February 7, 2000

Journal of the Senate

TWENTIETH DAY
______
Senate Chamber, Topeka, Kansas
Monday, February 7, 2000--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,

     Help me to deal with You realistically.

 Don't let me take You for granted.

 Don't let me think I can ignore You for years and then expect You to come running

 when I get in trouble.

 Don't let me think You have to always answer my prayers immediately.

 Sometimes You say ``No''.

 Sometimes You say ``Wait''.

 Sometimes I can imagine You might want to say, ``You've got to be kidding!''

 Don't let me expect You to conform to my idea of how You ought to act.

 Don't let me doubt You.

 Don't let me desert You.

 Don't let me deny You.

 Help me to trust You.

 Help me to love You.

 Help me to obey You.

     I pray in Jesus' Name,

     AMEN

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

   SB 573, An act concerning retirement and pensions; relating to unclassified employees
of the board of regents; benefits; vesting, by Committee on Ways and Means.

 SB 574, An act concerning insurance; relating to deceptive practices involving discount
cards, by Committee on Financial Institutions and Insurance.

 SB 575, An act concerning insurance; relating to standards for prompt, fair and equitable
settlement of health care claims and payment for health care services, by Committee on
Financial Institutions and Insurance.

 SB 576, An act making and concerning appropriations for the fiscal years ending June
30, 2001, June 30, 2002 and June 30, 2003, for the Kansas commission on veterans affairs
for a donation for the National World War II Memorial; authorizing certain transfers and
imposing certain restrictions and limitations, and directing or authorizing certain receipts
and disbursements and acts incidental to the foregoing, by Senators Hensley, Barone, Biggs,
Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones, Lee, Petty, Steineger and Stephens.
 SB 577, An act concerning the Kansas public employees retirement system; authorizing
purchase of prior service for certain persons, by Senator Hensley.

 SB 578, An act concerning courts; relating to collection of debts owed thereto; amending
K.S.A. 1999 Supp. 21-4603d and 23-496 and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 75-719, by Committee on Judiciary.

 SB 579, An act concerning crimes, criminal procedure and punishment; relating to arson;
amending K.S.A. 21-3718 and repealing the existing section, by Committee on Judiciary.

 SB 580, An act concerning controlled substances; relating to penalties for certain criminal
activity; amending K.S.A. 21-4717 and K.S.A. 1999 Supp. 65-4161 and 65-4163 and
repealing the existing sections, by Committee on Judiciary.

 SB 581, An act concerning sun screening devices on motor vehicles; relating to law
enforcement officers and private detectives; amending K.S.A. 8-1749a and repealing the
existing section, by Committee on Judiciary.

 SB 582, An act concerning land surveys and land surveyors; amending K.S.A. 1999 Supp.
58-2003, 58-2005 and 58-2011 and repealing the existing sections, by Committee on
Judiciary.

 SB 583, An act concerning criminal prosecution of juvenile offenders; relating to traffic
offenses; amending K.S.A. 1999 Supp. 8-2117 and repealing the existing section, by
Committee on Judiciary.

 SB 584, An act concerning private investigative and security operations; contingency fees;
continuing education; amending K.S.A. 75-7b18 and K.S.A. 1999 Supp. 75-7b07 and 75-
7b08 and repealing the existing sections, by Committee on Judiciary.

 SB 585, An act concerning civil procedure; relating to depositions; preferential pricing
of reporting services; amending K.S.A. 1999 Supp. 60-228 and repealing the existing section,
by Senator Emert.

 SB 586, An act concerning reimbursement for warranty work on certain equipment, by
Committee on Agriculture.

 SB 587, An act concerning the office of the attorney general; relating to antitrust;
amending K.S.A. 50-153 and 75-716 and repealing the existing sections, by Committee on
Agriculture.

 SB 588, An act concerning contracts for equipment; amending K.S.A. 16-1002, 16-1004,
16-1303, 16-1305, 16-1403, 16-1404 and 16-1405 and repealing the existing sections, by
Committee on Agriculture.

      SENATE CONCURRENT RESOLUTION No. 1640--

  By Committee on Elections and Local Government

  A  PROPOSITION to amend article 9 of the constitution of the state of Kansas, relating

      to counties by adding a new section 6 which pertains to home rule for counties.

        Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the Senate and two-thirds of the members elected (or
      appointed) and qualified to the House of Representatives concurring therein:

      Section  1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Article
9 of the constitution of the state of Kansas is amended by adding a new section thereto to
read as follows:

      ``§  6. Counties' powers of home rule. (a) The legislature shall provide by general
      law, applicable to all counties: Provided, That existing laws on such subjects not
      applicable to all counties on the effective date of this amendment shall remain in effect
      until superseded by general law and such existing laws shall not be subject to resolution.

