March 22, 1999

Journal of the Senate

FORTY-NINTH DAY
______
Senate Chamber, Topeka, Kansas
Monday, March 22, 1999--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 In observance of Legislative Families Day, Senate Chaplain Fred Holloman introduced
Will Clark, seven year old son of Senator Stan Clark, who delivered the invocation:

         Blessed is the man that walketh not in the counsel of the ungodly nor standeth in
      the way of sinners, nor sitteth in the seat of the scornful. But his delight is in the
      law of the Lord; and in his law doth he meditate day and night. And he shall be like
      a tree planted by the rivers of water, that bringeth forth his fruit in his season; his
      leaf also shall not wither; and whatsoever he doeth shall prosper. But the ungodly
      are not so; but are like chaff which the wind driveth away. Therefore the ungodly
      shall not stand in the judgement, nor sinners in the congregation of the righteous.
      For the Lord knoweth the way of the righteous but the way of the ungodly shall
      perish. (Psalm, chapter 1)

       Our heavenly Father thank you for our government. I pray that you would be with
      each senator. Give them wisdom as they make decisions. In Jesus name, Amen

           Rev. Holloman delivered the following invocation:

         Heavenly Father,

         It is appropriate for us to set aside a day to show our appreciation for our
      families.....

         For being patient all through each session.

       For taking care of extra chores while we are away.

       For having to put up with public criticism of their loved one.

       For supporting our decision to run for office, knowing very well the price they
      would have to pay.

       For patiently listening to people who should be talking to us.

       For making sacrifices we don't even know about.

         Thank You, Lord, for giving us our families and for taking care of them.

         I pray in the Name of Jesus,

         AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following resolution was introduced and read by title:

      SENATE CONCURRENT RESOLUTION No. 1618--

    By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones,
Lee, Oleen, Petty, Steineger and Stephens


A  CONCURRENT RESOLUTION memorializing Congress to strengthen Social Security.


      WHEREAS,  Social Security provides American workers with universal, contributory,
wage related, inflation-proof benefits in the event of the retirement, disability or death of a
primary wage earner; and

      WHEREAS,  Social Security is more than a retirement program--it is a family program.
Without Social Security, about 54% of America's seniors and more than 15 million
beneficiaries overall would be living in poverty. About 98% of children under age 18 can
count on monthly cash benefits if a working parent dies; and

      WHEREAS,  Over the course of its existence as a federal program, Social Security's
trustees and administrators have carefully modified the benefit and financing structure
thereby ensuring the program's viability in light of major demographic trends and economic
developments; and

      WHEREAS,  In his 1999 State of the Union address the President urged Congress to
save Social Security first and dedicate the majority of the projected surplus to shoring up
the solvency of Social Security; and

      WHEREAS,  The long term solvency of Social Security can be ensured for future
generations if reasonable and timely adjustments to the program are made by Congress:
Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That we respectfully memorialize the federal government to use the budget
surplus to strengthen Social Security to ensure the continued financial viability of this
essential program; and

      Be it further resolved: That we further memorialize the federal government to take
immediate steps to ensure that Social Security remains a universal, mandatory, contributory
social insurance system where risk is pooled among all workers, rather than transferred to
each individual worker; and

      Be it further resolved: That the Secretary of State be directed to send an enrolled copy
of this resolution to each member of the Kansas Congressional delegation.

MESSAGE FROM THE GOVERNOR
 SB 120 approved on March 19, 1999.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2126, 2276, 2368; Substitute HB 2469; HB 2549.

 Adoption of HCR 5034.

 Also, passage of SB 71, 91, 162, 179, 267, 292, 296, 311.

 Passage of SB 39, as amended, 51, as amended, 92, as amended, 240, as amended;
Substitute SB 270, as amended.

 Adoption of SCR 1615.

 The House nonconcurs in Senate amendments to HB 2090, requests a conference and
has appointed Representatives Tomlinson, Myers and Phelps as conferees on the part of
the House.

 The House accedes to the request of the Senate for a conference on SB 65 and has
appointed Representatives Flower, Johnson and Weiland as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on House Substitute
for SB 70 and has appointed Representatives Freeborn, Ray and McClure as conferees on
the part of the House.

 The House accedes to the request of the Senate for a conference on SB 89 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 246 and has
appointed Representatives Freeborn, Ray and Flora as conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2126, 2276, 2368; Substitute HB 2469; HB 2549; HCR 5034 were thereupon
introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Becker introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1841--

    A  RESOLUTION establishing Legislative Families Day.


      WHEREAS,  Monday, March 22, 1999, is hereby designated as the first annual
Legislative Families Day for families of Kansas legislators; and

      WHEREAS,  This day is established to recognize and show appreciation for the help and
support the families of legislators provide for the members of the Kansas legislature serving
as elected officials of the state; and

      WHEREAS,  Annual Legislative Families Day is established as a special day for legislative
families to visit our state capitol, to meet and visit with fellow legislative families, to become
acquainted with their legislator's office and work procedures, to learn about the legislative
process and to enjoy the ambience of our historic state capitol; and

      WHEREAS,  Scheduled activities for the day include:

                  Recognition of legislative families in the

                   Senate and House of Representatives,

                  Family photographs with Governor Bill Graves,

                  Tours of the Capitol,

                  A box lunch at the Dillon House, and

                  A tour of the Kansas Museum of History:

  Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we establish March 22, 1999,
as the first annual Legislative Families Day; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Mrs. Nancy Becker, President, Legislative Spouses
Organization, 9225 Woodstone Lane, Lenexa, Kansas 66219.

