J o u r n a l o f t h e S e n a t e THIRTEENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, January 30, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. President Bond introduced as guest chaplain, The Rev. John A. DeVeaux, Jr., Pastor, St. John A. M. E. Church, Topeka, Kansas, who delivered the invocation: Our God, Who art the sole source of peace and righteousness, take charge and take care of these Thy servants who have been chosen and invested with the authority to establish the rules and conditions by which all of the people of this State shall be governed and supported. Join them together in the mutually uplifting enterprise of seeking that which is good and just for this State and tune their hearts, minds, energies, and wills to discover remedies for troubling evils; to find and establish ways to bring solace to the poor and needy; to expand opportunities for every citizen to live with self esteem and to make worthwhile contributions to the general welfare through labor and loving outreach; and to demonstrate by precept and example of the faith that Thou art God, all the people of this State are of one great family, and no discouragements will prevent us from a future of joy and peace. Forgive us our shortcomings. Hear our thanksgiving. Bless us all, we pray, because Thy way is truth and Thy Name is Love. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 147An act relating to oil and gas; prescribing information to be included with payments to interest owners from sales of oil and gas, by Committee on Utilities. SB 148An act concerning oil and gas; relating to natural gas gathering systems; providing for regulation of certain entities; concerning certain natural gas public utilities and common carriers; amending K.S.A. 1996 Supp. 55-150 and repealing the existing section, by Committee on Utilities. SB 149An act concerning agriculture; creating the Kansas agricultural seed commission; establishing the powers and duties thereof, by Committee on Agriculture. SB 150An act concerning the Kansas open records act; providing an exception thereto; amending K.S.A. 1996 Supp. 45-221 and repealing the existing section; also repealing K.S.A. 1996 Supp. 45-221d, by Committee on Commerce. SB 151An act concerning consumer protection; relating to telephone solicitation; amending K.S.A. 50-670 and repealing the existing section, by Committee on Commerce. SB 152An act concerning the high performance incentive program; amending K.S.A. 1996 Supp. 74-50,131 and 74-50,134 and repealing the existing sections, by Committee on Commerce. SB 153An act making and concerning appropriations for the fiscal years ending June 30, 1997, and June 30, 1998, and authorizing certain financing, for certain capital improvement projects for the state fair board, department of social and rehabilitation services, Kansas state school for the blind, Kansas state school for the deaf, department of corrections, state historical society, insurance department, department of administration, department of commerce and housing, state board of regents, Fort Hays state university, Kansas state university, Kansas state university--veterinary medical center, Kansas state university--extension systems and agriculture research programs, Emporia state university, Pittsburg state university, university of Kansas, university of Kansas medical center, Wichita state university, department of human resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of investigation, Kansas highway patrol, adjutant general and department of wildlife and parks; authorizing the initiation and completion of certain capital improvement projects; and directing or authorizing certain disbursements and acts incidental to the foregoing, by Committee on Ways and Means. SB 154An act concerning the Kansas public employees retirement system; relating to definitions; life insurance; survivor provisions; purchase of participating service credit; amending K.S.A. 1996 Supp. 20-2601, 74-4902, 74-4913, 74-4914e, 74-4919a, 74-4919c and 74-4919h and repealing the existing sections, by Joint Committee on Pensions, Investments and Benefits. SB 155An act concerning crimes and punishments; creating the crime of giving a check drawn against a closed account; prescribing penalties therefor, by Committee on Judiciary. SB 156An act concerning civil actions; relating to shoplifting; parents or guardians of minors; amending K.S.A. 60-3331 and repealing the existing section, by Committee on Judiciary. SB 157An act concerning sun screening devices on motor vehicles; relating to law enforcement officers and private detectives; amending K.S.A. 8-1749a and repealing the existing section, by Committee on Judiciary. SB 158An act concerning crimes, punishment and criminal procedure; directing judicial districts to establish own recognizance-cash deposit pretrial release programs, by Committee on Federal and State Affairs. SB 159An act concerning alcoholic liquor; relating to certain distributors; amending K.S.A. 1996 Supp. 41-306 and 41-306a and repealing the existing sections, by Committee on Federal and State Affairs. SB 160An act authorizing the establishment of state charter schools, by Senators Lawrence, Bleeker, Brownlee, Clark, Hardenburger, Harrington, Jordan, Praeger, Ranson, Salisbury, Sallee, Steffes, Umbarger and Vidricksen. SB 161An act relating to property taxation; concerning appeals from appraised valuation determinations; amending K.S.A. 74-2426, 74-2437, 74-2439, 79-331, 79-1409, 79-1412a, 79-1426, 79-1458 and 79-1472 and K.S.A. 1996 Supp. 79-1404, 79-1404a, 79-1413a, 791437f, 79-1448, 79-1604, 79-1606 and 79-1608 and repealing the existing sections; also repealing K.S.A. 79-1470 and K.S.A. 1996 Supp. 79-1481, 79-1494, 79-1609, 79-1610 and 79-1611, by Committee on Assessment and Taxation. SB 162An act relating to property taxation; concerning the exemption therefrom for farm machinery and equipment; amending K.S.A. 1996 Supp. 79-201j and repealing the existing