March 24, 2000

Journal of the Senate

FIFTY-THIRD DAY
______
Senate Chamber, Topeka, Kansas
Friday, March 24, 2000--9:30 a.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-nine senators present.

 Senator Oleen was excused.

 President Bond introduced as guest chaplain Rev. Cynthia Neufeld Smith, Pastor,
Southern Hills Mennonite Church, Topeka, who delivered the invocation:

     Eternal God,

  we pause in our activity to acknowledge you as creator of all people,

  giver of all good gifts,

  the source of life and this day,

  and to express our gratitude for the many wonders of life.

 Guide each person at work here in this place.

 May they use their power to bring justice,

  especially to those who are powerless and in need.

 May they make decisions today that bring life and wholeness --

  life and wholeness for all people and the earth in which we live.

 Give them wisdom and discernment,

  grace to listen to each other,

  and strength for the task given them.

 Be with their families, wherever they are,

  and keep them safe.

 Amen.

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

   Agriculture: HCR 5070.

 Assessment and Taxation: HB 2678; 3007.

 Commerce: HB 3011.

 Federal and State Affairs: SB 669.

 Public Health and Welfare: HB 2814.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Salisbury the Senate nonconcurred in the House amendments to
H Sub for SB 40 and requested a conference committee be appointed.

 The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.

 On motion of Senator Salisbury the Senate nonconcurred in the House amendments to
SB 248 and requested a conference committee be appointed.

 The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.

 On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 410 and requested a conference committee be appointed.


 The President appointed Senators Langworthy, Corbin and Lee as a conference
committee on the part of the Senate.

 On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
447 and requested a conference committee be appointed.

 The President appointed Senators Emert, Vratil and Goodwin as a conference committee
on the part of the Senate.

 On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
471 and requested a conference committee be appointed.

 The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.

 On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 502 and requested a conference committee be appointed.

 The President appointed Senators Langworthy, Corbin and Lee as a conference
committee on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Ranson, Becker, Downey, Feleciano, Harrington, Kerr, Lawrence, Oleen and
Petty introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No 1827--

  A RESOLUTION in memory of Steve Harper.
   WHEREAS, Steve Harper, a long-time outdoor writer and photographer for the Wichita
Eagle, died February 6, 2000, of cancer at age 55; and

 WHEREAS, Steve Harper was a wanderer of the back roads and byways of the state and
a person who saw something special and unique in everything in his path. His habit of
stopping to talk to farmers in their fields and of frequenting small town cafes caused him
to be acquainted with a myriad of Kansans. In 1990 he published ``83,000 Square Miles: No
Lines, No Waiting,'' a compilation of his day-trip columns and spectacular photographs that
urged Kansans to explore Kansas' treasures. Former Kansas governor Mike Hayden called
Harper ``the conscience of the outdoor community''; and

 WHEREAS, Steve Harper, a third-generation Kansan, was born August 26, 1944, in
Newton and graduated from Newton high School in 1962. He completed a tour of duty in
the U.S. Air Force before attending the Brooks Institute of Photography and Fine Arts in
Santa Barbara, California, where he earned a bachelor's degree in motion pictures. After
spending a few years as a genuine California hippie, he returned to Kansas in 1971 to take
a job as the production department manager of the audio-visual center at Wichita State
University. Upon joining the Wichita Eagle as director of photography he began his day
trips to discover Kansas. Thomas Koetting, former Eagle reporter, said ``To me, Steve
epitomized so much of what the state is all about. He taught me that you have to slow down
and look closely to really understand and appreciate Kansas. And when you do, it's truly
one of the most beautiful places you've seen''; and

 WHEREAS, The Steve Harper scholarship fund has been established by Governor Bill
Graves and the Kansas Department of Wildlife and Parks to honor Steve Harper's career
and his interest in and love of Kansas. The fund will endow scholarships for Kansas students
entering a Kansas college or university to study photography or natural resources. The fund
will be established through Kansas Wildscape, a not-for-profit foundation dedicated to
outdoor activities. Wildscape will seek contributions from individuals and corporations;
contributions may be sent to the Steve Harper Scholarship Fund, c/o Kansas Wildlife, P.O.
Box 4029, Lawrence, Kansas 66046; and

 WHEREAS, Steve Harper is survived by his wife, Charlotte, three daughters, Alicia,
Audrey and Rachel, and two grandchildren: Now, therefore,

   Be it resolved by the Senate of the State of Kansas: That we express our appreciation for
Steve Harper's teaching us about the natural wonders of Kansas and express our sympathy
to his family and friends; and


 Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Mrs. Steve Harper, 512 Myrtle, Newton, Kansas 67114 and to the
Wichita Eagle, P. O. Box 820, Wichita, Kansas 67201.

   On emergency motion of Senator Ranson SR 1827 was adopted unanimously.

 Senator Ranson introduced Mr. Harper's wife, Charlotte, and daughters, Alicia, Audrey
and Rachel, who were guests of the Senate.

   Senator Barone introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1828--

  A RESOLUTION congratulating and commending Frank Crespino.
   WHEREAS, Frank Crespino of Pittsburg, a coaching legend in southeast Kansas, has
been selected for induction into the Kansas State High School Activities Association Hall
of Fame. The award presentation is to be held in Pittsburg on April 8, 2000, at the Saint
Mary's Activity Center; and

 WHEREAS, Frank Crespino's career was spread over nearly four decades, including
teaching and coaching at St. Mary's-Colgan High School from 1961 to 1987, and as a school
administrator at Weir Elementary School from 1987 to 1992 and at St. Mary's Elementary
School from 1992 to 1998; and

 WHEREAS, Frank Crespino coached football, basketball and baseball, experiencing
much success and earning him respect among his athletes and peers. He had high
expectations for himself and his players. His teams were conditioned, disciplined and
prepared. He won state football championships in 1974 and 1975 with a 33 game winning
streak from 1973 to 1977; his basketball team was state runner-up in 1962 and he had state
baseball championships in 1962, 1967 and 1971 plus five runner-up places. His overall
coaching record was 405 wins, 120 losses and four ties; and

 WHEREAS, Frank Crespino was more than a winning coach, he taught young boys to
be young men. He taught by example; his greatest strength was consistent discipline and
the ability to bring out the best in his athletes; and

 WHEREAS, Frank Crespino was also a great athlete himself. Through athletic
competition at the elementary, high school and college levels he never played on a team
with a losing season. He lettered in football all four years while a student at Kansas State
Teachers College at Pittsburg earning the nickname of ``Old Reliable'' for himself: Now,
therefore,

   Be it resolved by the Senate of the State of Kansas: That we express our appreciation for
the difference Frank Crespino has made for the school children of southeast Kansas and
congratulate him upon being inducted into the Kansas State High School Activities
Association Hall of Fame; and

 Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Senator Barone.

 On emergency motion of Senator Barone SR 1828 was adopted unanimously.

   Senator Emert introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1829--

  A RESOLUTION congratulating and commending the Burlington High Schoolgirls
      basketball team and Coach Doug Stewart for winning the 2000Class 4A State Basketball
      Championship.

