March 16, 1999

Journal of the Senate

FORTY-FIFTH DAY ______

Senate Chamber, Topeka, Kansas

Tuesday, March 16, 1999--2:30 p.m.

The Senate was called to order by President Dick Bond.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

One of the biggest challenges this job offers is having to be knowledgeable about
such a variety of subjects.

How can one person be familiar with medical supplement policies, rate
rebalancing, long term care, correctional industries fund, mutual holding companies,
retirement annuities, vehicle registration, hearing aids, infectious diseases, health
benefit plans, electric transmission lines, and children's trust fund, just to name a
few??

It's something like trying to drive a vehicle with a hundred different gears and
never knowing for sure how or when to shift which one.

I will answer my own question, Lord. It is only by doing what the old hymn says,
``Take your burden to the Lord, and leave it there.'' Help me to do it, O God.

In Christ's Name I pray,

AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:

SB 353, An act concerning the workers compensation act; relating to occupational
diseases; amending K.S.A. 44-5a01 and repealing the existing section, by Committee on
Ways and Means.

SB 354, An act concerning the information network of Kansas, Inc.; relating to
composition of such network's board; amending K.S.A. 74-9303 and repealing the existing
section, by Committee on Ways and Means.

SENATE CONCURRENT RESOLUTION No. 1614--

By Committee on Elections and Local Government

A CONCURRENT RESOLUTION concerning the plan of the United States census bureau to use statistical sampling in the decennial census.

WHEREAS, The Constitution of the United States requires an actual enumeration of
the population every 10 years, and entrusts Congress with overseeing all aspects of each
decennial enumeration; and

WHEREAS, The sole constitutional purpose of the decennial census is to apportion the
seats in Congress among the several states; and

WHEREAS, An accurate and legal decennial census is necessary to properly apportion
U.S. House of Representatives seats among the 50 states and to create legislative districts
within the states; and

WHEREAS, An accurate and legal decennial census is necessary to enable states to
comply with the constitutional mandate of drawing state legislative districts within the states;
and

WHEREAS, Article I, Section 2 of the U.S. Constitution, in order to ensure an accurate
count, and to minimize the potential for political manipulation, mandates an ``actual
enumeration'' of the population, which requires a physical headcount of the population and
prohibits statistical guessing or estimates of the population; and

WHEREAS, Title 13, Section 195 of the U.S. Code, consistent with this constitutional
mandate, expressly prohibits the use of statistical sampling to enumerate the U.S. population
for the purpose of reapportioning the U.S. House of Representatives; and

WHEREAS, Legislative redistricting conducted by the states is a critical subfunction of
the constitutional requirement to apportion representatives among the states; and

WHEREAS, The United States Supreme Court, in No. 98-404, Department of
Commerce, et al. v. United States House of Representatives, et al., together with No. 98-
564, Clinton, President of the United States, et al., v. Glavin, et al., ruled on January 25,
1999, that the Census Act prohibits the Census Bureau's proposed uses of statistical
sampling in calculating the population for purposes of apportionment; and

WHEREAS, In reaching its findings, the United States Supreme Court found that the
use of statistical procedures to adjust census numbers would create a dilution of voting
rights for citizens in legislative redistricting, thus violating legal guarantees of ``one-person,
one-vote''; and

WHEREAS, Consistent with this ruling and the constitutional and legal relationship of
legislative redistricting by the states to the apportionment of the U.S. House of
Representatives, the use of adjusted census data would raise serious questions of vote
dilution and violate ``one-person, one-vote'' legal protections, thus exposing the State of
Kansas to protracted litigation over legislative redistricting plans at great cost to the taxpayers
of the State of Kansas, and likely result in a court ruling invalidating any legislative
redistricting plan using census numbers that have been determined in whole or in part by
the use of random sampling techniques or other statistical methodologies that add or
subtract persons to the census counts based solely on statistical inference; and

WHEREAS, Consistent with this ruling, no person enumerated in the census should
ever be deleted from the census enumeration; and

WHEREAS, Consistent with this ruling, every reasonable and practical effort should be
made to obtain the fullest and most accurate count of the population as possible, including
appropriate funding for state and local census outreach and education programs; as well as
a provision for post-census local review: Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature calls on the Bureau of the Census to conduct the 2000
decennial census consistent with the aforementioned United States Supreme Court ruling
and constitutional mandate, which require a physical headcount of the population and bars
the use of statistical sampling to create, or in any way adjust the count; and

Be it further resolved: That the Legislature opposes the use of P.L. 94-171 data for state
legislative redistricting based on census numbers that have been determined in whole or in
part by the use of statistical inferences derived by means of random sampling techniques
or other statistical methodologies that add or subtract persons to the census counts; and

Be it further resolved: That the Legislature demands that the State of Kansas receive
P.L. 94-171 data for legislative redistricting identical to the census tabulation data used to
apportion seats in the U.S. House of Representatives consistent to the aforementioned
United States Supreme Court ruling and constitutional mandate, which require a physical
headcount of the population and bar the use of statistical sampling to create, or in any way
adjust the count; and

Be it further resolved: That the Legislature urges Congress, as the branch of government
assigned the responsibility of overseeing the decennial enumeration, to take whatever steps
are necessary to ensure that the 2000 decennial census is conducted fairly and legally; and

Be it further resolved: That the Secretary of State be directed to transmit an enrolled
copy of this resolution to the Speaker of the U.S. House of Representatives, Majority Leader
of the U.S. Senate, President and Vice-President of the United States and each member of
the Kansas Congressional Delegation.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:

Assessment and Taxation: HB 2543.

