April 5, 2000

Journal of the Senate

FIFTY-NINTH DAY
______
Senate Chamber, Topeka, Kansas
Wednsday, April 5, 2000--10:00 a.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,

     Nothing frustrates us more, O God,

 While trying to do good,

 Than when we think we've made it clear,

 And get misunderstood.

     Why is it when we try so hard

 To do the things we should,

 Only to discover that

 We've been misunderstood?

     To be quoted out of context

 And nothing runs to plans;

 It makes you wonder, Lord,

 If they want to understand!

       Even when we do our best

 To make sure no one's surprised,

 By the time it gets back to us,

 It's hard to recognize!

     When trying to communicate,

 Help us do the best we can;

 And help those to whom we speak

 To try to understand!

     I ask this in the Name of Christ,

     AMEN

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

   SB 670, An act concerning water pollution prevention; amending K.S.A. 65-170e and
repealing the existing section, by Committee on Federal and State Affairs.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was referred to Committee as indicated:

   Ways and Means: HB 2858.

MESSAGE FROM THE GOVERNOR
 SB 529 approved on March 31, 2000.

COMMUNICATIONS FROM STATE OFFICERS
KANSAS DEPARTMENT OF REVENUE
  April 1, 2000
   Karla Pierce, Secretary of Revenue, as required in K.S.A. 74-50,118(c) submitted an
annual report estimating the state tax expenditures from income tax credits claimed and
sales tax exemptions allowed under the Kansas Enterprise Zone Act.

   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.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Oleen the Senate nonconcurred in the House amendments to
H Sub for SB 430 and requested a conference committee be appointed.

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

 On motion of Senator Emert the Senate nonconcurred in the House amendments to
H Sub for SB 504 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 Morris the Senate nonconcurred in the House amendments to
SB 664 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.

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

      SENATE RESOLUTION No. 1838--

A  RESOLUTION congratulating and commending the Smith Center High School football
      team and Coach Roger Barta for winning the 1999 Class 3A State Football
      Championship.

            WHEREAS,  The Smith Center High School football team won the 1999 Kansas State
High School Activities Association Class 3A State football Championship on November 20,
1999, at Hays; and

      WHEREAS,  Smith Center won the state championship with a thrilling 31-9 victory over
St. Marys High School in the state championship game. This was their third state
championship having been state champions under Coach Barta in 1982 and 1986; and

      WHEREAS,  The Smith Center High School ``Redmen'' football team finished the season
with a 13-0 record; and

      WHEREAS,  The members of this outstanding football 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 Smith Center High School
1999 football team and Coach Barta be congratulated and commended for winning the 1999
Kansas State High School Activities Association Class 3A State Football Championship; and

      Be it further resolved: That the Secretary of the Senate be directed to send 74 enrolled
copies of this resolution to Jim Kuhn, Principal, Smith Center Junior-Senior High School,
Smith Center, Kansas 66967-0329.

 On emergency motion of Senator Lee SR 1838 was adopted unanimously.

   Senator Lee introduced and congratulated guests of the Senate, Robert O'Connor, Coach;
Leo Tuxhorn, Trainer; Nick Evangelidis, Cameron Connant and Kaid Hommon, Co-
Captains.

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

      SENATE RESOLUTION No. 1839--

A  RESOLUTION congratulating and commending the Leavenworth High School boys
basketball team and Coach Larry Hogan.
      WHEREAS,  The Leavenworth High School boys basketball team won the 2000 Kansas
State High School Activities Association Class 6A State Basketball Championship at White
Auditorium in Emporia on March 11, 2000, with a thrilling 59-56 victory over Junction City
High School; and

      WHEREAS,  The Leavenworth High School boys basketball team was also the Sunflower
League champion finishing the season with a 23-2 record; and

      WHEREAS,  This championship was the first state championship to be won by the oldest
high school in Kansas and climaxes a strong basketball tradition of 50 years. The team
finished second in 1997 and has been in the state tournament three of the last four years.
Four starters received all state recognition: David Albo, Wayne Simien, Nick Sanders and
Lucious Wagner, and four of the top six players will return next year; and