         WHEREAS, The Burlington High School girls basketball team won the 2000 Kansas
State High School Activities Association Class 4A State Basketball Championship on March
11, 2000, at Salina's Bicentennial Center; and

 WHEREAS, The Burlington girls won the state championship with a thrilling 61-60
overtime victory over Marysville High School in the state championship game; and

 WHEREAS, The Burlington High School ``Lady Cats'' basketball team finished the
season with a perfect 26-0 record; and

 WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and


 WHEREAS, The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,

   Be it resolved by the Senate of the State of Kansas: That the Burlington High School girls
basketball team and Coach Stewart be congratulated and commended for winning the 2000
Kansas State High School Activities Association Class 4A State Basketball Championship;
and

 Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Dan Mueller, Principal, Burlington High School, 830 Cross
Street, Burlington, Kansas 66839-1103.

   On emergency motion of Senator Emert SR 1829 was adopted unanimously.

   Senator Pugh introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1830--

  A RESOLUTION congratulating and commending the St. Marys
High School girls volleyball and basketball teams.
   WHEREAS, The St. Marys High School girls volleyball team is the 1999-2000 Kansas
State High School Activities Association Class 3-A champion; and the girls basketball team
is the 1990-2000 Kansas State High School Activities Association Class 3-A basketball
champion. Furthermore, there is talk in the community that the St. Marys girls will win the
state softball championship as well; and

 WHEREAS, The girls volleyball team, coached by first year coach Denise Richardson,
compiled a 34-6 record beating Silver Lake at the regional meet and defeating Conway
Springs October 30, 1999, for the state championship. Abbie Jacobson was selected as all
state, all classes, and as class 3-A player of the year; Nicole Heim was selected as all state,
all classes; Ashley Smith was selected as all state, all classes and Anna Reese was selected
as all league; and

 WHEREAS, The girls basketball team, coached by eight-year coach Kevin Kinderknecht,
compiled a 22-4 record. The team defeated Silver Lake in regional play then defeated, in
turn, Immaculata, Lakin and finally Smith Center March 11, 2000, for the state
championship. The size and experience of the five St. Marys seniors, Jill Harris, Nicole
Heim, Abbie Jacobson, Amber Lannan and Heidi Lasswell, were the dominant factors in
their success; and

 WHEREAS, The members of these outstanding teams have received statewide
recognition for their fine sportsmanship and athletic abilities; and

 WHEREAS, The success of these teams is due to their excellent teamwork, strong
competitive spirit and determination to win plus the enthusiastic support of the school's
administrators, the faculty, the students, the players' parents and many area citizens: Now,
therefore,

   Be it resolved by the Senate of the State of Kansas: That the St. Marys High School girls
volleyball and basketball teams be congratulated and commended for winning the 1999-
2000 Kansas State High School Activities Association Class 3-A state volleyball and
basketball championships; and

 Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Ed West, Principal, St. Marys High School, 601 E. Lasley, St.
Marys, Kansas 66536-1798.

   On emergency motion of Senator Pugh SR 1830 was adopted unanimously.

 Members and coaches of the St. Marys High School girls volleyball and basketball teams
were guests and were welcomed by members of the Senate.

   Senator Vidricksen introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1831--

  A RESOLUTION congratulating and commending Bob Edwards.
   WHEREAS, Bob Edwards, a retired Salina music teacher, has been inducted into the
Western Swing Society Hall of Fame located in Sacremento, California; and


 WHEREAS, Western swing, like jazz, is recognized as one of America's unique music
styles and could be called Nashville's version of jazz. Bob Wells is credited with founding
western swing music in the 1930's. Like jazz, western swing relies on improvization and a
heavy rhythm but with the melody being carried by fiddles and steel guitars instead of
trumpets and saxophones; and

 WHEREAS, Bob Edwards, who spent 26 years teaching classical music in Salina public
schools and is a well known classical musician, was introduced to western swing when a
radio station talked him into filling in with a western swing group: Now, therefore,

   Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Bob Edwards upon his induction into the Western Swing Society Hall of Fame; and

 Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Senator Vidricksen.

   On emergency motion of Senator Vidricksen SR 1831 was adopted unanimously.

   Senator Vidricksen introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1832--

  A RESOLUTION congratulating and commending Duane Pollard.
   WHEREAS, Duane Pollard of Salina has been inducted into the Western Swing Society
Hall of Fame located in Sacremento, California; and

 WHEREAS, Western swing, like jazz, is recognized as one of America's unique music
styles and could be called Nashville's version of jazz. Bob Wells is credited with founding
western swing music in the 1930's. Like jazz, improvisation plays a big part but the
instruments used are guitar, banjo and violin instead of trumpet and saxophone. The music
is very danceable having a heavy beat; and

 WHEREAS, Duane Pollard played the guitar in the Wichita based Mack Sanders band.
During the 1950's and 60's the band played with stars such as Minnie Pearl, Roy Clark and
Tex Ritter and recorded an album of western swing music; and

 WHEREAS, Flo Carpenter, president of the Western Swing Society in Sacremento,
California, hearing him play in Wichita, declared he was a wonderful musician. He was
nominated for the Hall of Fame award by Bob Edwards, his long time fellow Salina musician:
Now, therefore,

   Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Duane Pollard upon his induction into the Western Swing Society Hall of Fame; and

 Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Senator Vidricksen.

   On emergency motion of Senator Vidricksen SR 1832 was adopted unanimously.

COMMITTEE OF THE WHOLE
 On motion of Senator Emert, the Senate resolved itself into Committee of the Whole,
for the consideration of bills on the calendar under the heading of General Orders with
Senator Lawrence in the chair.

 Recommended HB 2671 be passed.

 SB 398; HB 2755 be amended by adoption of the committee amendments, and the bills
be passed as amended.

 SCR 1624 be amended by adoption of the committee amendments, and the concurrent
resolution be adopted as amended.

 SB 592 be amended by adoption of the committee amendments, be further amended by
motion of Senator Kerr, as amended by Senate Committee, on page 1, in line 30, by striking
``for''; in line 31, by striking all before ``to''; and SB 592 be passed as further amended.
 HB 2328 be amended by adoption of the committee amendments, be further amended
by motion of Senator Hardenburger, as amended by Senate Committee, on page 7, in line
9, by striking all after ``person''; by striking all in lines 10 through 12; in line 13, by striking
all before the period and inserting the following: ``mail, fax or otherwise cause the application
to be sent to a place other than the county election office. Any person or group engaged in
the distribution of advance voting ballot applications shall mail, fax or otherwise deliver any

application signed by a voter to the county election office within 48 hours after such
application is signed by the applicant''; and HB 2328 be passed as further amended.

 HB 2905 be amended by adoption of the committee amendments, be further amended
by motion of Senator Emert as amended by Senate Committee, on page 4, after line 12, by
inserting the following:

 ``Sec. 2. K.S.A. 1999 Supp. 60-228 is hereby amended to read as follows: 60-228. (a)
Within the United States. (1) Depositions may be taken in this state before any officer or
person authorized to administer oaths by the laws of this state.

 (2) Without the state but within the United States, or within a territory or insular
possession subject to the dominion of the United States, depositions shall be taken before
an officer authorized to administer oaths by the laws of the place where the examination is
held, or before a person appointed by the court in which the action is pending. A person
so appointed has power to administer oaths and take testimony.

 (3) Any court of record of this state, or any judge thereof, before whom an action or
proceeding is pending, is authorized to grant a commission to take depositions within or
without the state. The commission may be issued by the clerk to a person or persons therein
named, under the seal of the court granting the same.

