January 22, 1999

Journal of the Senate

Senate Chamber, Topeka, Kansas
Friday, January 22, 1999-9:00 a.m.
       The Senate was called to order by President Dick Bond.

 The roll was called with thirty-eight senators present.

 Senators Corbin and Harrington were excused.

 President Bond introduced Senator Jordan, who delivered the invocation.

 The following bills and concurrent resolution were introduced and read by title.

   SB 118, An act concerning tort liability; relating to liability for natural events; amending
K.S.A. 1998 Supp. 75-6104 and repealing the existing section, by Senator Clark.

 SB 119, An act concerning the Kansas code for care of children; relating to post-termi-
nation dispositional alternatives following voluntary relinquishment of parental rights, by
Committee on Judiciary.


    By Committee on Agriculture

A  CONCURRENT  RESOLUTION urging Congress to direct the Environmental Protec-
      tion Agency (EPA) to initiate administrative rulemaking that ensures the Food Quality
      Protection Act is implemented in a manner that utilizes sound science and real world
      data, protects the production, availability and affordability of food and further urges
      Congress to conduct oversight hearings to ensure EPA actions are consistent with Con-
      gressional intent.

              WHEREAS,  The Food Quality Protection Act of 1996 (FQPA) was signed into law on
August 3, 1996; and

      WHEREAS,  The FQPA institutes changes in the types of information the Environmental
Protection Agency (EPA) is required to evaluate in the risk assessment process for estab-
lishing tolerances for pesticide residues in food and feed; and

      WHEREAS,  The FQPA was to assure that pesticide tolerances and policies are formu-
lated in an open and transparent manner; and

      WHEREAS,  The FQPA further emphasizes the need for reliable information about the
volume and types of pesticides being applied to individual crops and what residues can be
anticipated on these crops; and

      WHEREAS,  Risk estimates based on sound science and reliable real-world data are
essential to avoid misguided decisions, and the best way for the EPA to obtain this data is
to require its development and submission by the registrant through the data call-in process;

      WHEREAS,  The implementation of FQPA by the EPA could have a profound negative
impact on domestic agriculture production and on consumer food prices and availability;

      WHEREAS,  The possibility of elimination of these products will result in fewer pest
control options for the United States and Kansas and significant disruption of successful
integrated pest management programs which would be devastating to the economy of our
state and jeopardize the very livelihood of many of our agricultural producers; and

      WHEREAS,  The absence of reliable information will result in fewer pest control options
for urban and suburban uses, with potential losses of personal property and increased costs
for human health concerns: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the EPA should be directed by Congress to immediately initiate appropriate
administrative rulemaking to ensure that the policies and standards it intends to apply in
evaluating pesticide tolerances are subject to thorough public notice and comment prior to
final tolerance determinations being made by the agency; and

      Be it further resolved: That the EPA use sound science and real-world data from the
data call-in process in establishing realistic models for evaluating risks; and

      Be it further resolved: That the United States Department of Agriculture (USDA) es-
tablish FQPA as a priority and that EPA be required to have reliable pesticide residue data
and other FQPA data on the specific crop affected by any proposed restriction, before, EPA
imposes restriction of a pesticide under FQPA; and

      Be it further resolved: that the EPA should be directed by Congress to implement the
FQPA in a manner that will not disrupt agricultural production nor negatively impact the
availability, diversity and affordability of food; and

      Be it further resolved: That Congress should immediately conduct oversight hearings to
ensure that actions by EPA are consistent with FQPA provisions and Congressional intent;

      Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the Secretary of the United States Department of Agriculture and to
each member of the Kansas Congressional Delegation.

 The following bills were referred to Committees as indicated:

   Assessment and Taxation: SB 82, 83, 99 (Separately), 116.

 Commerce: SB 84, 85, 86, 114.

 Education: SB 112, 113.

 Elections and Local Government: SB 111.

 Federal and State Affairs: SB 101, 115, 117.

 Financial Institutions & Insurance: SB 79, 80, 108.

 Judiciary: SB 81, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 102, 103.

 Public Health and Welfare: SB 104, 105, 106, 107, 109, 110.

 Transportation and Tourism: SB 99 (Separately).

 Ways and Means: SB 100.

 The President withdrew SB 39 from the Committee of the Whole, and rereferred the
bill to the Committee on Ways and Means.

    January 19, 1999
   Larry Welch, Director, Kansas Bureau of Investigation, in compliance with K.S.A. 60-
4117, submitted a report to the Legislature regarding the status of the KBI State Forfeiture

 The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.

        Committee on Public Health and Welfare 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:

  State Long-Term Care Ombudsman: K.S.A. 1998 Supp. 75-7304

   Matthew Hickam, term expires January 15, 2000

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, January 25,

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.