      WHEREAS,  The entire team is noted for its outstanding scholastic record. The year
2000 was the fifth consecutive year that Leavenworth High School has received the Class
6A sportsmanship award with its boys or girls teams reaching the state semi-finals or finals:
Now, therefore,

        Be it resolved by the Senate of the State of Kansas: That the Leavenworth High School
boys basketball team and Coach Hogan be congratulated and commended for winning the
2000 Kansas State High School Activities Association Class 6A 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 Jim Van Maanen, Principal, Leavenworth High School, 2012
Tenth Avenue, Leavenworth, Kansas 66048.

 On emergency motion of Senator Biggs SR 1839 was adopted unanimously.

   Senator Biggs introduced the winning team, accompanied by head coach, Larry Hogan
and associate coaches, Randy Freivogel and Allen Stillman.

REPORTS OF STANDING COMMITTEES
 Committee on Federal and State Affairs recommends Substitute for HB 2013, be
amended by adoption of the amendments recommended by Senate Committee on Federal
and State Affairs as reported in the Journal of the House on May 2, 1999, and the bill, as
printed with amendments by Senate Committee, be further amended on page 2, in line 13,
preceding the semicolon, by inserting ``or faces''; in line 23, by striking ``progressive'' and
inserting ``any regular, special and progressive''; in line 29, by striking ``to operators''; in line
40, following the period, by inserting ``Winners of instant bingo shall be determined either
(1) by a combination of letters, numbers or symbols determined and posted prior to the
sale of instant bingo tickets or (2) by random selection during the session at which bingo
tickets are sold.''; following line 42, by inserting the following:

      ``(k) ``Lessor'' means the owner, coowner, lessor or sublessor of premises upon which a
licensee is permitted to manage, operate or conduct games of bingo, whether or not a written
lease has been entered into and submitted to the administrator as required in subsection
(c) of K.S.A. 79-4703, and amendments thereto, and includes all political subdivisions and
other public agencies.

      (l) ``Licensee'' means any nonprofit organization holding a license to manage, operate
or conduct games of bingo pursuant to K.S.A. 79-4701 et seq., and amendments thereto.

      (m) ``Mini bingo'' means a game of call bingo in which the prizes awarded are not less
than 50% of the gross receipts derived from the sale of cards or faces for participation in
the game but not more than $50.'';

      By relettering subsections accordingly;

      On page 4, by striking all in lines 35 through 43;

      On page 5, by striking all in lines 1 through 3;

      By relettering subsections accordingly;

      Also on page 5, in line 9, by striking ``game'' where it appears for the first time; following
line 14, by inserting the following:

      ``(x) ``Regular game of bingo'' means any game of bingo which is subject to the 25 game
limit, $50 prize limit and the $1 charge limit imposed under subsections (g), (h) and (j) of
K.S.A. 79-4706, and amendments thereto.'';

      By relettering subsections accordingly;

      On page 8, by striking all in line 9; in line 10, by striking ``4704.'';

      On page 9, by striking all in lines 14 through 40 and inserting the following:

      ``Sec.  4. K.S.A. 79-4704 is hereby amended to read as follows: 79-4704. For the purpose
of providing revenue which may be used by the state, counties and cities and for the privilege
of operating or conducting games of bingo under the authority of this act:

      (a) There is hereby levied and there shall be collected and paid by each licensee a tax
at the rate of 3% upon the gross receipts received by the licensee from charges for
participation in call bingo games using bingo cards and any admission fees or charges in
connection therewith. The tax imposed by this section shall be in addition to the license fee
imposed under K.S.A. 79-4703, and amendments thereto.

      (b) There is hereby levied and there shall be collected and paid by each distributor a
tax at a rate of $0.002 upon each bingo face sold or distributed by the distributor to each
licensee conducting call bingo games within the state of Kansas. The distributor shall include
the tax due under this subsection in the sales price of each bingo face paid by the licensee
and such tax shall be itemized separately on the invoice provided to the licensee.

