J o u r n a l o f t h e S e n a t e TWENTY-SIXTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Tuesday, February 18, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. President Bond introduced as guest chaplain, Father Vincent E. Krische, St. Lawrence Catholic Campus Center, University of Kansas, Lawrence, who delivered the invocation: God, You are the source of all power and the inspiration of all good. Be present with us as we begin this legislative session. We are conscious of the awesome position we hold in the social order and the opportunities we have for making a better world. We face many difficult issues and know our need of Your grace. We pray for Your gift of wisdom which will enable us to promote the common good through just and right policies, possess a world view with an appreciation of unity within variety, and make decisions which are honest and true. Keep us vigilant in maintaining the highest ideals so that all the people of our State of Kansas may live full and productive lives. We offer this prayer confident of Your love. Amen COMMUNICATIONS FROM STATE OFFICERS President Bond introduced the Honorable Ron Thornburgh, Secretary of State, who delivered an official communication. To all to whom these presents shall come, Greetings: I, Ron Thornburgh, Secretary of State of the State of Kansas, do hereby certify that Edward W. Pugh, Wamego, was appointed by the Governor effective February 17, 1997, for the unexpired term, First Senatorial District, to fill the vacancy created by the resignation of Don Sallee. In Testimony Whereof: I hereto set my hand and cause to be affixed my official seal. Done at the City of Topeka this 18th day of February, A.D. 1997. Ron Thornburgh Secretary of State Senator Emert and Senator Hensley escorted Edward Pugh to the front of the chamber for the oath of office administered by the Honorable Thornburgh, as follows: Oath of Office I do solemnly swear to support the Constitution of the United States and the Constitution of the State of Kansas, and faithfully discharge the duties of the office of State Senator, First District, so help me God. Edward W. Pugh President Bond welcomed the new member, Edward Pugh, to the Senate. Also welcomed were Senator Pugh's wife, Cheri, and aunt, Helen Pugh. The roll was called with forty senators present. 152 JOURNAL OF THE SENATE INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: SB 370An act concerning the sports hall of fame; athletic events, by Committee on Federal and State Affairs. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Agriculture: SB 365. Education: SB 369. Elections and Local Government: HB 2216. Energy and Natural Resources: SB 366. Federal and State Affairs: SB 367, 368. Financial Institutions & Insurance: Sub. HB 2081; HB 2104, 2137. Judiciary: SB 364; HB 2055, 2056, 2058. Public Health and Welfare: HB 2199. Ways and Means: SB 363. CHANGE OF REFERENCE Upon unanimous consent, the President withdrew SB 245 from the Committee on Judiciary, and referred the bill to the Committee on Public Health and Welfare. Upon unanimous consent, the President withdrew SB 325 from the Committee on Assessment and Taxation, and referred the bill to the Committee on Commerce. COMMUNICATIONS FROM STATE OFFICERS KANSAS INSURANCE DEPARTMENT In compliance with the provisions of K.S.A. 40-108, Kathleen Sebelius, Insurance Commissioner, submitted the 1995 Annual Report of the Kansas Insurance Department. DEPARTMENT OF HEALTH AND ENVIRONMENT February 11, 1997 In accordance with K.S.A. 65-3406, William L. Bider, Director, Bureau of Waste Management, submitted the Kansas Solid Waste Management Plan. This plan was completed in December 1996 and adopted by Secretary James O'Connell on December 18, 1996. DEPARTMENT OF ADMINISTRATION February 12, 1997 The Fiscal Year 1996 Annual Report of the Division of Personnel Services, was submitted by William B. McGlasson, Director of Personnel Services of the Department of Administration. 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 2129, 2183, 2184, 2200, 2218. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2129, 2183, 2184, 2200, 2218 were thereupon introduced and read by title. REPORTS OF STANDING COMMITTEES The Senate Organization, Calendar and Rules Committee recommends the following changes in membership of the Senate standing committees effective immediately: Senator Edward Pugh is appointed to Judiciary replacing Senator Steffes, Utilities replacing Senator Sallee and Energy and Natural Resources replacing Senator Harrington. Senator Huelskamp is appointed to Agriculture replacing Senator Sallee. Senator Steffes is appointed to Assessment and Taxation replacing Senator Sallee. February 18, 1997 153 Senator Hardenburger is appointed Vice-Chair of the Joint Committee on Administrative Rules and Regulations, replacing Senator Salle as Vice-Chair. Committee on Assessment and Taxation recommends SB 209 be passed. Committee on Commerce recommends SB 151 be amended on page 1, after line 36, by inserting the following: ``(C) to any person with whom the telephone solicitor has an existing business relationship; or''; Also on page 1, in line 37, by striking ``(C)'' and inserting ``(D)''; On page 2, after line 8, by inserting the following: ``(5) ``negative response'' means a statement from a consumer indicating the consumer does not wish to listen to the sales presentation or participate in the solicitation presented in the consumer telephone call.''; Also on page 2, by striking all in lines 23 through 25; in line 26, by striking ``(5)'' and inserting ``(4)''; in line 29, by striking ``(6)'' and inserting ``(5)''; in line 36, before the period, by inserting : ``and when the telephone solicitor's service or equipment is capable of allowing the display of such number''; in line 37, by striking ``Telephone companies'' and inserting ``Local exchange carriers and telecommunications carriers''; in line 38, by striking all after ``section''; in line 39, by striking all before the period; and the bill be passed as amended. Committee on Elections and Local Government recommends SB 113 be amended on page 1, in line 27, by striking ``inserting the same or'' and inserting ``sponsoring the same and''; following line 28, by inserting: ``(B) publishing or causing to be published any brochure, flier or other political fact sheet which is designed or tends to aid, injure or defeat any candidate for nomination or election to a state or local office, unless such matter is followed by the name of the chairperson of the political or other organization sponsoring the same and the name of the individual who is responsible therefor; or''; Also on page 1, in line 29, by striking ``(B) or'' and inserting ``(C)''; in line 34, following ``organization'' by inserting ``and the name of the individual''; also in line 34, by striking ``or where it appears for the second time''; in line 37, by striking ``apply only'' and inserting ``not apply''; in line 38, by striking ``$100 or more'' and inserting ``less than $100''; and the bill be passed as amended. Also SB 146 be amended on page 1, in line 17, by striking ``noxious''; in line 19, by striking ``shall'' and inserting ``may''; in line 20, by striking ``noxious''; in line 25, by striking ``noxious''; in line 30, by striking ``shall'' and inserting ``may''; and the bill be passed as amended. Committee on Energy and Natural Resources recommends SB 237 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Federal and State Affairs recommends SB 173 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Financial Institutions and Insurance recommends SB 3, as amended by Senate Commerce Committee, be passed. Also SB 303 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. SB 86 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 86,'' as follows: ``SUBSTITUTE FOR SENATE BILL No. 86 By Committee on Financial Institutions and Insurance ``AN ACT relating to public moneys; concerning depositories; amending K.S.A. 9-1401, 91403, 9-1406, 9-1407, 12-1676 and 17-5002 and K.S.A. 1996 Supp. 9-701, 9-1402, 91405, 12-1675, 12-1677a, 12-1677b, 75-4201, 75-4217, 75-4218 and 75-4220 and repealing the existing sections.''; and the substitute bill be passed. Committee on Judiciary recommends SB 259 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. 154 JOURNAL OF THE SENATE Committee on Public Health and Welfare recommends SB 240 be passed. Committee on Transportation and Tourism recommends SB 131 be passed. 