 (b) In foreign countries. Depositions may be taken in a foreign country:

 (1) Pursuant to any applicable treaty or convention;

 (2) pursuant to a letter of request, whether or not captioned a letter rogatory;

 (3) on notice before a person authorized to administer oaths in the place where the
examination is held, either by the law of the United States or the law of that place;

 (4) before a person appointed by commission. A person appointed by commission has
power by virtue of the appointment to administer oaths and take testimony. A commission
or letter of request shall be issued on application and notice, and on terms and directions
that are just and appropriate. It is not requisite to the issuance of a commission or a letter
of request that the taking of the deposition in any other matter is impracticable or
inconvenient; and both a commission and letter of request may be issued in proper cases.
A notice or commission may designate the person before whom the deposition is to be taken
either by name or descriptive title. A letter of request may be addressed ''To the Appropriate
Judicial Authority in (here name the country).`` When a letter of request or any other device
is used pursuant to an applicable treaty or convention, it shall be captioned in the form
prescribed by that treaty or convention. Evidence obtained in response to a letter of request
shall not be excluded on the ground that it is not in the form of questions and answers or
is not a verbatim transcript of the testimony.

 (c) Disqualification for interest. No deposition shall be taken before a person who is: (1)
A relative or, employee or, attorney or counsel of any of the parties, or is; (2) a relative or
employee of such attorney or counsel, or is; (3) financially interested in the action; or (4)
under a contract to provide preferential pricing of reporting services to any of the parties
or to an attorney, counsel or insurer of any of the parties.

 (d) Depositions for use in foreign jurisdictions. Whenever the deposition of any person is
to be taken in this state pursuant to the laws of another state or of the United States or of
another country for use in proceedings there, the district court in the county where the
deponent resides or is employed or transacts his or her business in person may, upon ex
parte petition, make an order directing issuance of subpoena as provided in K.S.A. 60-245,
and amendments thereto, in aid of the taking of the deposition, and may make any order in
accordance with subsection (d) of K.S.A. 60-230, subsection (a) of K.S.A. 60-237 or
subsection (b)(1) of K.S.A. 60-237 and amendments thereto.'';

 And by renumbering sections accordingly;

 On page 14, in line 6, before ``60-312'' by inserting ``60-228 and'';

 On page 1, in the title, in line 12, before ``service'' by inserting ``civil procedure; relating
to''; also in line 12, after the semicolon, by inserting ``depositions;'' in line 14, before ``60-
312'' by inserting ``60-228 and'';

 HB 2905 was further amended by Senator Emert, as amended by Senate Committee,
on page 10, following line 30, by inserting the following:

 ``Sec. 5. K.S.A. 60-2611 is hereby amended to read as follows: 60-2611. In any civil action
to enforce payment of or to collect upon a check, order or draft on any bank, credit union,

savings and loan association or depository for the payment of money or its equivalent,
payment upon which such instrument has been refused because of insufficient funds or no
account, the party prevailing on such cause of action shall be awarded reasonable attorney
fees, such fees to be assessed by the court as costs against the losing party. The fees shall
not be allowed unless the plaintiff offers proof during the trial of such action that prior to
the filing of the petition in the action demand for payment of the check, order or draft had
been made upon the defendant by registered restricted mail not less than 14 days prior to
the filing of such suit.'';

 By renumbering the remaining sections accordingly;

 On page 14, in line 5, following ``60-308,'' by inserting ``60-2611,'';

 On page 1, in the title, in line 12, by striking ``service of process'' and inserting ``civil
procedure''; in line 13, following ``60-308,'' by inserting ``60-2611,'';

 Senator Brownlee moved to amend HB 2905, as amended by Senate Committee, on
page 10, following line 30, by inserting the following:

 ``Sec. 5. K.S.A. 60-1102 is hereby amended to read as follows: 60-1102. (a) Filing. Any
person claiming a lien on real property, under the provisions of K.S.A. 60-1101, and
amendments thereto, shall file with the clerk of the district court of the county in which
property is located, within four months 120 days when such property is residential property,
and within 180 days when such property is other than residential property, after the date
material, equipment or supplies, used or consumed was last furnished or last labor
performed under the contract a verified statement showing:

 (1) The name of the owner,

 (2) the name and address sufficient for service of process of the claimant,

 (3) a description of the real property,

 (4) a reasonably itemized statement and the amount of the claim, but if the amount of
the claim is evidenced by a written instrument, or if a promissory note has been given for
the same, a copy thereof may be attached to the claim in lieu of the itemized statement.

 (b) Recording. Immediately upon the receipt of such statement the clerk of the court
shall index the lien in the general index by party names and file number.

 Sec. 6. K.S.A. 60-1103 is hereby amended to read as follows: 60-1103. (a) Procedure. Any
supplier, subcontractor or other person furnishing labor, equipment, material or supplies,
used or consumed at the site of the property subject to the lien, under an agreement with
the contractor, subcontractor or owner contractor may obtain a lien for the amount due in
the same manner and to the same extent as the original contractor except that:

 (1) The lien statement must state the name of the contractor and be filed within three
months 90 days when such property is residential property, and within 180 days when such
property is other than residential property, after the date supplies, material or equipment
was last furnished or labor performed by the claimant;

 (2) if a warning statement is required to be given pursuant to K.S.A. 60-1103a, and
amendments thereto, there shall be attached to the lien statement the affidavit of the
supplier or subcontractor that such warning statement was properly given; and

 (3) a notice of intent to perform, if required pursuant to K.S.A. 60-1103b, and
amendments thereto, must have been filed as provided by that section.

 (b) Owner contractor is defined as any person, firm or corporation who:

 (1) Is the fee title owner of the real estate subject to the lien; and

 (2) enters into contracts with more than one person, firm or corporation for labor,
equipment, material or supplies used or consumed for the improvement of such real
property.

 (c) Recording and notice. When a lien is filed pursuant to this section, the clerk of the
district court shall enter the filing in the general index. The claimant shall (1) cause a copy
of the lien statement to be served personally upon any one owner, any holder of a recorded
equitable interest and any party obligated to pay the lien in the manner provided by K.S.A.
60-304, and amendments thereto, for the service of summons within the state, or by K.S.A.
60-308, and amendments thereto, for service outside of the state, (2) mail a copy of the lien
statement to any one owner of the property, any holder of a recorded equitable interest and
to any party obligated to pay the same by restricted mail or (3) if the address of any one
owner or such party is unknown and cannot be ascertained with reasonable diligence, post

a copy of the lien statement in a conspicuous place on the premises. The provisions of this
subsection requiring that the claimant serve a copy of the lien statement shall be deemed
to have been complied with, if it is proven that the person to be served actually received a
copy of the lien statement. No action to foreclose any lien may proceed or be entered against
residential real property in this state unless the holder of a recorded equitable interest was
personally served with notice in accordance with the provisions of this subsection.

 (d) Rights and liability of owner. The owner of the real property shall not become liable
for a greater amount than the owner has contracted to pay the original contractor, except
for any payments to the contractor made:

 (1) Prior to the expiration of the three-month time period for filing lien claims as provided
in subsection (a)(1), if no warning statement is required by K.S.A. 60-1103a, and
amendments thereto; or

 (2) subsequent to the date the owner received the warning statement, if a warning
statement is required by K.S.A. 60-1103a, and amendments thereto.

