February 22, 2000

Journal of the Senate

THIRTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, February 22, 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,

           Today we observe the anniversary of the birth of the man who came to be known as
      ``the Father of our Country.''

       We thank You, O God, for raising up a man like George Washington to oversee the
      birth of our nation.

       We thank You for his testimony of faith in 1776 when he stated, ``No man has a more
      perfect reliance on the all-wise and powerful dispensation of the Supreme Being than I
      have.''

       We thank You for his testimony of encouragement in 1777 when he declared, ``A
      superintending Providence is ordering everything for the best  .  .  .  .  in due time all
      will be well.''

       We thank you for his testimony of hope in the dark days of 1778 when he wrote,
      ``Providence has heretofore taken us up when all other means and hope seemed to be
      departing from us; in this I will confide.''

       We thank You that the evidence shows that his faith in God and his virtuous life
      contributed greatly to his success as General of the Revolutionary Army and President
      of the United States.

       We thank You for raising up our first President to be the model for all who followed
      him.

       I pray in the Name of Christ,

       AMEN

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

   SB 644, An act concerning the workers compensation act; relating to delivery and
payment of services delivered thereunder; amending K.S.A. 44-510c and 44-516 and K.S.A.
1999 Supp. 44-501, 44-508, 44-510b, 44-510d, 44-550b and 44-567 and repealing the
existing sections; also repealing K.S.A. 44-513 and K.S.A. 1999 Supp. 44-510, by Committee
on Ways and Means.

 SB 645, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; employer contributions; amending
K.S.A. 1999 Supp. 74-4920, 74-4927 and 74-4927f and repealing the existing sections, by
Committee on Ways and Means.

 SB 646, An act concerning crimes, punishment and criminal procedure; relating to
inherently dangerous felonies; amending K.S.A. 21-3436 and repealing the existing section,
by Committee on Ways and Means.

 SB 647, An act concerning regulation of traffic; relating to traffic citations; amending
K.S.A. 1999 Supp. 8-2106 and repealing the existing section, by Committee on Ways and
Means.

 SB 648, An act concerning contracts to provide services for the Kansas tax institute, by
Committee on Ways and Means.

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

   Assessment and Taxation: SB 643.

 Commerce: HB 2832; HCR 5059.

 Education: HB 2719, 2862.

 Elections and Local Government: HB 2844, 2854, 2928.

 Financial Institutions & Insurance: HB 2652, 2754.

 Judiciary: HB 2596, 2684, 2772.

 Public Health and Welfare: HB 2780.

CHANGE OF REFERENCE
 The President withdrew SB 467, 539 from the Committee on Commerce, and referred
the bills to the Committee on Ways and Means.

 The President withdrew SB 414, 415, 434, 450, 570, 604 from the Committee on
Education, and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 571, 610, 625 from the Committee on Energy and Natural
Resources, and referred the bills to the Committee on Ways and Means.

 The President withdrew SB 523, 524, 547, 548, 549, 575, 600, 619 from the
Committee on Financial Institutions and Insurance, and referred the bills to the Committee
on Ways and Means.

COMMUNICATIONS FROM STATE OFFICERS
    DEPARTMENT OF ADMINISTRATION


February 18, 2000
 Dale Brunton, Acting Director, Division of Accounts and Reports, submitted the State
of Kansas Monthly Financial Perspective for the month of January, 2000.

 The perspective is also 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 Substitute HB 2605; HB 2674, 2675; Substitute HB 2702;
HB 2767, 2769, 2817, 2883.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 Substitute HB 2605; HB 2674, 2675; Substitute HB 2702; HB 2767, 2769, 2817,
2883 were thereupon introduced and read by title.

REMOVE FROM CONSENT CALENDAR
 An objection having been made to SB 224 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
      The Committee on Agriculture recommends SB 532 be amended on page 5, in line 1,
by striking ``the'' and inserting ``an out-of-state''; also in line 1, by striking ``an'' and inserting
``a licensed,''; in line 2, after the period, by inserting ``Kansas buyers shall be furnished a
health certificate upon request.''; and the bill be passed as amended.