      (b) (c) There is hereby levied and there shall be collected and paid by each bingo card
distributor a tax at a rate of 1% upon the total of the printed retail sales price of all tickets
in each box of instant bingo tickets sold or distributed by the distributor to each licensee
conducting instant bingo games within the state of Kansas. The bingo card distributor shall
include the tax due under this subsection in the sales price of each box paid by the licensee
and such tax shall be itemized separately on the invoice provided to the licensee.

      (c) (d) Whenever, in the judgment of the secretary of revenue administrator, it is
necessary, in order to secure the collection of the tax due under subsection (b), the secretary
administrator shall require any bingo card distributor subject to such tax to file a bond with
the director of taxation under conditions established by and in such form and amount as
prescribed by rules and regulations adopted by the secretary.'';

      On page 10, in line 1, by striking ``director'' and inserting ``administrator''; in line 3, by
striking ``operator'' and inserting ``licensee''; in line 17, by striking ``operators'' and inserting
``licensees''; in line 18, by striking ``director'' and inserting ``administrator''; in line 30, by
striking ``operator'' and inserting ``licensee''; in line 32, by striking ``operator'' and inserting
``licensee''; in line 34, by striking ``operator'' and inserting ``licensee''; in line 37, by striking
``director'' and inserting ``administrator''; in line 41, by striking ``operator'' and inserting
``licensee'';

      On page 11, in line 13, by striking ``operator'' and inserting ``licensee''; in line 25, by
striking ``operator'' and inserting ``licensee''; in line 30, by striking ``operator'' and inserting
``licensee''; in line 31, by striking ``operator'' and inserting ``licensee''; in line 32, by striking
``operator'' and inserting ``licensee''; in line 38, by striking ``operator'' and inserting
``licensee'';

      On page 12, in line 29, by striking ``No person licensed under the bingo act except'' and
inserting ``Games of bingo managed, conducted or operated by a licensee, shall be managed,
conducted or operated only by''; in line 32, by striking all following ``licensee''; in line 33,
by striking all preceding the period; in line 36, following ``bingo'' by inserting ``or participate
in any drawing''; in line 38, following ``bingo'' by inserting ``or drawing'';

      On page 13, by striking all in lines 1 through 3 and inserting:

      ``(e) No person may receive any remuneration or profit for participating in the
management, conduct or operation of any game of bingo managed, conducted or operated
by a licensee.'';

      Also on page 13, in line 6, preceding ``call'' by inserting ``regular and special''; in line 8,
by striking ``call'' and inserting ``or mini''; in line 12, preceding ``call'' by inserting ``regular,
special and progressive''; in line 14, by striking ``jackpot or''; in line 19, by striking ``jackpot
or''; in line 25, by striking ``call'' and inserting ``regular''; in line 26, by striking ``, other than
jackpot or special games,''; in line 28, by striking ``call''; in line 31, by striking ``jackpot''; in
line 32, by striking ``or''; also in line 32, following ``special'' by inserting ``, mini or
progressive''; in line 43, by striking ``operator'' and inserting ``licensee'';

      On page 14, by striking all in lines 18 through 23 and inserting:

      ``(p)  (1) Except as provided by paragraph (2) of this subsection, no game of chance or
contest where a prize is awarded, other than games of bingo, shall be conducted on any
premises where licensees are conducting games of bingo, where the intent of such game of
chance or contest is to induce participation in such games of bingo.