Elections and Local Government: SB 351.

Federal and State Affairs: Sub HB 2540.

Ways and Means: SB 352.

CHANGE OF REFERENCE
The President withdrew HB 2142 from the calendar under the heading of General
Orders, and referred the bill to the Committee on Ways and Means.

COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION Division of Accounts and Reports

March 12, 1999

Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Perspective for the month of February, 1999. The
Monthly Financial Perspective is available on the Internet at the Financial Reporting Section
of the Division of Accounts and Reports web site under Monthly Financial Perspective.

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.

MESSAGE FROM THE HOUSE
Announcing passage of HB 2037, 2440.

Also, passage of SB 128, 145.

Passage of SB 241, as amended.

The House concurs in Senate amendments to HB 2046.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2037, 2440 were thereupon introduced and read by title.

REMOVE FROM CONSENT CALENDAR
An objection having been made to HB 2141 appearing on the Consent Calendar, the
President directed the bill be removed and placed on the calendar under the heading of
General Orders.

REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2049, as amended by House Committee
of the Whold; HB 2320, 2380 be passed and, because the committee is of the opinion that
the bills are of a noncontroversial nature, be placed on the consent calendar.

The Committee on Energy and Natural Resources recommends SB 158 be amended
on page 1, in line 34, by striking all after ``any''; in line 35, by striking all before ``paid''; in
line 36, after ``advertising'' by inserting ``that promotes one energy source over another''; in
line 37, by striking the end quotation marks; also in line 37, after the first ``propane'' by
inserting end quotation marks;

On page 4, after line 21, by inserting:

``(c) The price of propane shall be determined by market forces consistent with antitrust
laws and no provision of this act shall be interpreted as allowing a pass through to consumers
of the assessment determined by the council pursuant to subsection (a).'';

Also on page 4, in line 37, after ``manner'' by inserting ``for marketing or'';

By relettering subsections (c) through (f) accordingly; and the bill be passed as amended.

Committee on Financial Institutions and Insurance recommends SB 301 be amended
by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 301,'' as
follows:

``Substitute for SENATE BILL No. 301 By Committee on Financial Institutions and Insurance

AN ACT relating to consumer credit; concerning the uniform consumer credit code;
amending K.S.A. 16-207, 16a-1-108, 16a-1-201, 16a-2-103, 16a-2-302, 16a-2-303, 16a-
2-307, 16a-2-401, 16a-2-402, 16a-2-403, 16a-2-510, 16a-3-301, 16a-3-304, 16a-4-301,
16a-4-112, 16a-5-203, 16a-5-301, 16a-6-104, 16a-6-105, 16a-6-106, 16a-6-108, 16a-6-
117 and 16a-6-202 and K.S.A. 1998 Supp. 16a-1-301, 16a-2-201, 16a-2-202, 16a-2-501
and 16a-2-502 and repealing the existing sections; also repealing K.S.A. 16a-2-305, 16a-
2-306, 16a-5-302, 16a-6-107 and 16a-6-204 and K.S.A. 1998 Supp. 16a-2-401a.'';

and the substitute bill be passed.

Committee on Judiciary recommends HB 2135, 2137, 2222 be passed.

Also HB 2092 be amended on page 5, in line 39, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.

HB 2140, as amended by House Committee, be amended on page 1, in line 19, by
striking ``interested''; also in line 19, after ``party'' by inserting ``in interest''; in line 22, by
striking the comma; also in line 22, by striking all after the stricken material; in line 23, by
striking all before ``to''; in line 43, by striking ``of'';

On page 4, in line 9, after ``action'' by inserting ``as determined by the appraisers''; and
the bill be passed as amended.

Committee on Public Health and Welfare recommends SB 106, be amended by
substituting a new bill to be designated as ``Substitute for SENATE BILL No. 106,'' as
follows:

``Substitute for SENATE BILL No. 106 By Committee on Public Health and Welfare

AN ACT concerning emergency medical and trauma services; establishing an advisory
committee on trauma; establishing a trauma registry; providing for administration by the
secretary of health and environment; amending K.S.A. 20-2801 and K.S.A. 1998 Supp.
8-2106, 12-4117, 12-4214 and 12-4305 and repealing the existing sections.'';

and the substitute bill be passed.

REPORT ON ENROLLED BILLS
SR 1833, 1834 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on March 15, 1999.

SB 120 reported correctly enrolled, properly signed and presented to the Governor on
March 16, 1999.

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
Hardenburger in the chair.

On motion of Senator Hardenburger the following report was adopted.

Recommended that SB 102; HB 2280, 2321, 2429 be passed.

Also, SB 232, 291, 324, 338; HB 2090, 2214, 2230 be amended by adoption of the
committee amendments, and the bills be passed as amended.

SB 290 be passed over and retain a place on the calendar.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March
17, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.