 Committee on Education recommends SB 381 be amended on page 5, in line 5, by
striking ``two'' and inserting ``five''; in line 14, by striking ``two'' and inserting ``five''; in line
29, by striking ``two'' and inserting ``five'';

      On page 9, in line 36, by striking ``two'' and inserting ``five'';

      On page 15, in line 42, by striking ``two'' and inserting ``five'';

      On page 16, in line 5, by striking ``two'' and inserting ``five'';

      On page 22, in line 37, by striking ``two'' and inserting ``five'';

      On page 27, in line 2, by striking ``two'' and inserting ``five'';

      On page 31, in line 17, by striking ``two'' and inserting ``five'';

      On page 35, in line 40, by striking ``two'' and inserting ``five'';

      On page 41, in line 10, by striking ``two'' and inserting ``five'';

      On page 44, following line 19, by inserting three new sections as follows:

      ``Sec.  53. K.S.A. 1999 Supp. 74-32,112 is hereby amended to read as follows: 74-32,112.
(a) This act shall be known and may be cited as the Kansas ethnic minority fellowship
program.

      (b) The legislature hereby finds that: (1) The enrollment of certain ethnic minority
students in graduate programs is low and declining; and (2) the ratio of graduate students
who receive teaching and research assistantships is lower for ethnic minority students than
for Caucasian students; and (3) the ethnic origin of faculty at institutions of higher education
is disproportionately Caucasoid.

      (c) The legislature hereby declares that it is the intention of this act to provide for a
program under which the state in cooperation with the state educational institutions may
award grants of financial assistance in the form of fellowships to qualified ethnic minority
graduate students as a means of: (1) recruiting and retaining ethnic minority students in the
graduate programs of the state educational institutions; and (2) attracting and retaining
ethnic minority faculty members and educational leaders in Kansas in order to enhance the
diversity of the student population.

      Sec.  54. K.S.A. 1999 Supp. 74-32,113 is hereby amended to read as follows: 74-32,113.
As used in this act:

      (a) ``Kansas ethnic minority fellowship program'' means a program under which grants
of financial assistance in the form of fellowships are awarded to qualified ethnic minority
graduate students.

      (b) ``Qualified ethnic minority graduate student'' means a person who: (1) Is a citizen
of the United States; (2) is a member of an ethnic minority group; (3) has been accepted
for admission to or is enrolled full time in a graduate program at a state educational
institution; and (4) has qualified for the award of a fellowship under the Kansas ethnic
minority fellowship program on the basis of having demonstrated scholastic ability, or who
has previously so qualified and remains qualified for renewal of the fellowship on the basis
of remaining in good standing and making satisfactory progress toward completion of the
requirements of the graduate program in which enrolled.

      (c) ``Ethnic minority group'' means a group of persons categorized as: (1) American
Indian; (2) Asian or Pacific Islander; (3) Black, non-Hispanic; or (4) Hispanic.

      (d) ``American Indian'' means a person having origins in the original peoples of North
America and who maintains cultural identification through tribal affiliation or community
recognition.

      (e) ``Asian'' or ``Pacific Islander'' means a person having origins in any of the original
peoples of Laos, Vietnam, Cambodia, or Korea the Far East, Southeast Asia, the Indian
Subcontinent, or Pacific Islands, including, but not by way of limitation, persons from China,
Japan, Korea, the Philippine Islands, Samoa, India, Laos, Vietnam, or Cambodia.

      (f) ``Black, non-Hispanic'' means a person having origins in any of the black racial groups
of Africa (except those of Hispanic origin).

      (g) ``Hispanic'' means a person of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race.

      (h) ``State educational institution'' has the meaning ascribed thereto in K.S.A. 76-711,
and amendments thereto.

      (i) ``Executive officer'' means the executive officer of the state board of regents,
appointed under K.S.A. 74-3203 1999 Supp. 74-3203a, and amendments thereto.

