preservation'';

      On page 58, in line 3, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 6, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 18, by striking ``state historical''; in line
19, by striking ``society'' and inserting ``department of history and preservation''; in line 23,
by striking ``state historical society'' and inserting ``department of history and preservation'';
in line 25, by striking ``state''; in line 26, by striking ``historical society'' and inserting
``department of history and preservation''; in line 33, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 36, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 59, in line 1, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 3, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 10, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 14, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 21, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 23, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 32, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 33, by striking ``state''; in line 34, by striking ``historical society'' and
inserting ``department of history and preservation''; in line 39, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 42, by striking
``state''; in line 43, by striking ``historical society'' and inserting ``department of history and
preservation'';

      On page 60, in line 5, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 14, by striking ``state historical society'' and inserting

``department of history and preservation''; in line 22, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 23, by striking ``state''; in line
24, by striking ``historical society'' and inserting ``department of history and preservation'';
in line 27, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 38, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 61, in line 8, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 16, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 17, by striking ``state''; in line 18, by striking
``historical society'' and inserting ``department of history and preservation''; in line 24, by
striking ``state historical society'' and inserting ``department of history and preservation''; in
line 27, by striking ``state historical society'' and inserting ``department of history and
preservation''; in line 31, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 33, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 35, by striking ``state historical society''
and inserting ``department of history and preservation''; in line 36, by striking ``state historical
society'' and inserting ``department of history and preservation''; in line 38, by striking ``state
historical society'' and inserting ``department of history and preservation''; in line 40, by
striking ``state historical society'' and inserting ``department of history and preservation'';

      On page 62, in line 10, by striking ``2001'' and inserting ``2000''; in line 12, by striking
``state historical society'' and inserting ``department of history and preservation''; in line 13,
by striking ``2001'' and inserting ``2000''; in line 15, by striking ``state historical society'' and
inserting ``department of history and preservation''; in line 17, by striking ``2001'' and
inserting ``2000''; in line 20, by striking ``state historical society'' and inserting ``department
of history and preservation''; in line 24, by striking ``state historical society'' and inserting
``department of history and preservation'';

      On page 63, in line 33, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 64, in line 36, by striking ``state historical''; in line 37, by striking ``society'' and
inserting ``department of history and preservation'';

      On page 66, in line 3, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 19, by striking ``July''; in line 20, by striking ``1, 2001, and'';

      In the title, in line 10, by striking all after ``Kansas''; in line 11, by striking ``torical society''
and inserting ``department of history and preservation''; and the substitute bill be passed as
amended.

REPORT ON ENROLLED BILLS
 SCR 1629, 1632; Sub for SCR 1634; SCR 1636, 1645 reported correctly enrolled,
properly signed and presented to the Secretary of State on March 28, 2000.

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
Oleen in the chair.

 On motion of Senator Oleen the following report was adopted:

   Recommended HB 2103 be passed.

 A motion by Senator Vratil to amend HB 2103 failed and the following amendment was
rejected: On page 1, lines 23 and 24, by striking the phrase ``If such person is not required
by law to obtain a hunting license or is less than 27 years of age, the person'' and inserting
the phrase ``Any person required to have completed an approved hunter education course.''

 SB 619 be amended by adoption of the committee amendments.

 Senator Huelskamp moved to amend the bill on page 3, line 10, by inserting ``The
exemption in this section shall expire on July 1, 2002.'' The motion failed and the amendment
was rejected.

 The committee recommended SB 619 be passed as amended.

 S Sub for HB 2357 be amended by adoption of the committee amendments.


 Senator Lawrence moved to amend the bill as amended by Senate Committee, on page
3, in line 29, after the period, by inserting ``If the board of education disapproves the petition,
the board shall notify the petitioner of the disapproval and the reasons therefor. The board
of education may offer suggestions for improvement of the petition and permit a revised
petition to be submitted for reconsideration.'';

      On page 4, following line 12, by inserting a new paragraph as follows:

      ``(f) If, upon receipt of a petition for establishment or continuation of a charter school,
a board of education denies the petition upon a finding that the petition is not satisfactory
or that the school does not qualify for establishment or continuation, does not offer specific
suggestions for improvement of the petition or qualification of the school and does not
permit a revised petition to be submitted, the petitioner may appeal the decision to the state
board of education within 30 days after receipt of the decision by filing a notice of appeal
with the state board and the board of education. Within 30 days after receipt of the appeal
notice, the state board shall schedule an appeal hearing. The hearing must be held within
30 days after receipt of the appeal notice and must be conducted at a location in the affected
school district. The state board shall render its decision on the appeal within 60 days after
the hearing. If the state board finds that the petition reflects a clear understanding of the
source of low pupil performance, identifies specific solutions including a staff development
plan and contains an appropriate evaluation plan and that the board's decision to deny the
petition was contrary to the best interests of the pupils, school district, or community, the
state board shall issue an order to the board of education with instruction to the board for
approval and establishment or renewal of the charter school.'';

      Also on page 4, in line 13, by striking ``(f)'' and inserting ``(g)'';

      On page 5, in line 16, by striking ``not''; in line 17, by striking ``; however, the charter''
and inserting ``to the state board of education as provided in subsection (f) of K.S.A. 1999
Supp. 72-1906, and amendments thereto. Charter'';

      In the title, in line 12, after the semicolon, by inserting ``providing for an appeal to the
state board of education from denial by a board of education of a petition for establishment
or continuation of a charter school;''

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 20, Nays 20, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Bleeker, Brownlee, Clark, Corbin, Donovan, Hardenburger, Harrington,
Huelskamp, Jordan, Kerr, Lawrence, Morris, Pugh, Ranson, Salisbury, Salmans, Steffes,
Steineger, Tyson, Umbarger.

 Nays: Barone, Becker, Biggs, Bond, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hensley, Jones, Langworthy, Lee, Oleen, Petty, Praeger, Stephens, Vidricksen,
Vratil.

 The motion failed and the amendment was rejected.

 The committee recommended S Sub for HB 2357 be passed as amended.

 HB 2727 be amended by adoption of the committee amendments, be further amended
by motion of Senator Tyson as amended by Senate Committee, on page 4, in line 22, by
striking ``an''; in line 23, by striking all before the comma and inserting ``the person's parent,
stepparent, guardian or grandparent''

 HB 2727 was further amended by motion of Senator Umbarger as amended by Senate
Committee, on page 2, in line 27, by striking all after the period; by striking all in lines 28
through 33, and HB 2727 was passed as further amended.

 Sub HB 2144 be amended by adoption of the committee amendments, be further
amended by motion of Senator Corbin as amended by Senate Committee, on page 5, after
line 36, by inserting:

      ``New Sec.  6. (a) No person shall sell or offer for sale in Kansas any motor-vehicle fuel,
as defined in K.S.A. 79-3401, and amendments thereto, containing methyl tertiary-butyl
ether (MTBE), except as provided in this act.

      (b) On and after July 1, 2002, no motor-vehicle fuel delivered to any service station
within Kansas shall contain MTBE in quantities greater than 0.5% by volume. On and after
July 1, 2003, no motor-vehicle fuels delivered at the pump to any motor vehicle in Kansas
shall contain MTBE in quantities greater than 0.5% by volume.


      (c) On and after July 1, 2002, the motor-vehicle fuel retailer shall be provided, at the
time of delivery of motor-vehicle fuel, on an invoice, bill of lading, shipping paper or other
documentation, a declaration of the MTBE content, by volume percent, in the motor-vehicle
fuel delivered.

      (d) On and after July 1, 2001, a notice stating ''THIS FUEL CONTAINS MTBE`` shall
be displayed on each dispenser from which motor-vehicle fuel containing MTBE in excess
of the detection limit of the approved test method is sold to the public. The letters on the
notice shall be at least 1/2 inch in height and 1/16 inch stroke (width of type). The notice shall
be conspicuously displayed on the upper 50% of the dispenser front panel in a position clear
and conspicuous from the driver's position.

      (e) Determination of the volume percentage of MTBE in motor-vehicle fuel shall be
by one or more test methods approved by the secretary of agriculture.

      (f) In no event shall the provisions of this act be interpreted to authorize quantities of
MTBE in motor-vehicle fuels to exceed those specified in any applicable Kansas or federal
statute.