 The owner may discharge any lien filed under this section which the contractor fails to
discharge and credit such payment against the amount due the contractor.'';

 By renumbering the remaining sections accordingly;

 On page 14, in line 5, preceding ``61-1803'' by inserting ``60-1102, 60-1103,'';

 In the title, in line 12, by striking ``service of process;'' and inserting ``civil procedure;
relating to service of process; relating to certain liens''; in line 13, preceding ``61-1803'' by
inserting ``60-1102, 60-1103,'';

 Senator Goodwin requested the amendment be divided:

 Part I: Extending the filing period for mechanic's lien on other than residential property.

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

 On roll call, the vote was: Yeas 16, Nays 16, Present and Passing 6, Absent or Not Voting
2.

 Yeas: Becker, Bond, Brownlee, Clark, Donovan, Gilstrap, Harrington, Huelskamp,
Jordan, Praeger, Pugh, Salmans, Steineger, Tyson, Vidricksen, Vratil.

 Nays: Biggs, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Hensley,
Jones, Langworthy, Lawrence, Lee, Petty, Steffes, Stephens, Umbarger.

 Present and Passing: Barone, Bleeker, Corbin, Morris, Ranson, Salisbury.

 Absent or Not Voting: Kerr, Oleen.

 The motion failed and Part I of the amendment was rejected.

 Part II: as amended by Senate Committee, on page 10, following line 30, by inserting the
following:

 ``Sec. 5. K.S.A. 60-1103 is hereby amended to read as follows: 60-1103. (a) Procedure.
Any supplier, subcontractor or other person furnishing labor, equipment, material or
supplies, used or consumed at the site of the property subject to the lien, under an agreement
with the contractor, subcontractor or owner contractor may obtain a lien for the amount
due in the same manner and to the same extent as the original contractor except that:

 (1) The lien statement must state the name of the contractor and be filed within three
months after the date supplies, material or equipment was last furnished or labor performed
by the claimant;

 (2) if a warning statement is required to be given pursuant to K.S.A. 60-1103a, and
amendments thereto, there shall be attached to the lien statement the affidavit of the
supplier or subcontractor that such warning statement was properly given; and

 (3) a notice of intent to perform, if required pursuant to K.S.A. 60-1103b, and
amendments thereto, must have been filed as provided by that section.

 (b) Owner contractor is defined as any person, firm or corporation who:

 (1) Is the fee title owner of the real estate subject to the lien; and

 (2) enters into contracts with more than one person, firm or corporation for labor,
equipment, material or supplies used or consumed for the improvement of such real
property.

 (c) Recording and notice. When a lien is filed pursuant to this section, the clerk of the
district court shall enter the filing in the general index. The claimant shall (1) cause a copy
of the lien statement to be served personally upon any one owner, any holder of a recorded
equitable interest and any party obligated to pay the lien in the manner provided by K.S.A.

60-304, and amendments thereto, for the service of summons within the state, or by K.S.A.
60-308, and amendments thereto, for service outside of the state, (2) mail a copy of the lien
statement to any one owner of the property, any holder of a recorded equitable interest and
to any party obligated to pay the same by restricted mail or (3) if the address of any one
owner or such party is unknown and cannot be ascertained with reasonable diligence, post
a copy of the lien statement in a conspicuous place on the premises. The provisions of this
subsection requiring that the claimant serve a copy of the lien statement shall be deemed
to have been complied with, if it is proven that the person to be served actually received a
copy of the lien statement. No action to foreclose any lien may proceed or be entered against
residential real property in this state unless the holder of a recorded equitable interest was
personally served with notice in accordance with the provisions of this subsection.

 (d) Rights and liability of owner. The owner of the real property shall not become liable
for a greater amount than the owner has contracted to pay the original contractor, except
for any payments to the contractor made:

 (1) Prior to the expiration of the three-month period for filing lien claims, if no warning
statement is required by K.S.A. 60-1103a, and amendments thereto; or

 (2) subsequent to the date the owner received the warning statement, if a warning
statement is required by K.S.A. 60-1103a, and amendments thereto.

 The owner may discharge any lien filed under this section which the contractor fails to
discharge and credit such payment against the amount due the contractor.'';

 By renumbering the remaining sections accordingly;

 On page 14, in line 5, preceding ``61-1803'' by inserting ``60-1103,'';

 In the title, in line 12, by striking ``service of process;'' and inserting ``civil procedure;
relating to service of process; providing notice for certain liens;''; in line 13, preceding ``61-
1803'' by inserting ``60-1103,'';

 The motion carried and Part II of the amendment was adopted.

 The Committee recommended HB 2905 be passed as further amended.

 Sub HB 2702; HB 2855 be passed over and retain a place on the calendar.

   On motion of Senator Emert, the Senate recessed until 1:30 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with President Bond in the chair.

CHANGE OF REFERENCE
 The President withdrew HB 2814 from the Committee on Public Health and Welfare,
and referred the bill to the Committee on Ways and Means.

 The President withdrew Sub HB 2144, 2674; Sub HB 2688, 2855 from the calendar
under the heading of General Orders, and referred the bills to the Committee on Ways and
Means.

 The President withdrew HB 2241; HB 2750 from the Committee on Elections and
Local Government, and referred the bills to the Committee on Ways and Means.

 The President withdrew HB 3026 from the Committee on Agriculture, and referred the
bill to the Committee on Ways and Means.

 The President withdrew HB 2501, 2557; Sub HB 2683; HB 2685, 2772, 2805 from
the Committee on Judiciary, and referred the bills to the Committee on Ways and Means.

MESSAGE FROM THE HOUSE
 Announcing, the House accedes to the request of the Senate for a conference on SB 238
and has appointed Representatives Powell, Hutchins and Klein as conferees on the part of
the House.

 The House accedes to the request of the Senate for a conference on House Substitute
for Substitute for Substitute SB 257 and has appointed Representatives Holmes, Sloan
and McClure as conferees on the part of the House.


 The House accedes to the request of the Senate for a conference on SB 425 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 483 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.

 The House accedes to the request of Senate for a conference on SB 510 and has
appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on House Substitute
SB 568 and has appointed Representatives Freeborn, Ray and McClure as conferees on
the part of the House.

 Announcing passage of HB 2564; Substitute HB 2591, HB 2996, 3000, 3006, 3010,
3019, 3020.

 Adoption of HCR 5064, 5069.

 Also, passage of SB 100, 534, 515.

 Adoption of SCR 1629, 1645.

 Adoption of SCR 1626, as amended.

 Passage of SB 462, as amended, 463, as amended, 465, as amended, 501, as amended,
517, as amended; Substitute SB 554, as amended; Substitute SB 599, as amended; SB
611, as amended, 642 as amended.

 The House nonconcurs in Senate amendments to HB 2011, requests a conference and
has appointed Reps. Aurand, Wilk and Minor as conferees on the part of the House.

 The House nonconcurs in Senate amendments to Sub HB 2527, requests a conference
and has appointed Reps. Johnson, Schwartz and Weiland as conferees on the part of the
House.

 The House nonconcurs in Senate amendments to HB 2648, requests a conference and
has appointed Reps. Tomlinson, Myers and Phelps as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2670, requests a conference and
has appointed Reps. Powell, Hutchins and Klein as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2696, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2780, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.

 The House nonconcurs in Senate amendments to Senate Substitute HB 2879, requests
a conference and has appointed Reps. O'Neal, Carmody and Pauls as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2929, requests a conference and
has appointed Reps. Mason, Vickery and Kuether as conferees on the part of the House.

 Announcing, the House nonconcurs in Senate amendments to Senate Substitute HB
2005, requests a conference and has appointed Reps. Tomlinson, Myers and Burroughs as
conferees on the part of the House.

