The Senate was called to order by President Dick Bond.
The roll was called with thirty-eight senators present.
Senators Corbin and Huelskamp were excused.
Invocation by Chaplain Fred S. Hollomon:
Almost everything we do up here
Has a variety of ramifications.
Some folks are happy and others are not
Because of every legislation.
It took a majority to send us here,
But how do we serve the majority,
By passing a bill to benefit them
Without sometimes hurting the minority?
And how do I show appreciation
For those who voted for me
Without neglecting the needy people
With whom I disagree?
How do I do what's good for the state
And the constitution I swore to uphold,
When what I do that's good for the state
Leaves my district out in the cold?
And how to stay loyal to my party
When a bill that they've introduced
Might harm the products back home
Which most of my people produce?
I could keep on listing dilemmas
In which I'm constantly caught.
Please help me, Lord, to decide
How to do all that I ought!
I pray in the Name of Christ,
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Public Health and Welfare: HB 2724.
CHANGE OF REFERENCE
The President withdrew SB 534, 655 from the Committee on Public Health and Welfare,
and referred the bills to the Committee on Ways and Means.
The President withdrew SB 666 from the Committee on Commerce, and referred the
bill to the Committee on Ways and Means.
The President withdrew SB 664 from the Committee on Energy and Natural Resources,
and referred the bill to the Committee on Ways and Means.
The President withdrew SB 417 from the Calendar under the heading of General Orders,
and rereferred the bill to the Committee on Transportation and Tourism.
MESSAGE FROM THE GOVERNOR
SB 8, 411, 412 approved on February 20, 1998.
MESSAGE FROM THE HOUSE
Announcing passage of HB2534, 2732, 2765.
Also, adoption of SCR 1617.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2534, 2732, 2765 were thereupon introduced and read by title.
REMOVE FROM CONSENT CALENDAR
An objection having been made to SB 607 appearing on the Consent Calendar, the
President directed the bill be removed and placed on the calendar under the heading of
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 419 be passed.
Also SB 418 be amended on page 1, in line 32, by striking ``1998'' and inserting ``1999'';
in line 34, by striking ``1998'' and inserting ``1999''; also, in line 34, by striking ``1999'' and
inserting ``2000''; in line 36, by striking ``1999'' and inserting ``2000''; also, in line 36, by
striking ``2000'' and inserting ``2001''; in line 42, by striking ``may'' and inserting ``shall''; and
the bill be passed as amended.
Committee on Federal and State Affairs begs leave to submit the following report:
The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:
By the Governor:
Kansas Air National Guard: K.S.A. 48-208
Russell C. Axtell, Brigadier General, serves at the pleasure of the Governor
Committee on Judiciary recommends SB 531, 577 be passed.
Also SB 517 be amended on page 1, after line 12, by inserting a new section as follows:
``Section 1. K.S.A. 43-158 is hereby amended to read as follows: 43-158. The following
persons shall be excused from jury service: (a) Persons unable to read, write, and understand
the English language with a degree of proficiency sufficient to fill out respond to a jury
questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency; and
(c) persons who within ten (10) 10 years immediately preceding have been convicted
of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony.'';
Also on page 1, in line 13, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 31, by
striking ``2'' and inserting ``3''; also in line 31, after ``K.S.A.'' by inserting ``43-158 and''; also
in line 31, by striking ``is'' and inserting ``are''; in line 32, by striking ``3'' and inserting ``4'';
Also on page 1, in the title, in line 9, after ``to'' by inserting ``qualifications;''; in line 10,
after ``K.S.A.'' by inserting ``43-158 and''; also in line 10, by striking ``section'' and inserting
``sections''; and the bill be passed as amended.
Committee on Public Health and Welfare recommends SB 129 be amended on page
2, in line 15, by striking ``department and the programs and serv-''; in line 16, by striking
``ices it provides'' and inserting: ``the provisions of article 59 of chapter 75 of the Kansas
Statutes Annotated and acts amendatory thereof and supplemental thereto''; in line 21, by
striking all after ``agreement''; in line 22, by striking ``by law,''; also in line 22, by striking
``or expedient''; by striking all in lines 24 through 29; in line 30, by striking ``1996'' and
On page 3, in line 10, by striking ``1996'' and inserting ``1997''; in line 25, after the stricken
material by inserting: ``The program plan must be renewed annually by the area agency on
aging older Americans act advisory council and representatives of senior organizations, home
health agencies, health departments and the department of social and rehabilitation serv-
On page 4, by striking all in lines 8 through 16;
And by renumbering sections accordingly;
Also on page 4, in line 17, by striking ``1996'' and inserting ``1997'';
On page 5, in line 9, by striking all after ``retain''; in line 10, by striking ``and'' where it
appears for the first time;
On page 7, in line 35, by striking ``and 75-5932''; also in line 35, by striking ``1996'' and
On page 1, in the title, in line 11, by striking ``and 75-5932''; also in line 11, by striking
``1996'' and inserting ``1997''; in line 13, by striking ``1996'' and inserting ``1997''; and the
bill be passed as amended.
Committee on Transportation and Tourism recommends SB 557 be amended on
page 2, in line 29, by striking ``(a)''; in line 30, following ``suffered'' by inserting ``by any
person''; also in line 30, by striking ``by any person in'' and inserting ``which arises out of'';
in line 33, by striking ``is proximately caused by'' and inserting ``results from''; in line 34, by
striking ``an'' and inserting ``the funeral director or funeral establishment or their''; also in
line 34, by striking all following ``agent''; in line 35, by striking ``establishment''; by striking
all in lines 36 through 43;
On page 3, by striking all in line 1; and the bill be passed as amended.
Committee on Ways and Means recommends HB 2512, as further amended by House
Committee, be passed.
Also HCR 5030 be adopted.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of General Orders with
Senator Langworthy in the chair.
On motion of Senator Langworthy the following report was adopted.
Recommended that SB 435, 454, 455, 505, 506, 513, 523, 532 be passed.
SCR 1616 be adopted.
Also, recommended that SB462, 543 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.
SB 474 be amended by motion of Senator Emert on page 2, in line 34, before ``Any'' by
inserting ``Except where it has been determined otherwise by a court of competent juris-
diction, any instrument filed in accordance with subsections (c)(1) through (c)(4) prior to
July 1, 1998, shall be deemed to be effective on the date it was so filed, unless a different
effective date was specified for the instrument in accordance with this subsection, and the
recording of such instrument with a register of deeds shall not be required in order for the
instrument to take effect.'', and the bill be passed as amended.
SB 545 be amended by motion of Senator Kerr on page 1, following line 24, by inserting
``Year 2000 computer repair
and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SR 1817, 1818, 1819, 1820 reported correctly enrolled, properly signed and presented
to the Secretary of the Senate on February 23, 1998.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February