 On emergency motion of Senator Becker SR 1841 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
 Committee on Agriculture recommends SCR 1616 be amended on page 2, in line 26,
by striking all after ``products''; by striking all in line 27; in line 28, by striking ``United
States'' and inserting ``with such labeling on the final consumer product''; in line 32, before
the colon, by inserting the following: ``; and

      WHEREAS,  Pork and beef associations also support a marketing system free from
unnecessary government regulations; and

      WHEREAS,  Pork and beef associations support a system free of government restrictions
on livestock ownership''; in line 42, by striking all after ``WHEREAS,''; by striking all in line
43;

      On page 3, in line 1, by striking ``ket'' and inserting ``Pending mergers of grain companies
could result in disproportionate control of the grain market''; and the concurrent resolution
be adopted as amended.

 Also HCR 5017, as amended by House Committee, be amended on page 2, after line
27, by inserting the following:

      ``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
establishing tolerances for pesticide residues in food and feed; and

      WHEREAS,  The FQPA was to assure that pesticide tolerances and policies are
formulated 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;
and

      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;
and

      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)
establish 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;
and'';

      Also on page 2, in line 32, after ``Representatives'' by inserting ``, the Secretary of the
United States Department of Agriculture'';

      On page 1, in the title, in line 14, before the period, by inserting ``and 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 Congressional intent''; and the concurrent resolution be
adopted as amended.

 Committee on Energy and Natural Resources recommends SB 348 be amended on
page 2, in line 5, by striking ``Kansas'' and inserting ``state''; in line 19, by striking ``statute
book'' and inserting ``Kansas register''; and the bill be passed as amended.

 Also HB 2145, as amended by House Committee, be amended on page 5, in line 19, by
striking ``(1)'' and inserting ``(A)''; in line 20, by striking ``(2)'' and inserting ``(B)''; also in
line 20, by striking ``(A)'' and inserting ``(i)''; in line 21, by striking ``(B)'' and inserting ``(ii)'';
in line 22, by striking ``(C)'' and inserting ``(iii)''; after line 24, by inserting:

      ``Sec.  2. K.S.A. 1998 Supp. 65-3407c is hereby amended to read as follows: 65-3407c.
(a) The secretary may authorize persons to carry out the following activities without a solid
waste permit issued pursuant to K.S.A. 65-3407, and amendments thereto:

      (1) Dispose of solid waste at a site where the waste has been accumulated or illegally
dumped. Disposal of some or all such waste must be identified as an integral part of a site
cleanup and closure plan submitted to the department by the person responsible for the
site. No additional waste may be brought to the site following the department's approval of
the site cleanup and closure plan.

      (2) Perform temporary projects to remediate soils contaminated by organic constituents
capable of being reduced in concentration by biodegradation processes or volatilization, or
both. Soil to be treated may be generated on-site or off-site. A project operating plan and
a site closure plan must be submitted to the department as part of the project approval
process.

      (3) Dispose of demolition waste resulting from demolition of an entire building or
structure if such waste is disposed of at the site where the building or structure was located.
Prior to the department's authorization, written approval for the disposal must be obtained
from the landowner and the local governmental or zoning authority having jurisdiction over
the disposal site. The disposal area must be covered with a minimum of two feet of soil and
seeded, rocked or paved. The final grades for the disposal site must be compatible with and
not detract from the appearance of adjacent properties.
      (4) Dispose of solid waste generated as a result of a transportation accident if such waste
is disposed of on property adjacent to or near the accident site. Prior to the department's
authorization, written approval for the disposal must be obtained from the landowner and
the local governmental or zoning authority having jurisdiction over the disposal site. A
closure plan must be submitted to the department as part of the authorization process.
      (5) Dispose of whole unprocessed livestock carcasses on property at, adjacent or near
where the animals died if: (A) Such animals died as a result of a natural disaster or their
presence has created an emergency situation; and (B) proper procedures are followed to
minimize threats to human health and the environment.
      (6) Dispose of solid waste resulting from natural disasters, such as storms, tornadoes,
floods and fires, or other such emergencies, when a request for disposal is made by the local
governmental authority having jurisdiction over the area. Authorization shall be granted by
the department only when failure to act quickly could jeopardize human health or the
environment. The local governmental authority must agree to provide proper closure and
postclosure maintenance of the disposal site as a condition of authorization.

      (b) The secretary shall consider the following factors when determining eligibility for
an exemption to the solid waste permitting requirements under this section:

      (1) Potential impacts to human health and the environment.

      (2) Urgency to perform necessary work compared to typical permitting timeframes.

      (3) Costs and impacts of alternative waste handling methods.

      (4) Local land use restrictions.

      (5) Financial resources of responsible parties.

      (6) Technical feasibility of proposed project.

      (7) Technical capabilities of persons performing proposed work.

      (c) The secretary may seek counsel from local government officials prior to exempting
activities from solid waste permitting requirements under this section.'';

      Also on page 5, by renumbering sections 2 and 3 accordingly; in line 25, by striking ``is''
and inserting ``and 65-3407c are'';

      In the title, in line 10, by striking ``relating to certain permits;''; in line 11, before ``and''
by inserting ``and 65-3407c''; also in line 11, by striking ``section'' and inserting ``sections'';
and the bill be passed as amended.

REPORT ON ENROLLED BILLS
 SR 1835, 1836, 1837, 1838, 1839, 1840 reported correctly enrolled, properly signed
and presented to the Secretary of the Senate on March 22, 1999.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 23,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.