 The House nonconcurs in Senate amendments to Senate Substitute for Substitute HB
2007, requests a conference and has appointed Reps. Powell, Hutchins and Klein as
conferees on the part of the House.

 The House nonconcurs in Senate amendments to Substitute HB 2169, requests a
conference and has appointed Reps. Boston, Geringer and Showalter as conferees on the
part of the House. The House nonconcurs in Senate amendments to HB 2757, requests
a conference and has appointed Reps. Boston, Geringer and Henry as conferees on the part
of the House.

 The House nonconcurs in Senate amendments to HB 2759, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2762, requests a conference and
has appointed Reps. Johnson, Schwartz and Weiland as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2883, requests a conference and
has appointed Reps. Hayzlett, Ballou and Pauls as conferees on the part of the House.


 The House nonconcurs in Senate amendments to HB 2884, requests a conference and
has appointed Reps. Hayzlett, Ballou and Larkin as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2976, requests a conference and
has appointed Reps. 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 House Substitute
SB 40 and has appointed Representatives Wilk, Horst and Sharp as conferees on the part
of the House.

 The House accedes to the request of the Senate for a conference on SB 248 and has
appointed Representatives Adkins, Neufeld and Reardon as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 410 and has
appointed Representatives Wagle, Aurand and Minor as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on SB 447 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 471 and has
appointed Representatives O'Neal, Carmody and Haley as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 502 and has
appointed Representatives Wagle, Aurand and Minor as conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2564; Substitute HB 2591; HB 2996, 3000, 3006, 3010, 3019, 3020; HCR 5064,
5069 were thereupon introduced and read by title.

ORIGINAL MOTION
 Pursuant to Senate Rule 75, President Bond determined Sub SB 554, as amended by
the House, to be materially changed.

 President Bond then referred the bill to the Committee on Ways and Means.

ORIGINAL MOTION
 On motion of Senator Langworthy, the Senate acceded to the request of the House for
a conference on HB 2011.

 The President appointed Senators Langworthy, Corbin and Lee as conferees on the part
of the Senate.

 On motion of Senator Morris, the Senate acceded to the request of the House for a
conference on Sub HB 2527.

 The President appointed Senators Morris, Unbarger and Stephens as conferees on the
part of the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2648.

 The President appointed Senators Emert, Clark and Feleciano as conferees on the part
of the Senate.

 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2696.

 The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2780.

 The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on S Sub HB 2879.

 The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.

 On motion of Senator Salisbury, the Senate acceded to the request of the House for a
conference on HB 2929.


 The President appointed Senators Salisbury, Ranson and Barone as conferees on the part
of the Senate.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 Senator Ranson moved the Senate concur in house amendments to SB 514.

 SB 514, An act concerning the state corporation commission; relating to compromise of
certain civil penalties; amending K.S.A. 66-1,152 and repealing the existing section.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The Senate concurred.

   On motion of Senator Corbin the Senate nonconcurred in the House amendments to SB
501 and requested a conference committee be appointed.

 The President appointed Senators Corbin, Morris and Biggs as a conference committee
on the part of the Senate.

 On motion of Senator Praeger the Senate nonconcurred in the House amendments to
Sub SB 599 and requested a conference committee be appointed.

 The President appointed Senators Praeger, Salmans and Steineger as a conference
committee on the part of the Senate.

 On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to
SB 611 and requested a conference committee be appointed.

 The President appointed Senators Vidricksen, Jordan and Gilstrap as a conference
committee on the part of the Senate.

 On motion of Senator Morris the Senate nonconcurred in the House amendments to
SCR 1626 and requested a conference committee be appointed.

 The President appointed Senators Morris, Umbarger and Stephens as a conference
committee on the part of the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends Substitute for HB 2688, as amended by House
Committee of the Whole, be amended on page 1, in line 15, after ``1.'', by striking ``This''
and inserting ``Sections 1 through 9 of this'';

      On page 2, after line 6, by inserting an additional subsection as follows:

      ``(c) ``Authorized capital formation company and authorized CFC'' means a capital
formation company that has been designated by the secretary as having met the
requirements of this act necessary to raise capital investments but that has not yet received
the designation as a certified capital formation company.'';

      By relettering the remaining subsections accordingly;

      Also on page 2, in line 8, by striking ``certified'';

      On page 4, in line 4, after the period, by inserting ``This provision shall not remove the
requirement set forth in paragraph (p)(1)(B) of this section which states that at least 50%
of the employees of the business shall be resident in Kansas.''; in line 39, by striking ``after
taxable year 2001'' and inserting ``on and after January 1, 2003''; in line 42, after ``a'', by
inserting ``single''; in line 43, before the period, by inserting ``or more than $2,000,000; nor
shall any one person's combined investment for the purpose of earning tax credits exceed
$5,000,000'';

      On page 5, in line 4, after ``may'', by inserting ``authorize and subsequently''; in line 5,
after ``which''; by striking all before the period and inserting ``meet the requirements of this
act''; in line 6, after ``every'', by inserting ``certified''; in line 7, after ``the'', by inserting
``certified''; in line 11, by striking ``certification'' and inserting ``authorization as a CFC''; in
line 13, after ``application'', by inserting ``for authorization as a CFC''; in line 14, after the
semicolon, by inserting ``or''; in line 16, by striking ``of an''; in line 28, by striking all after

``act''; in line 29, by striking all before the period; in line 31, by striking ``to become'' and
inserting ``for authorization as'';

      On page 6, in line 16, by striking ``certify'' an inserting ``authorize''; in line 24, by striking
``certification'' and inserting ``authorization''; in line 31, by striking ``75 days of application''
and inserting ``a period of time established by the secretary after receiving an application
for authorization as a CFC''; by striking all in line 32; in line 33, by striking all before ``and''
and inserting ``authorization or deny the authorization''; in line 34, by striking ``refusal'' and
inserting ``denial''; by striking all after line 35;

      On page 7, by striking all before line 15 and inserting new material to read as follows:

      ``Sec.  4. (a) An authorized capital formation company having been authorized by the
secretary pursuant to section 3, and amendments thereto, shall have a period of not more
than 365 days from the date of receiving authorization in which to procure certified capital
investment.

      (b) In order to receive certification by the secretary, an authorized capital formation
company shall raise a minimum aggregate certified capital investment of no less than
$5,000,000. In the case of an authorized capital formation company formed by an innovation
and commercialization corporation or an affiliate innovation and commercialization
corporation created under the KTEC innovation and commercialization corporation
program, such minimum certified capital investment shall be no less than $1,000,000.

      (c) Total capital investment deemed certified for the purpose of earning tax credits
shall not exceed $10,000,000 in a single capital formation company. In the case of a capital
formation company formed by an innovation and commercialization corporation or an
affiliate innovation and commercialization corporation created under the KTEC innovation
and commercialization corporation program, such maximum certified capital investment
shall not exceed $1,500,000.

      (d) A CFC is hereby authorized to be formed for the purpose of investing exclusively
in nonmetropolitan counties as defined in K.S.A. 74-5093 and amendments thereto. In the
case of a CFC formed for such purposes, the secretary may enter into an agreement with
the CFC at the time of application to establish a lower maximum investment. Upon meeting
the established cumulative maximum, certification may take place pursuant to subsection
(e) of this section.