section, by Committee on Assessment and Taxation. SB 163An act concerning payment of wages of certain state officers and employees; amending K.S.A. 1996 Supp. 75-5515 and repealing the existing section, by Senators Sallee, Biggs, Corbin, Feleciano, Goodwin, Hardenburger, Hensley, Morris, Praeger and Steineger. SENATE CONCURRENT RESOLUTION No. 1605-- By Committee on Agriculture A CONCURRENT RESOLUTION requesting the department of Commerce and Housing to form a task force to investigate and research the viability of nonpsychoactive industrial hemp as an alternative crop. WHEREAS, Around the nation, there is a new interest in growing nonpsychoactive industrial hemp as an alternative crop; and WHEREAS, The plant serves as a good rotation crop, choking out weeds and surviving without the aid of pesticides; and WHEREAS, The plant can be grown in many climates and under many conditions; and WHEREAS, Many industries, including those in textiles, food, oil and building materials are showing an interest in nonpsychoactive industrial hemp; and WHEREAS, American industry is currently importing the plant for industry use: Now, therefore, Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the department of Commerce and Housing shall form a task force to investigate and research the viability of nonpsychoactive industrial hemp as an alternative crop; and Be it further resolved: That the task force, through the department of Commerce and Housing, shall submit its report and recommendations to the Governor, the chairpersons and ranking minority members of the committees on Commerce, Economic Development, and Agriculture of the Senate and House of Representatives and to the Secretary of the Senate and the chief clerk of the House of Representatives on or before January 12, 1998. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: SB 141, 142. Commerce: SB 135, 136, 137. Elections and Local Government: SB 143, 144, 145, 146. Judiciary: SB 140. Transportation and Tourism: SB 138, 139. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF HEALTH AND ENVIRONMENT December 30, 1996 Secretary of Health and Environment, James J. O'Connell, as required by law, submitted an Annual Report describing how the State has met the goals and objectives of the Kansas Water Pollution Control Revolving Loan Program. A draft of this report was provided in January, 1996, but publication of the final report was delayed pending receipt of EPA acceptance. In compliance with statute a copy of the Final Annual Report for Federal Fiscal Year 1995 as accepted by the EPA was enclosed. DEPARTMENT OF HEALTH AND ENVIRONMENT January 13, 1997 James J. O'Connell, Secretary of Health and Environment, submitted a copy of the Draft Annual Report for Federal Fiscal Year 1996. KANSAS, INC. January 10, 1997 Charles R. Warren, President, Kansas, Inc., submitted the 1997 strategic plan, A Kansas Vision for the 21st Century, a new strategy for economic development. DEPARTMENT OF ADMINISTRATION January 13, 1997 As required in K.S.A. 75-37,110, Dan Stanley, Secretary of Administration, provided a report on the activities of the Employee Award Board. DEPARTMENT OF ADMINISTRATION January 13, 1997 In compliance with K.S.A. 75-6509, Terry D. Bernatis, Health Benefits Administrator, submitted the State of Kansas Health Care Benefits Program Annual Report. KANSAS STATE HISTORICAL SOCIETY January 27, 1997 A copy of the State Records Board Annual Report for fiscal year 1996, was submitted by Patricia Michaelis, State Archivist, Secretary, State Records Board. The President announced the above reports are on file in the office of the Secretary of the Senate and are available for review at any time. MESSAGE FROM THE HOUSE Announcing passage of HB 2023, 2045. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2023, 2045 were thereupon introduced and read by title. REPORTS OF STANDING COMMITTEES Committee on Agriculture recommends SB 63 be amended on page 1, in line 16, by striking ``is injured, disabled or''; in line 17, by striking all before ``perma-'' and inserting the following: ``: (1) Is infected with a disease that''; Also on page 1, in line 18, by striking ``. Such injury,''; by striking all in line 19; in line 20, before ``severe'' by inserting the following: ``; (2) has''; Also on page 1, also in line 20, by striking ``, any livestock that'' and inserting the following: ``; (3) has severe actinomycosis; (4)''; Also on page 1, in line 21, by striking ``and any livestock with'' and inserting the following: ``; or (5) has an''; Also on page 1, also in line 21, by striking ``bones'' and inserting the following: ``bone or other fractures or dislocation of a joint that renders the livestock unable to bear weight on the affected limb without that limb collapsing''; in line 24, by striking ``injured, disabled or diseased beyond recovery'' and inserting: ``in any of the conditions described in subsection (a)''; On page 2, in line 37, by striking ``permanently disabled''; and the bill be passed as amended. Also SB 82 be amended on page 1, in line 32, by striking ``500'' and inserting ``250''; and the bill be passed as amended. Committee on Assessment and Taxation recommends SB 22 be amended on page 5, in line 19, after ``owned'' by inserting ``, leased''; in line 20, by striking all after the second comma; in line 21, by striking ``agreement,''; and the bill be passed as amended. Committee on Judiciary recommends SB 8 be amended on page 7, in line 8, after ``after'', by inserting ``January 1, 1998, and''; and the bill be passed as amended. Also SB 68 be amended on page 2, in line 6, by striking ``the treat-''; in line 7, by striking ``ment facility'' and inserting ``a participating mental health center,''; On page 5, in line 16, by striking ``delivered'' and inserting ``sent''; On page 10, in line 7, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 88 reported correctly engrossed January 29, 1997. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 31, 1997.