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 Vidricksen in the chair. On motion of Senator Vidricksen the following report was adopted: Recommended that SB 101, 122, 133 be passed. Also, SB 44, 69, 130, 282 be amended by adoption of the committee amendments and the bills be passed as amended. Senator Petty moved to amend SB 43 on page 1, in line 16, by striking ``year'' and inserting ``years''; also in line 16, after ``1997,'' by inserting ``and June 30, 1998,''; in line 23, after ``fund'' by inserting ``for the fiscal year ending June 30, 1998,''; in line 24, by striking ``$8,170,756'' and inserting ``$1,170,756''; in line 25, by striking ``full and for'' and inserting ``patrol''; following line 29, by inserting the following material to read as follows: ``(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or fiscal years specified, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: EDIF -- El Dorado state park repayment fund For the fiscal year ending June 30, 1997 $1,300,000 Provided, That expenditures shall be made from the EDIF -- El Dorado state park repayment fund on or after May 15, 1997, in the amount of $1,300,000 to pay a portion of the obligation to pay Kansas' share of the development costs incurred at El Dorado state park. For the fiscal year ending June 30, 1998..................... $1,500,000 Provided, That expenditures shall be made from the EDIF -- El Dorado state park repayment fund on or after August 15, 1997, in the amount of $1,500,000 to pay a portion of the obligation to pay Kansas' share of the development costs incurred at El Dorado state park. (c) In addition to the other purposes for which expenditures may be made by the above agency from the wildlife fee fund for the fiscal year ending June 30, 1997, as authorized by section 144(b) of chapter 191 of the 1996 Session Laws of Kansas, expenditures shall be made by the above agency from the wildlife fee fund for fiscal year 1997 for payment of $4,200,000 on May 15, 1997, to pay a portion of the obligation to pay Kansas' share of the development costs incurred at El Dorado state park. (d) On July 1, 1997, of the $3,908,698 appropriated for the above agency for the fiscal year ending June 30, 1998, by section 108(a) of 1997 Senate Bill No. 178 from the state general fund in the operating expenditures account, the sum of $1,170,756 is hereby lapsed. (e) On July 1, 1997, the expenditure limitation established by section 103(b) of 1997 Senate Bill No. 178 on the wildlife fee fund of the department of wildlife and parks is hereby increased from $17,332,639 to $18,503,395. (f) On May 15, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $1,300,000 from the Kansas economic development endowment account of the state economic development initiatives fund of the department of commerce and housing to the EDIF -- El Dorado state park repayment fund of the department of wildlife and parks. (g) On August 15, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $1,500,000 from the Kansas economic development endowment account of the state economic development initiatives fund of the department of commerce and housing to the EDIF -- El Dorado state park repayment fund of the department of wildlife and parks.''; Also on page 1, in the title, in line 9, by striking ``year'' and inserting ``years''; in line 10, after ``1997,'' by inserting ``and June 30, 1998,''. The motion failed and the amendment was rejected. February 18, 1997 155 The Committee recommended SB 43 be passed. The Committee recommended SB 87 be amended by motion of Senator Oleen on page 4, after line 19, by inserting: ``Sec. 6. K.S.A. 1996 Supp. 79-3316 is hereby amended to read as follows: 79-3316. (a) All purchases of cigarettes by any dealer shall be evidenced by an invoice, a duplicate of which shall be furnished the party receiving the cigarettes from any dealer. (b) Purchases of cigarettes by wholesale dealers shall be made from the manufacturers of cigarettes or from other Kansas licensed wholesale dealers. Purchases of cigarettes by retail dealers or vending machine operators shall be from wholesale dealers. (c) All invoices issued by wholesale dealers shall be in duplicate and a copy must accompany the consigned cigarettes. Cigarettes sold by a wholesale dealer to any other dealer shall be evidenced by invoices bearing the vendee's name and license number. A wholesale dealer selling cigarettes to a manufacturer's salesperson shall at the time of delivery of same make a true duplicate invoice inserting therein the name of the salesman together with the name of such salesperson's employer. (d) All records pertaining to sales of cigarettes by dealers in the state of Kansas shall be preserved for a period of three years and shall be available for inspection by the director or the director's designee at the dealer's place of business or, if the dealer has more than one place of business in the state, at a central location of the dealer. (e) Every wholesale dealer shall report to the director on or before the 10th day of each month, stating the amount of cigarettes sold during the preceding month and the amount of all cigarettes returned to the manufacturer. Any wholesale dealer who refuses any shipment or part of a shipment