      (e) If during the fund raising period, an authorized capital formation company
demonstrates to the secretary that the maximum cumulative certified capital investment has
been met pursuant to this act, the secretary shall either designate the capital formation
company as a certified capital formation company and notify the secretary of revenue of
such certification; or shall deny the certification and notify the capital formation company
of the basis for denial.

      (f) All capital investment deemed certified for the purpose of earning tax credits must
be certified by the investor to be new moneys in that such moneys were not being used for
seed or venture capital prior to making the investment in a CFC. Any attempt to transfer
funds from an existing venture capital fund to a CFC for the purposes of earning a tax credit
shall constitute a violation of this act and may lead to decertification.

      (g) No capital investments shall be certified by the secretary until such time when the
minimum cumulative certified capital investments are met.

      (h) Upon the end of the fund raising period as established by the secretary, capital
formation companies that have reached the minimum cumulative certified capital
investment requirement but have failed to reach the maximum cumulative certified capital
investment requirements shall be certified by the secretary in rank order based on the
amount of certified capital investment raised by the capital formation company and the
amount of tax credits available for allocation upon the secretary's satisfaction that all such
investment was made pursuant to this act.

      (i) The secretary will notify the department of revenue upon certification of a capital
formation company.

      (j) Designation as an innovation and commercialization corporation or an affiliate
innovation and commercialization corporation created under the Kansas technology
enterprise corporation shall not relieve such entity from compliance with any provisions of
this act except where stated otherwise.'';


      Also on page 7, in line 17, by striking ``as''; in line 18, by striking ``a CFC''; in line 20, by
striking ``as a''; in line 21, by striking ``CFC''; in line 23, by striking ``as a''; in line 24, by
striking ``CFC''; in line 26, by striking ``as''; in line 27, by striking ``a CFC''; in line 38, by
striking ``15'' and inserting ``30'';

      On page 8, in line 5, by striking ``15-working-day'' and inserting ``30-working-day''; in
line 8, by striking ``15-working-day'' and inserting ``30-working-day''; in line 20, by striking
``by'' and inserting ``to''; in line 39, by striking ``10%'' and inserting ``20%''; in line 42, after
the first ``of'', by inserting ``authorization or'';

      On page 9, by striking lines 5 through 8; in line 9, by striking all before ``90'' and inserting
``(1) Within''; in line 15, by striking ``(3) at'' and inserting ``(2) At''; in line 22, by striking
``the formation of'' and inserting ``or certifying''; in line 24, after ''``certified''``, by inserting
``or ''authorized''``; in line 29, after ``for'', by inserting ``authorization and'';

      In the title, in line 10, by striking all after the first semicolon; and the substitute bill be
passed as amended.

 Committee on Education recommends HB 2357 be amended by substituting a new bill
as recommended by the Committee on Education as reported in the Journal of the Senate
on March 6, 2000, and the substitute bill be amended on page 1, by striking all of lines 15
through 30; following line 30, by inserting a new section as follows:

      ``Section  1. K.S.A. 1999 Supp. 72-1905 is hereby amended to read as follows: 72-1905.
The total number of charter schools operating in the state in any school year shall not exceed
15 30. No school district may operate more than two charter schools in any school year.
The state board of education shall establish a procedure for effectuating the provisions of
this section by providing school districts with information concerning the number of charter
schools currently being operated, the availability of an opportunity for establishment of a
charter school due to discontinuance of a previously established charter school, and criteria
for determining the order in which additional charter schools may be established.'';

      On page 3, in line 33, before ``The'', by inserting ``If the state board receives notification
of the approval of petitions by boards of education for establishment of more than 30 charter
schools that are found to be in compliance with applicable state and federal laws and rules
and regulations, the state board shall select and approve establishment of the 30 charter
schools deemed to possess the greatest potential for successful operation.'';

      On page 4, in line 43, by striking ``72-1904,'';

      In the title, in line 9, by striking ``rescinding the limitation on'' and inserting ``increasing'';
in line 10, by striking ``being'' and inserting ``authorized to be''; in line 11, by striking ``72-
1904'' and inserting ``72-1905''; in line 12, by striking ``; also repealing K.S.A. 1999 Supp.
72-1905''; and the substitute bill be passed as amended.

 Committee on Financial Institutions and Insurance recommends SB 619 be amended
on page 1, in line 16, by striking ``(2)'' and inserting ``4''; in line 23, preceding ``li-'' by
inserting ``not domiciled in this state which is''; in line 24, by striking ``article 41'' and
inserting ``articles 19a, 19c or 32''; in line 25, by striking ``or K.S.A. 40-209''; in line 41,
following ``instructions'', where it appears the second time, by inserting ``for managed care
organizations''; in line 42, by striking all after ``which''; in line 43, by striking all preceding
the period and inserting ``are in effect on December 31, 1999, or any later version as adopted
by the commissioner in rules and regulations'';

      On page 2, in line 18, by striking ``section 2'' and inserting ``sections 2, 3 and 4''; in line
21, by striking ``or surplus only if a''; in line 22, by striking ``mutual insure'' and inserting
``as determined in accordance with the annual financial statements required to be filed under
articles 19a, 19c or 32 of chapter 40 of the Kansas Statutes Annotated and amendments
thereto''; in line 25, by striking ``Every'' and inserting ``(a) Except as provided in paragraph
(b), every''; in line 30, by striking ``(a)'' and inserting ``(1)''; in line 31, by striking ``(b)'' and
inserting ``(2)''; in line 36, by striking ``(1)'' and inserting ``(A)''; in line 38, by striking ``(2)''
and inserting ``(B)''; preceding line 39, by inserting a new subsection as follows:

      ``(b) The risk-based capital requirements of this section shall not apply to any health
organization contracting with the Kansas department of social and rehabilitation services to
provide services provided under title XIX and title XXI of the social security act or any other
public benefits, provided the public benefit contracts represent at least 90% of the premium
volume of the health organization.'';


      On page 3, in line 10, by striking ``insurer'' and inserting ``health organization''; in line
26, by striking all after ``The''; by striking all in lines 27 through 29; in line 30, by striking
all preceding the period and inserting ``notification by the commissioner to the health
organization of an adjusted RBC report that indicates the event described in subsection (a)
if:

      (1) The health organization does not challenge the adjusted RBC report pursuant to
section 19, and amendments thereto; or

      (2) the commissioner has rejected such challenge after a hearing'';

      Also on page 3, in line 42, following ``statutory'', by inserting ``balance sheets,'';

      On page 4, in line 31, following ``health'', by inserting ``organization that the health'';

      On page 5, in line 5, by striking ``3 or 4'' and inserting ``7 or 8''; in line 12, by striking all
following ``(b)''; by striking all in lines 13 through 18; in line 19, by striking all preceding
the semicolon and inserting ``the notification by the commissioner to the health organization
of an adjusted RBC report that indicates the event described in subsection (a) if:

      (1) The health organization does not challenge the adjusted RBC report pursuant to
section 19, and amendments thereto; or

      (2) the commissioner has rejected such challenge after a hearing; and'';

      By relettering the remaining subsections accordingly;

      On page 7, in line 31, following ``report'', by inserting ``by the health organization''; in
line 34, following ``(b)'', by inserting ``the'';

      On page 9, preceding line 12, by inserting new material to read as follows:

      ``(c)  (1) The commissioner may share or exchange any documents, materials or other
information, including confidential and privileged documents referred to in subsection (a),
received in the performance of the commissioner's duties under this act, with:

      (A) The NAIC;

      (B) other state, federal or international regulatory agencies; and

      (C) other state, federal or international law enforcement authorities.