      Sec.  55. K.S.A. 1999 Supp. 74-32,118 is hereby amended to read as follows: 74-32,118.
(a) The state board of regents shall adopt rules and regulations for administration of the
Kansas ethnic minority fellowship program and shall establish terms, conditions and
obligations which shall be incorporated into the provisions of any agreement entered into
between the executive officer and an applicant for the award of a fellowship under the
program. The terms, conditions and obligations shall be consistent with the provisions of
law relating to the program and shall include, but not be limited to, the circumstances under
which eligibility for financial assistance under the program may be terminated, the amount
of financial assistance to be provided, the circumstances under which obligations may be
discharged or forgiven, the amount of money required to be repaid because of failure to
satisfy the obligations under an agreement and the method of repayment.

      (b) The state board of regents shall review the Kansas ethnic minority fellowship
program annually to determine if the program is meeting the intention of the legislature and
to make recommendations to the legislature for continuance, discontinuance, expansion, or
contraction of the program.'';

      By renumbering sections 53 and 54 as sections 56 and 57, respectively;

      Also on page 44, in line 26, after ``74-32,107,'' by inserting ``74-32,112, 74-32,113,''; also
in line 26, after ``74-32,117,'' by inserting ``74-32,118,'';

      In the title, in line 16, after ``74-32,107,'' by inserting ``74-32,112, 74-32,113,''; in line 17,
after ``74-32,117'' by inserting ``, 74-32,118,''; and the bill be passed as amended.

 Also, SB 552 be amended on page 2, by striking line 42; in line 43, by striking ``ments
thereto'' and inserting ``set forth in subsection (b) of K.S.A. 1999 Supp. 38-141, and
amendments thereto'';

      On page 3, following line 7, by inserting a new section as follows:

      ``Sec.  2. K.S.A. 1999 Supp. 72-8302 is hereby amended to read as follows: 74-8302. (a)
The board of education of a school district may provide or furnish transportation for pupils
who are enrolled in the school district to or from any school of the school district or to or
from any school of another school district attended by such pupils in accordance with the
provisions of an agreement entered into under authority of K.S.A. 72-8233, and amendments
thereto.

      (b)  (1) When any or all of the conditions specified in this provision exist, the board of
education of a school district shall provide or furnish transportation for pupils who reside
in the school district and who attend any school of the school district or who attend any
school of another school district in accordance with the provisions of an agreement entered
into under authority of K.S.A. 72-8233, and amendments thereto. The conditions which
apply to the requirements of this provision are as follows:

      (A) The residence of the pupil is inside or outside the corporate limits of a city, the
school building attended is outside the corporate limits of a city and the school building
attended is more than 21/2 miles by the usually traveled road from the residence of the pupil;
or

      (B) the residence of the pupil is outside the corporate limits of a city, the school building
attended is inside the corporate limits of a city and the school building attended is more
than 21/2 miles by the usually traveled road from the residence of the pupil; or

      (C) the residence of the pupil is inside the corporate limits of one city, the school
building attended is inside the corporate limits of a different city and the school building
attended is more than 21/2 miles by the usually traveled road from the residence of the pupil.

      (2) The provisions of this subsection are subject to the provisions of subsections (c) and
(d).

      (c) The board of education of every school district is authorized to adopt rules and
regulations to govern the conduct, control and discipline of all pupils while being transported
in school buses. The board may suspend or revoke the transportation privilege or entitlement
of any pupil who violates any rules and regulations adopted by the board under authority
of this subsection.

      (d) The board of education of every school district may suspend or revoke the
transportation privilege or entitlement of any pupil who is detained at school at the
conclusion of the school day for violation of any rules and regulations governing pupil
conduct or for disobedience of an order of a teacher or other school authority. Suspension
or revocation of the transportation privilege or entitlement of any pupil specified in this
subsection shall be limited to the school day or days on which the pupil is detained at school.
The provisions of this subsection do not apply to any pupil who has been determined to be
an exceptional child, except gifted children, under the provisions of the special education
for exceptional children act.