      (g) The secretary of health and environment or the director of the division of
environment, upon a finding that a person knowingly and willfully has violated this section,
may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial
economic deterrent to the violation for which it is assessed. In the case of a continuing
violation, every day such violation continues shall be deemed a separate violation. No such
penalty shall be imposed except after notice of violation and opportunity for hearing upon
the written order of the secretary or the director of the division of environment issued to
the person who committed the violation. The order shall state the violation, the penalty to
be imposed and the right to request a hearing thereon. The request for hearing shall be in
writing, directed to the secretary and filed with the secretary within 15 days after service of
the order. The hearings shall be conducted in accordance with the Kansas administrative
procedure act.

      (h) Nothing in this section shall be construed to abridge, limit or otherwise impair the
right of any person to damages or other relief on account of injury to persons or property
and to maintain any action or other appropriate proceeding therefor.

      (i) The provisions of this section shall not take effect until the United States
environmental protection agency grants a waiver allowing the state of Kansas to control or
prohibit the use of MTBE in motor-vehicle fuels.'';

      By renumbering the remaining sections accordingly;

      In the title, in line 10, after ``ACT'' by inserting ``relating to water; prohibiting sales of
motor-vehicle fuel containing certain chemicals threatening water quality and providing
penalties for violations;''

 Senator Morris offered an amendment to Sub HB 2144; a ruling of the chair was
requested as to the germaneness of the amendment. The chair ruled the amendment not
germane to the bill.

 The amendment was withdrawn.

 The committee recommended Sub HB 2144 be passed as further amended.

 S Sub for HB 2224 be amended by adoption of the committee report recommending a
substitute bill, be amended by motion of Senator Vratil on page 25, in line 1, after ``services''
by inserting ``and to the school districts affected by the agreement''

, and S Sub for HB 2224 be passed as amended.

 SB 547; S Sub for HB 2513, S Sub for HB 2624 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 619; HB 2103; Sub HB 2144; S Sub for HB 2224; S Sub for HB 2357; HB
2727 were advanced to Final Action and roll call.

   SB 619, An act concerning insurance; relating to health maintenance organizations;
amending K.S.A. 1999 Supp. 40-3202, 40-3209, 40-3220, 40-3227, 40-3606 and 45-221 and
repealing the existing sections.


 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The bill passed, as amended.

 HB 2103, An act concerning certificates of completion of hunter education; amending
K.S.A. 32-920 and repealing the existing section.

 On roll call, the vote was: Yeas 30, Nays 10, Present and Passing 0, Absent or Not Voting
0.

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

 Nays: Becker, Bleeker, Brownlee, Donovan, Emert, Goodwin, Oleen, Ranson, Salisbury,
Vratil.

 The bill passed.

  Sub HB 2144, An act relating to water; prohibiting sales of motor-vehicle fuel
containing certain chemicals threatening water quality and providing penalties for violations;
concerning the multipurpose small lakes program; amending K.S.A. 82a-1602, 82a-1603,
82a-1604, 82a-1605 and 82a-1606 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp.

 The substitute bill passed, as amended.

  S Sub for HB 2224, An act concerning children; relating to juveniles; placement of
child in need of care; juvenile offenders, placement, credit for time spent, notice of release,
offender registration; juvenile correctional staff; school attendance; amending K.S.A. 38-
1568 and K.S.A. 1999 Supp. 22-4904, 38-1632, 38-1663, 38-1664, 38-1673, 38-1674, 38-
1675, 38-1676, 38-1691, 38-16,129, 72-1113 and 75-7023 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 Nays: Pugh.

 The substitute bill passed, as amended.

 S Sub for HB 2357, An act concerning charter schools; increasing the number of such
schools authorized to be operated in the state; amending K.S.A. 1999 Supp. 72-1905, 72-
1906 and 72-1907 and repealing the existing sections.

 On roll call, the vote was: Yeas 34, Nays 6, Present and Passing 0, Absent or Not Voting
0.

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

 Nays: Bond, Gooch, Jones, Langworthy, Petty, Vratil.

 The substitute bill passed, as amended.


 HB 2727, An act concerning big game; amending K.S.A. 1999 Supp. 32-937 and repealing
the existing section.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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.

 The bill passed, as amended.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Wednesday, March
29, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.