      (2)  (A) The sharing or exchanging of documents, materials or other information under
this subsection shall be conditioned upon the recipient's authority and agreement to
maintain the confidential and privileged status, if any, of the documents, materials or other
information being shared or exchanged.

      (B) No waiver of an existing privilege or claim of confidentiality in the documents,
materials or information shall occur as a result of disclosure to the commissioner under this
section or as a result of sharing as authorized by paragraph (1) of subsection (c).

      (3) The commissioner of insurance is hereby authorized to adopt such rules and
regulations establishing protocols governing the exchange of information as may be
necessary to implement and carry out the provisions of this act.'';

      On page 10, by striking all of lines 39 through 43;

      On page 11, by striking all in lines 1 through 5; preceding line 6, by inserting new material
to read as follows:

      ``New Sec.  28. (a) Any regulatory action based upon any RBC report required to be
filed by a health organization for such health organization's operations during calendar years
2000 and 2001 shall be subject to the following:

      (1) In the event of a company action level event with respect to any health organization,
the commissioner shall take no regulatory action under this act with respect to such health
organization.

      (2) In the event of a regulatory action level event with respect to any health organization
under either subsection (a) or (b) of section 11, and amendments thereto, the commissioner
shall take such action with respect to such health organization under sections 5 through 10,
inclusive, and amendments thereto, as the commissioner deems necessary.

      (3) In the event of a regulatory action level event with respect to any health organization
under any of subsections (c), (d), (e) or (f) of section 11, and amendments thereto, or an
authorized control level event, the commissioner shall take such action with respect to such
health organization under sections 11 through 14, inclusive, and amendments thereto, as
the commissioner deems necessary.


      (4) In the event of a mandatory control level event with respect to any health
organization, the commissioner shall take action with respect to such health organization as
required under sections 15 and 16, and amendments thereto.

      (b) The provisions of subsection (a) shall not limit the right of the commissioner to
proceed as authorized by any other provision of chapter 40 of the Kansas Statutes Annotated,
and amendments thereto or any rule and regulation adopted thereunder.

      New Sec.  29. The commissioner may adopt reasonable rules and regulations necessary
for the implementation of this act.

      New Sec.  30. Sections 1 through 30, inclusive, and amendments thereto, shall
constitute and may be cited as the health organization risk based capital act.'';

      By renumbering the remaining sections accordingly;

      Also on page 11, in line 6, by striking ``eight percent'' and inserting ``10%''

      On page 14, by striking all in lines 2 through 43;

      By striking all on page 15;

      On page 16, by striking all in lines 1 through 5;

      By renumbering the remaining sections accordingly;

      Also on page 16, in line 6, by striking all following ``36.''; by striking all in line 7; in line
8, by striking all preceding the period and inserting ``Sections 31 through 34, and
amendments thereto, shall be part of and supplemental to the health maintenance
organization act cited at K.S.A. 40-3201 et seq., and amendments thereto''; preceding line
21, by inserting a new subsection as follows:

      ``(d) ``Carrier'' means a health maintenance organization, an insurer, a nonprofit hospital
and medical service corporation, or other entity responsible for the payment of benefits or
provision of services under a group contract.'';

      By relettering the remaining subsections accordingly;

      On page 17, by striking all in lines 17 through 23;

      On page 19, in line 10, by striking ``health'';

      On page 22, in line 23, by striking ``Before'' and inserting ``Except as provided in
paragraph (e), before'';

      On page 23, preceding line 21, by inserting a new subsection as follows:

      (e) The net worth requirements of subsections (a) through (d) shall not apply to any
health organization contracting with the Kansas department of social and rehabilitation
services to provide services provided under title XIX and title XXI of the social security act
or any other public benefits, provided the public benefit contracts represent at least 90%
of the premium volume of the health organization.'';

      By relettering the remaining subsections accordingly;

      Also on page 23, in line 30, by striking ``(a)'' and inserting ``(f)'';

      On page 25, in line 8, by striking ``organization'' and inserting ``organizations''; and the
bill be passed as amended.

REPORT ON ENGROSSED BILLS
 SB 531, 635, 645, 660, 664 reported correctly engrossed March 24, 2000.

REPORT ON ENROLLED BILLS
 SB 423, 426, 441, 472, 473, 488, 640 reported correctly enrolled, properly signed and
presented to the Governor on March 24, 2000.

COMMITTEE OF THE WHOLE
 The Senate returned to Committee of the Whole for consideration of bills on the calendar
under the heading of General Orders with Senator Brownlee in the chair.

 On motion of Senator Brownlee the following report for the afternoon session was
adopted:

   The committee report on HB 2782 recommending a S Sub for HB 2782 be adopted,
and the substitute bill be passed.

 The committee report on HB 2561 recommending a S Sub for HB 2561 be adopted,
and the substitute bill be passed.


 SB 381; HB 2582, 2860, 2861, 2938, 2985 be amended by adoption of the committee
amendments, and the bills be passed as amended.

 SCR 1644 be amended by adoption of the committee amendments, and the resolution
be adopted as amended.

 HB 2700 be amended by adoption of the committee amendments, be further amended
by motion of Senator Goodwin, as amended by Senate Committee, on page 4, after line 31,
by inserting the following:

 ``Sec. 2. K.S.A. 1999 Supp. 39-1402 is hereby amended to read as follows: 39-1402. (a)
Any person who is licensed to practice any branch of the healing arts, a licensed psychologist,
a licensed master level psychologist, a chief administrative officer of a medical care facility,
an adult care home administrator or operator, a licensed social worker, a licensed
professional nurse, a licensed practical nurse, a teacher, a bank trust officer, a guardian or
a conservator who has reasonable cause to believe that a resident is being or has been abused,
neglected or exploited, or is in a condition which is the result of such abuse, neglect or
exploitation or is in need of protective services, shall report immediately such information
or cause a report of such information to be made in any reasonable manner to the
department of health and environment with respect to residents defined under (a)(1) and
(a)(2) of K.S.A. 39-1401 and amendments thereto and to the department of social and
rehabilitation services with respect to all other residents, and when any such person believes
that a resident has been sexually abused, such person shall report immediately such
information or cause a report of such information to be made in any reasonable manner to
the department of health and environment or the department of social and rehabilitation
services as provided in this subsection and to a law enforcement agency. Reports made to
one department which are required by this subsection to be made to the other department
shall be referred by the department to which the report is made to the appropriate
department for that report, and any such report shall constitute compliance with this
subsection. Reports shall be made during the normal working week days and hours of
operation of such departments. Reports, not required by this section to be made to a law
enforcement agency, shall be made to law enforcement agencies during the time the
departments are not open for business. Law enforcement agencies shall submit the report
and appropriate information to the appropriate department on the first working day that
such department is open for business. A report made pursuant to K.S.A. 65-4923 or 65-
4924 and amendments thereto shall be deemed a report under this section.

 (b) The report made pursuant to subsection (a) shall contain the name and address of the
person making the report and of the caretaker caring for the resident, the name and address
of the involved resident, information regarding the nature and extent of the abuse, neglect
or exploitation, the name of the next of kin of the resident, if known, and any other
information which the person making the report believes might be helpful in an investigation
of the case and the protection of the resident.