      (e)  (1) Subject to the limitations specified in this subsection, the board of education of
any school district may prescribe and collect fees to offset, totally or in part, the costs
incurred for the provision or furnishing of transportation for pupils. The limitations which
apply to the authorization granted by this subsection are as follows:
      (A) Fees for the provision or furnishing of transportation for pupils shall be prescribed
and collected only to recover the costs incurred as a result of and directly attributable to the
provision or furnishing of transportation for pupils and only to the extent that such costs
are not reimbursed from any other source provided by law;
      (B) fees for the provision or furnishing of transportation may not be assessed against or
collected from any pupil who is counted in determining the transportation weighting of the
school district under the provisions of the school district finance and quality performance
act or any pupil who is determined to be a child with disabilities under the provisions of the
special education for exceptional children act or any pupil who is eligible for free or reduced
price meals under the national school lunch act or any pupil who is entitled to transportation
under the provisions of subsection (a) of K.S.A. 72-8306, and amendments thereto, and who
resides 21/2 miles or more by the regular route of a school bus from the school attended;
      (C) fees for the provision or furnishing of transportation for pupils in accordance with
the provisions of an agreement entered into under authority of K.S.A. 72-8233 or 72-8307,
and amendments thereto, shall be controlled by the provisions of the agreement.
      (2) All moneys received by a school district from fees collected under this subsection
shall be deposited in the transportation fund of the district.'';

      By renumbering sections 2 and 3 as sections 3 and 4, respectively;

      Also on page 3, in line 8, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 72-8302
are'';

      In the title, in line 10, after the semicolon, by inserting ``authorizing the collection of fees
for transportation of pupils;''; also in line 10, after ``and'', by inserting ``K.S.A. 1999 Supp.
72-8302 and''; in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed
as amended.

 Committee on Elections and Local Government recommends SB 642 be amended
on page 1, in line 19, by striking ``21/2'' and inserting ``two''; and the bill be passed as
amended.

 Committee on Energy and Natural Resources recommends SB 501 be amended on
page 3, in line 8, before ``The'' by inserting ``The total amount of linked deposit loans for
any one site shall not exceed $300,000.''; in line 39, by striking ``a zero interest rate'' and
inserting ``an interest rate which is 2% below the market rate, as determined under K.S.A.
75-4237, and amendments thereto'';

      On page 4, in line 6, by striking ``does not exceed 4%'' and inserting ``is not more than
2% above the market rate, as determined under K.S.A. 75-4237, and amendments thereto'';

      On page 10, in line 30, by striking ``zero percent interest rate'' and inserting ``an interest
rate which is 2% less than the market rate determined under this section''; and the bill be
passed as amended.

 Committee on Financial Institutions and Insurance recommends SB 574 be passed.

 Committee on Judiciary recommends SB 423 be passed.

 Also, SB 461 be amended on page 6, in line 31, after ``guardians'' by inserting ``and shall
discharge the child from the custody of the secretary'';

      On page 7, in line 3, after ``guardians'' by inserting ``and shall discharge the child from
the custody of the secretary''; and the bill be passed as amended.

 SB 505 be amended on page 1, by striking all in lines 14 through 43;

      By striking all on pages 2 and 3;

      On page 4, by striking all in lines 1 through 12; in line 13, by striking ``Sec. 2.'' and
inserting ``Section 1.'';

      On page 5, in line 37, by striking all after ``(p)''; by striking all in lines 38 through 43;

      On page 6, in line 1, by striking ``(q)''; in line 12, by striking ``(r)'' and inserting ``(q)''; in
line 16, by striking ``3'' and inserting ``2''; also in line 16, by striking all after ``19-4804''; in
line 17, by striking ``are'' and inserting ``is''; in line 18, by striking ``4'' and inserting ``3'';

      On page 1, in the title, in line 10, by striking ``K.S.A. 1999 Supp. 19-101a and''; in line
11, by striking all after ``existing'' and inserting ``section.''; and the bill be passed as amended.

 Committee on Judiciary recommends SB 480, 584 be not passed.

 Committee on Public Health and Welfare recommends SB 372 be passed.

 Also, SB 397 be amended on page 2, in line 5, by striking ``diagnosis'' and inserting
``diagnose''; also in line 5, after the period, by inserting: ``As used in this subsection: (1) The
term ``diagnose and treat'' shall be defined by the board by rules and regulations; and (2)
the term ''mental disorder`` means a mental disorder specified in the edition of the diagnostic
and statistical manual of mental disorders of the American psychiatric association designated
by the board by rules and regulations.''; and the bill be passed as amended.