of unstamped cigarettes or has a shortage in the shipment of cigarettes consigned to such dealer shall in the monthly report next following the refusal or shortage report to the director the number of packages or cartons of cigarettes refused or short and the name of the carrier from whom the cigarettes were refused or shortage occurred. Such report shall be made on forms provided by the director and shall contain such other information as the director may require. (f) Exemption from payment of cigarette tax on sale of cigarettes made outside the state by any wholesale dealer shall be filed on forms provided by the director.''; Also on page 4, by renumbering sections 6 and 7 as section 7 and 8; in lines 20 and 21, by striking ``and 22-3609a'' and inserting ``, 22-3609a and 79-3316''; In the title, in line 9, by striking ``criminal procedure'' and inserting ``cigarettes and tobacco products''; in line 10, before ``amending'' by inserting ``concerning certain records of sales;''; in line 11, by striking ``and 22-3609a'' and inserting ``, 22-3609a and 79-3316'', and the bill be passed as amended. SB 116 be amended by motion of Senator Hardenburger on page 2, in line 6, following the period, by inserting: ``When used in this subsection ``donation'' shall not include a contribution as such term is defined by K.S.A. 25-4143, and amendments thereto.'' The bill be further amended by motion of Senator Clark on page 1, following line 13, by inserting: ``Section 1. K.S.A. 21-3914 is hereby amended to read as follows: 21-3914. (a) No person shall knowingly sell, give or receive, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records except: (1) Lists of names and addresses from public records of the division of vehicles obtained under K.S.A. 74-2012, and amendments thereto; (2) lists of names and addresses of persons licensed, registered or issued certificates or permits to practice a profession or vocation may be sold or given to, and received by, an organization of persons who practice that profession or vocation for membership, informational or other purposes related to the practice of the profession or vocation; (3) lists of names and addresses of persons applying for examination for licenses, registrations, certificates or permits to practice a profession or vocation shall be sold or given to, and received by, organizations providing professional or vocational educational materials or courses to such persons for the sole purpose of providing such persons with information relating to the availability of such materials or courses; 156 JOURNAL OF THE SENATE (4) lists of names, addresses and other information from voter registration lists may be compiled, used, given, received, sold or purchased by any person, as defined in K.S.A. 213110 and amendments thereto, solely for political campaign or election purposes; and (5) to the extent otherwise authorized by law. (b) No person shall knowingly sell, give or receive, for the purpose of solicitation of gifts or donations, any list of names and addresses contained in or derived from public records.
(b)(c) Violation of this section is a class C misdemeanor. (c)(d) The provisions of this section shall not apply to nor impose any criminal liability or penalty upon any public official, public agency or records custodian for granting access to or providing copies of public records or information containing names and addresses, in good faith compliance with the Kansas open records act, to a person who has made a written request for access to such information and has executed a written certification pursuant to subsection (c)(2) of K.S.A. 45-220 and amendments thereto.''; Also on page 1, in line 14, by striking ``Section 1.'' and inserting ``Sec. 2.''; By renumbering sections 2 and 3 as sections 3 and 4, respectively; On page 2, in line 32, by striking ``45-220 is'' and inserting ``21-3914 and 45-220 are''; In the title, in line 10, following ``K.S.A.'' by inserting ``21-3914 and''; in line 11, by striking ``section'' and inserting ``sections'', and the bill be passed as amended. SB 6 be amended by adoption of the committee amendments, be further amended by motion of Senator Corbin on page 7, in line 28, by striking ``plus three percentage points''; in line 42, by striking the comma. The bill be further amended by motion of Senator Huelskamp on page 7, in line 39, after ``documentation'' by inserting ``at or'', and the bill be passed as further amended. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, February 19, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+