 (c) Any other person having reasonable cause to suspect or believe that a resident is being
or has been abused, neglected or exploited, or is in a condition which is the result of such
abuse, neglect or exploitation or is in need of protective services may report such information
to the department of health and environment with respect to residents defined under (a)(1)
and (a)(2) of K.S.A. 39-1401 and amendments thereto and to the department of social and
rehabilitation services with respect to all other residents, and when any such person believes
that a resident has been sexually abused, such person may report such information to the
department of health and environment or the department of social and rehabilitation services
as provided in this subsection and shall report such information to a law enforcement agency.
Reports made to one department which are to be made to the other department under this
section shall be referred by the department to which the report is made to the appropriate
department for that report.

 (d) Notice of the requirements of this act and the department to which a report is to be
made under this act shall be posted in a conspicuous place in every adult care home and
medical care facility in this state.

 (e) A report involving sexual abuse to a resident shall be in substantially the following
form:


  Statement Regarding Concern for Resident
[All questions must be fully answered.]
  1.) Name of person concerned for resident:______________
  2.) Name of resident:______________
  3.) I feel that there is at least a distinct possibility or a substantial suspicion that the above
      resident has been sexually molested, abused, or exploited during their stay at the (Name
      of Nursing Home).
   Yes______   No______
  4.) The reason(s) for my concern are as follows:
      5.) I understand that by checking ``yes'' on question #3, I will cause the nursing home to
      report this matter to law enforcement.
         Yes______   No______
  6.) I have given this statement to:
                                            ____________________________________
(Name of Employee in home receiving form)
                                                ____________________________________
Signature of Concerned Party
       (f) (1) Any person required to report information or cause a report of information to be
made under subsection (a) who knowingly fails to make such report or cause such report to
be made shall be guilty of a class B nonperson misdemeanor.

 (2) Any person required to report information or cause a report of information to be made
when there is a belief that a resident has been sexually abused who knowingly fails to make
such report or cause such report to be made in the form provided by subsection (e) is guilty
of a class A nonperson misdemeanor punishable with a minimum fine of $400.'';

 And by renumbering sections accordingly;

 On page 7, in line 42, after ``39-970'' by inserting ``, 39-1402'';

 On page 1, in the title, in line 13, after the semicolon, by inserting ``sexual abuse of certain
persons, reporting requirements;''; also in line 13, after ``39-970'' by inserting ``, 39-1402'';

and HB 2700 be passed as further amended. 

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 381, 398, 592; SCR 1624, 1644; HB 2328; S Sub for HB 2561; HB 2582,
2671, 2700, 2755; S Sub for HB 2782; HB 2860, 2861, 2905, 2938, 2985 were
advanced to Final Action, subject to amendment, debate and roll call.

   SB 381, An act concerning higher education; relating to professional service scholarships
for prospective doctors of osteopathy, optometrists, nurses, teachers, and national guard
officers; amending K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273, 74-
3291, 74-3293, 74-3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-
32,105 and 74-32,106 and K.S.A. 1999 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-3260,
74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298, 74-32,104, 74-32,107, 74-
32,112, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,117, 74-32,118, 74-32,131, 74-
32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 and repealing
the existing sections; also repealing K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227,
74-3228, 74-3246, 74-3247, 74-3248 and 74-3269.

 On roll call, the vote was: Yeas 37, Nays 2, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Ranson.

 Absent or Not Voting: Oleen.


 The bill passed, as amended.

 SB 398, An act enacting the addictions counselor licensure act; amending K.S.A. 1999
Supp. 74-7507 and repealing the existing sections; also repealing K.S.A. 65-6601 through
65-6606.

 On roll call, the vote was: Yeas 36, Nays 3, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Nays: Brownlee, Pugh, Ranson.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 SB 592, An act concerning the adjutant general; relating to the acquisition, construction,
equipping, furnishing, renovation, reconstruction and repair of armories.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 SCR 1624, A CONCURRENT RESOLUTION urging Congress to make available
additional food aid packages and commodities to needy people.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The resolution was adopted, as amended.

 SCR 1644, A CONCURRENT RESOLUTION urging the President and the Congress
of the United States to increase funding for special education from an average federal share
of 12% nationwide to the 40% level authorized by the Individuals with Disabilities Education
Act.

 On roll call, the vote was: Yeas 37, Nays 2, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Ranson.

 Absent or Not Voting: Oleen.

 The resolution was adopted, as amended.

 HB 2328, An act concerning elections; relating to advance voting; amending K.S.A. 1999
Supp. 25-1122 and 25-1128 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.


 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 S Sub for HB 2561, An act relating to motor vehicles; concerning certificates of title;
amending K.S.A. 8-199 and K.S.A. 1999 Supp. 8-116a, 8-135, 8-197, 8-198 and 8-1,137 and
repealing the existing sections; also repealing K.S.A. 8-1,136.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The substitute bill passed.

 HB 2582, An act relating to school buses; concerning head lamps; amending K.S.A. 8-
1725 and K.S.A. 1999 Supp. 8-1730 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2671, An act concerning the probate code; relating to estate taxes; amending K.S.A.
59-808, 59-1410, 59-1413, 59-2249, 59-2251, 59-2286, 59-2287, 59-3204 and 59-3302 and
repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed.

 HB 2700, An act concerning certain providers of care services; employment of persons
by such providers; sexual abuse of certain persons, reporting requirements; amending K.S.A.
1999 Supp. 39-970, 39-1402 and 65-5117 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2755, An act concerning the department of health and environment; disclosure of
certain information in possession thereof; prohibitions and restrictions on disclosure;
amending K.S.A. 1999 Supp. 65-506 and 65-525 and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,

Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 S Sub For HB 2782, An act concerning oil and gas; relating to certain abandoned wells;
amending K.S.A. 1999 Supp. 55-155, 55-161, 55-179, 55-192 and 55-193 and repealing the
existing sections.

 On roll call, the vote was: Yeas 38, Nays 1, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp.

 Absent or Not Voting: Oleen.

 The substitute bill passed.

 HB 2860, An act concerning solid waste; amending K.S.A. 1999 Supp. 65-3415, 65-3415a
and 65-3415b and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2861, An act concerning waste; relating to hazardous waste and waste tires; amending
K.S.A. 65-3433, 65-3439, 65-3445 and 65-3458 and K.S.A. 1999 Supp. 65-3424, 65-3424a,
65-3424f, 65-3424g, 65-3424m, 65-3430, 65-3431 and 65-3441 and repealing the existing
sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2905, An act concerning civil procedure; relating to civil procedure; relating to service
of process; providing notice for certain liens, depositions; amending K.S.A. 17-1642, 60-303,
60-308, 60-2611, 60-1103, 61-1803 and 61-1807 and K.S.A. 1999 Supp. 60-228 and 60-312
and repealing the existing sections.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2938, An act relating to the practice of accountancy; concerning the regulation
thereof; amending K.S.A. 1-201, 1-204 and 1-302a and K.S.A. 1999 Supp. 1-202, 1-301, 1-
302, 1-302b, 1-307, 1-308, 1-310, 1-311, 1-316 and 1-319 and repealing the existing sections;
also repealing K.S.A. 1-317.


 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

 HB 2985, An act relating to appropriation of water for use in another state; amending
K.S.A. 82a-726 and repealing the existing section.

 On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Oleen.

 The bill passed, as amended.

  On motion of Senator Emert the Senate adjourned until 12:00 Noon on Monday, March
27, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.