 SB 527 be amended on page 1, in line 24, after the period, by inserting: ``The board shall
revoke a licensee's license following conviction of a felony occurring after July 1, 2000,
unless a 2/3 majority of the board members present and voting determine by clear and
convincing evidence that such licensee will not pose a threat to the public in such person's
capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the
public trust.''; in line 25, after ``felony'' by inserting ``and''; in line 26, by striking ``, renewal
or reinstated''; also in line 26, by striking ``, an'' and inserting ``or to reinstate a canceled
license, the'';

      On page 2, in line 5, by striking ``the branch of''; in line 6, by striking ``for which the
licensee is licensed''; in line 7, before ``illness'' by inserting ``physical or mental''; also in line
7, after ``illness'' by inserting ``or condition''; also in line 7, by striking ``alcoholism, excessive''
and inserting ``or''; also in line 7, before ``drugs'' by inserting ``alcohol,''; also in line 7, by
striking the comma where it appears for the last time and inserting ``or''; in line 8, by striking
all after ``substances''; in line 9, by striking all before the period; in line 13, before the period,
by inserting: ``either in the course of an investigation or a disciplinary proceeding''; in line
19, by striking ``, and the'' and inserting: ``or to a presiding officer authorized pursuant to
K.S.A. 75-514 and amendments thereto. The'';

      On page 3, in line 16, after ``inform'' by inserting ``in writing''; in line 18, by striking all
after ``treatment''; by striking all in lines 19 through 37; in line 38, by striking all before the
period and inserting: ``recognized by licensees of the same profession in the same or similar
communities as being acceptable under like conditions and circumstances'';

      On page 5, after line 19, by inserting the following:

      ``Sec.  2. K.S.A. 1999 Supp. 65-2811 is hereby amended to read as follows: 65-2811. (a)
The board may issue a temporary permit to practice the appropriate branch of the healing
arts to any person who has made proper application for a license by endorsement, has the
required qualifications for such license and has paid the prescribed fees, and such permit,
when issued, shall authorize the person receiving the permit to practice within the limits of
the permit until the license is issued or denied by the board, but no more than one such
temporary permit shall be issued to any one person without the approval of 2/3 of the
members of the board.

      (b) The board may issue a postgraduate permit to practice the appropriate branch of
the healing arts to any person who is engaged in a full time, approved postgraduate training
program; has made proper application for such postgraduate permit upon forms approved
by the board; meets all qualifications of licensure, except the examinations required under
K.S.A. 65-2873 and amendments thereto and postgraduate training, as required by this act;
has paid the prescribed fees established by the board for such postgraduate permit; has
passed such examinations in the basic and clinical sciences approved under rules and
regulations adopted by the board; and, if the person is a graduate of a foreign medical
school, has passed an examination given by the educational commission for foreign medical
graduates.

      (c) The postgraduate permit issued under subsection (b), when issued, shall be valid for
a period not to exceed 36 months and shall authorize the person receiving the permit to
practice the appropriate branch of the healing arts in the postgraduate training program
while continuously so engaged but shall not authorize the person receiving the permit to
engage in the private practice of the healing arts.

      (d) A postgraduate permit issued under subsection (b) shall be canceled if:

      (1) The holder thereof ceases to be engaged in the postgraduate training program; or

      (2) the holder thereof has engaged in the practice of the healing arts outside of the
postgraduate training program.'';

      And by renumbering sections accordingly;

      Also on page 5, in line 20, after ``Supp.'' by inserting ``65-2811 and''; also in line 20, by
striking ``is'' and inserting ``are'';

      On page 1, in the title, in line 10, after the semicolon, by inserting: ``actions against
licensees; temporary permits;''; also in line 10, after ``Supp.'' by inserting ``65-2811 and''; in
line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.