            (b)  Counties are hereby empowered to determine their local affairs and government
      including the levying of taxes, excises, fees, charges and other exactions except when
      and as the levying of any tax, excise, fee, charge or other exaction is limited or prohibited
      by enactment of the legislature applicable uniformly to all counties of the same class:
      Provided that the legislature may establish not to exceed four classes of counties for the
      purpose of imposing all such limitations or prohibitions. Counties shall exercise such
      determination by resolution passed by the governing body with referendums only in
      such cases as prescribed by the legislature, subject only to enactments of the legislature
      of statewide concern applicable uniformly to all counties, to other enactments of the
      legislature applicable uniformly to all counties, to enactments of the legislature
      applicable uniformly to all counties limiting or prohibiting the levying of any tax, excise,
      fee, charge or other exaction and to enactments of the legislature prescribing limits of
      indebtedness. All enactments relating to counties now in effect or hereafter enacted and
      as later amended and until repealed shall govern counties except as counties shall exempt
      themselves by charter resolutions as herein provided for in subsection (c).

            (c)  (1) Any county may by charter resolution elect in the manner prescribed in this
      section that the whole or any part of any enactment of the legislature applying to such
      county, other than enactments of statewide concern applicable uniformly to all counties,
      other enactments applicable uniformly to all counties, and enactments prescribing limits
      of indebtedness, shall not apply to such county.

            (2) A charter resolution is a resolution which exempts a city from the whole or any
      part of any enactment of the legislature as referred to in this section and which may
      provide substitute and additional provisions on the same subject. Such charter resolution
      shall be so titled, shall designate specifically the enactment of the legislature or part
      thereof made inapplicable to such county by the adoption of such resolution and contain
      the substitute and additional provisions, if any, and shall require a two-thirds vote of the
      members-elect of the governing body of such county. Every charter resolution shall be
      published once each week for two consecutive weeks in the official county newspaper
      or, if there is none, in a newspaper of general circulation in the county.

            (3) No charter resolution shall take effect until sixty days after its final publication.
      If within sixty days of its final publication a petition signed by a number of electors of
      the county equal to not less than ten percent of the number of electors who voted at
      the last preceding regular county election shall be filed in the office of the clerk of such
      county demanding that such ordinance be submitted to a vote of the electors, it shall
      not take effect until submitted to a referendum and approved by a majority of the
      electors voting thereon. An election, if called, shall be called within thirty days and held
      within ninety days after the filing of the petition. The governing body shall pass a
      resolution calling the election and fixing the date, which resolution shall be published
      once each week for three consecutive weeks in the official county newspaper or, if there
      is none, in a newspaper of general circulation in the county, and the election shall be
      conducted as elections for officers and by the officers handling such elections. The
      proposition shall be: ``Shall charter resolution No. ________, entitled (title of
      resolution) take effect?'' The governing body may submit any charter ordinance to a
      referendum without petition by the same publication of the charter resolution and the
      same publication of the resolution calling the election as for resolutions upon petition
      and such charter ordinance shall then become effective when approved by a majority of
      the electors voting thereon. Each charter resolution becoming effective shall be recorded
      by the clerk in a book maintained for that purpose with a statement of the manner of
      adoption and a certified copy shall be filed with the secretary of state, who shall keep
      an index of the same.

            (4) Each charter resolution enacted shall control and prevail over any prior or
      subsequent act of the governing body of the county and may be repealed or amended
      only by charter resolution or by enactments of the legislature applicable to all counties.

            (d) Powers and authority granted counties pursuant to this section shall be liberally
      construed for the purpose of giving to counties the largest measure of self-government.

      (e) This amendment shall be effective on and after July 1, 2001.''

      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

      ``Explanatory statement. This amendment would empower counties to determine their
            local affairs and government by permitting them to elect to not have enactments of
            the legislature apply to individual counties, other than enactments of statewide
            concern applicable uniformly to all counties, other enactments applicable uniformly
            to all counties and enactments prescribing limits of indebtedness.''

            ``A vote for this proposition would empower counties to determine their local affairs and
            government by permitting them to elect to not have enactments of the legislature
            apply to individual counties, other than enactments of statewide concern applicable
            uniformly to all counties, other enactments applicable uniformly to all counties and
            enactments prescribing limits of indebtedness, and any other areas that the
            legislature has or may subsequently determine to limit the counties' ability to
            determine their local affairs and government.''

            ``A vote against this proposition would retain the present laws concerning county home
      rule and other laws governing the operation of counties.''

      Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives shall be entered on the journals, together with
the yeas and nays. The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted to the electors
of the state at the general election in the year 2000 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall be submitted
to the electors of the state at the special election.

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

   Agriculture: SB 572.

 Energy and Natural Resources: SB 571; SCR 1638.

 Federal and State Affairs: SCR 1639.

  MESSAGE FROM THE HOUSE
    Announcing passage of SB 2241; Substitute HB 2290; Substitute HB 2581; HB 2592,
2600.

 Also, passage of Substitute SB 243, as amended.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
   SB 2241; Substitute HB 2290; Substitute HB 2581; HB 2592, 2600 were thereupon
introduced and read by title.

REPORTS OF STANDING COMMITTEES
 Committee on Assessment and Taxation recommends SB 408 be passed.

 Committee on Financial Institutions and Insurance recommends Sb 458 be passed.

 Committee on Judiciary recommends SB 504 be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

 Also, SB 526 be passed.

REPORT ON ENROLLED BILLS
   SR 1809 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 7, 2000.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
8, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.