 SB 557 be amended on page 1, in line 19, after the period, by inserting: ``Each crematory
shall be under the personal supervision of a licensed funeral director or embalmer except
such provision shall not apply to any cemetery owned crematory in existence on or before
July 1, 2000.''; in line 36, before the semicolon, by inserting ``, if the applicant is a
corporation''; in line 43, by striking ``and'';

      On page 2, before line 1, by inserting the following:

      ``(6) the name and license number of the funeral home director or embalmer in charge
of the crematory; and'';

      Also on page 2, in line 1, by striking ``(6)'' and inserting ``(7)''; in line 11, before the
semicolon, by inserting ``, if the applicant is a corporation''; in line 16, by striking ``and'';
before line 17, by inserting the following:

      ``(5) the name and license number of the funeral director or embalmer in charge of the
crematory; and'';

      Also on page 2, in line 17, by striking ``(5)'' and inserting ``(6)''; in line 21, by striking
``1999 Supp.'';

      On page 3, in line 16, by striking ``1999 Supp.'';

      On page 6, in line 10, after ``reasonable'' by inserting ``rules and'';

      On page 7, in line 39, by striking ``1999 Supp.'';

      On page 9, in line 7, by striking ``individual'' and inserting ``funeral director or embalmer'';
in line 15, by striking ``1999 Supp.'';

      On page 10, in line 5, by striking ``any''; in line 10, by striking ``that'' and inserting ``the
notification of''; in line 11, by striking ``do not object''; also in line 11, by striking ``serve as
the authorizing agent'' and inserting ``direct the manner of disposition''; also in line 11, after
``the'' where it appears for the last time, by inserting ``funeral establishment or''; in line 12,
by striking ``cremation'' and inserting ``manner of disposition''; in line 22, by striking all after
``(8)''; in line 23, by striking ``thereto,''; also in line 23, by striking ``individual'' and inserting
``individuals''; in line 24, before the period, by inserting ``, the public official charged with
arranging the final disposition pursuant to K.S.A. 22a-215, and amendments thereto''; in
line 27, by striking ``the decedent or''; and the bill be passed as amended.

 Committee on Transportation and Tourism recommends SB 536 be amended on page
3, in line 10, by striking ``a resident of this state and is'';

      On page 4, by striking all in lines 25 through 29; in line 30, by striking ``6.'' and inserting
``5.''; following line 35, by inserting the following:

      ``New Sec.  6. Sections 2 through 6 shall be part of and supplemental to article 11 of
chapter 32 of the Kansas Statutes Annotated.''; and the bill be passed as amended.

REPORT ON ENROLLED BILLS
 SR 1812, 1813 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 22, 2000.

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
Langworthy in the chair.

 Pursuant to Senate Rule 53, and upon unanimous consent, SB 613 was advanced as the
second bill on the calendar under the heading of General Orders.

 On motion of Senator Langworthy the following report was adopted:

   Recommended SB 427, 481, 613 be passed.

 SB 24, 369, 405, 424, 443, 470, 498, 502, 564 be amended by adoption of the
committee amendments, and the bills be passed as amended.

 SB 462 be amended by adoption of the committee amendments.

 Senator Hensley moved to amend the bill as amended by Senate Committee, on page 1,
in in 22 by striking ``January'' and inserting ``December''; also in line 22 after ``the'' by
inserting ``next''.

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 12, Nays 26, Present and Passing 0, Absent or Not Voting
2.

 Yeas: Barone, Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee, Petty,
Steineger, Stephens.

 Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vratil.

 Absent or Not Voting: Feleciano, Vidricksen.

 The motion failed and the amendment was rejected.

 The Committee recommended SB 462, as amended by adoption of the committee
amendments, be passed as amended.

 SB 425 be amended by motion of Senator Pugh on page 1, line 29, by deleting the period,
inserting a comma, and adding the following language: ``except that, no judgement, decree
or order arising out of any traffic code or any code that is criminal, quasi-criminal, or purely
regulatory in nature shall be enforced under the provisions of this act.'', and the bill be
passed as amended.

 SB 430 be amended by adoption of the committee amendments, be further amended by
motion of Senator Bond as amended by Senate Committee, on page 2, following line 17,
by inserting:

      ``Sec.  3. K.S.A. 1999 Supp. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.

      (b) No person shall drink or consume alcoholic liquor on private property except:

      (1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;

      (2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or

      (5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.

      (c) No person shall drink or consume alcoholic liquor on public property except:

      (1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.

      (2) In any state-owned or operated building or structure, and on the surrounding
premises, which is furnished to and occupied by any state officer or employee as a residence.

      (3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.

      (4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.

      (5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for
purposes of judging competitions.

      (6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as
authorized by rules and regulations of the state historical society.

      (7) On the premises of any state-owned historic site under the jurisdiction and
supervision of the state historical society, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the state historical
society.

      (8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on
state-owned or leased property.

      (9) In the Hiram Price Dillon house or on its surrounding premises, subject to
limitations established in policies adopted by the legislative coordinating council, as provided
by K.S.A. 75-3682, and amendments thereto.

      (10) On the premises of the Kansas national guard regional training center located in
Saline county, and any building on such premises, as authorized by rules and regulations of
the adjutant general and upon approval of the Kansas military board.

      (11) On property exempted from this subsection (c) pursuant to subsection (d), (e), (f),
(g) or, (h) or (i).

      (d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified
property the title of which is vested in such city.

      (e) The board of county commissioners of any county may exempt, by resolution, from
the provisions of subsection (c) specified property the title of which is vested in such county.

      (f) The state board of regents may exempt from the provisions of subsection (c) the
Sternberg museum on the campus of Fort Hays state university, or other specified property
which is under the control of such board and which is not used for classroom instruction,
where alcoholic liquor may be consumed in accordance with policies adopted by such board.

      (g) The board of regents of Washburn university may exempt from the provisions of
subsection (c) the Mulvane art center and the Bradbury Thompson alumni center on the
campus of Washburn university, and other specified property the title of which is vested in
such board and which is not used for classroom instruction, where alcoholic liquor may be
consumed in accordance with policies adopted by such board.

      (h) Any city may exempt, by ordinance, from the provisions of subsection (c) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.

      (i) The board of trustees of a community college may exempt from the provisions of
subsection (c) specified property which is under the control of such board and which is not
used for classroom instruction, where alcoholic liquor may be consumed in accordance with
policies adopted by such board.

      (i) (j) Violation of any provision of this section is a misdemeanor punishable by a fine
of not less than $50 or more than $200 or by imprisonment for not more than six months,
or both.'';

      By renumbering sections accordingly;

      Also on page 2, in line 18, following ``41-318'' by inserting ``and K.S.A. 1999 Supp. 41-
719 and 41-719a'';

      In the title, by striking all in lines 10, 11 and 12 and inserting:

  ``AN ACT concerning alcoholic liquor; relating to the regulation of the sale and consumption
      thereof; amending K.S.A. 41-303 and 41-318 and K.S.A. 1999 Supp. 41-719 and
      repealing the existing sections; also repealing K.S.A. 1999 Supp. 41-719a.'', and the bill
      be passed as further amended.

         SB 431 be amended by adoption of the committee amendments, be further amended by
motion of Senator Salisbury as amended by Senate Committee, on page 1, after line 16, by
inserting an additional paragraph as follows:

      ``(1) ''Existing local exchange carrier or telecommunications carrier`` does not mean an
affiliate or subsidiary of the local exchange carrier or telecommunications carrier.'';

      And by renumbering the existing paragraphs accordingly, and the bill be passed as further
amended.

 SB 433 as amended by adoption of the committee report and by Senators Brownlee and
Vratil in Committee of the Whole, Tuesday, February 15, 2000, be passed as further
amended.

 The following amendment offered to SB 433 by Senator Gooch was rejected: as amended
by Senate Committee, on page 2, in line 16, by striking ``, in''; in line 17, by striking ``the
event the'' and inserting ``shall state that the pupil will be provided with an alternative
education program during the term of the suspension. If a''.

 SB 478 be amended by adoption of the committee amendments, be further amended by
motion of Senator Clark as amended by Senate Committee, on page 1, in line 31, by striking
all after ``systems''; in line 32, by striking all before the period, and the bill be passed as
further amended.

   On motion of Senator Emert the Senate adjourned until 1:30 p.m., Wednesday, February
23, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.