      (2) One drawing per session may be conducted by the licensee. Only a nonmonetary
prize having a value not exceeding $25 shall be awarded to the winner of such drawing.
There shall be no charge for participation in such drawing. There shall be no requirement
to purchase anything of value in order to participate in such drawing.'';

      On page 15, in line 19, following ``sold'' by inserting ``and no mini bingo game shall be
conducted''; in line 20, preceding ``game'' by inserting ``regular or special''; in line 23, by
striking ``operator'' and inserting ``licensee''; in line 28, by striking ``oper-''; in line 29, by
striking ``ators'' and inserting ``licensees''; in line 42, by striking ``operators'' and inserting
``licensees'';

      On page 16, in line 16, following the period, by inserting ``The prize awarded at the end
of any progressive game shall not exceed $1,000.''; in line 22, following ``prize'' by inserting
``in an amount not to exceed $250'';

      On page 17, in line 1, by striking ``2002'' and inserting ``2003''; following line 6, by
inserting:

      ``(bb) No more than one prize for an instant bingo game may be awarded by matching
a letter, number or symbol under a tab of an instant bingo ticket with the winning letter,
number or symbol in a designated call bingo game played during the same session.

      (cc) The total number of mini games of bingo managed, operated or conducted by a
licensee during a session shall not exceed 12 games.'';

      Also on page 17, in line 11, by striking ``operators'' and inserting ``licensees''; in line 13,
by striking ``(1)'' and inserting ``(a)''; in line 14, by striking ``(2)'' and inserting ``(b)''; in line
15, by striking ``(3)'' and inserting ``(c)''; in line 16, by striking ``(4)'' and inserting ``(d)''; in
line 17, by striking ``(5)'' and inserting ``(e)''; in line 18, by striking ``, if sold or distributed
to a licensee''; in line 19, by striking ``(6)'' and inserting ``(f)'';

      On page 18, by striking all in lines 15 and 16;

      On page 19, in line 8, by striking ``Moneys'' and inserting ``Except as provided by
subsections (d) and (e), all moneys''; in line 34, by striking ``for expenditures'' and inserting
``to pay all operating expenses of the''; following line 40, by inserting:

      ``(e) On July 1 of each year or as soon thereafter as sufficient moneys are available,
$20,000 credited to the state bingo regulation fund shall be transferred and credited to the
problem gambling grant fund established by section 21, and amendments thereto.'';

      Also on page 19, in line 41, by striking ``(e)'' and inserting ``(f)'';

      On page 20, in line 17, by striking ``operator'' and inserting ``licensee''; in line 40, by
striking ``operators'' and inserting ``licensees'';

      On page 22, in line 8, by striking ``2001'' and inserting ``2002''; by striking all in lines 19
through 43;

      By striking all on pages 23 through 33;

      On page 34, by striking all in lines 1 through 33;

      By renumbering sections accordingly;

      On page 37, in line 11, by striking ``(1)''; by striking all in lines 16 through 19; by striking
all in lines 26 through 43;

      On page 38, by striking all in lines 1 through 3 and inserting:

      ``New Sec.  21. (a) There is hereby established in the state treasury the problem
gambling grant fund. All moneys credited to such fund shall be used only for the awarding
of grants under this section. Such fund shall be administered in accordance with this section
and the provisions of appropriation acts.

      (b) All expenditures from the problem gambling grant fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved in the manner prescribed by law.

      (c) There is hereby established a state grant program to provide assistance for the direct
treatment of persons diagnosed as suffering from pathological gambling and to provide
funding for research regarding the impact of gambling on residents of Kansas. Research
grants awarded under this section may include, but need not be limited to, grants for
determining the effectiveness of education and prevention efforts on the prevalence of
pathological gambling in Kansas. All grants shall be made after open solicitation of proposals
and evaluation of proposals against criteria established in rules and regulations adopted by
the secretary of the department of social and rehabilitation services. Both public and private
entities shall be eligible to apply for and receive grants under the provisions of this section.

      (d) The secretary of the department of social and rehabilitation services is hereby
authorized to receive moneys from any grants, gifts, contributions or bequests made for the
purpose of funding grants under this section and to expend such moneys for the purpose
for which received.

      (e) All grants made in accordance with this section shall be made from the problem
gambling grant fund. The secretary shall administer the provisions of this section and shall
adopt rules and regulations establishing criteria for qualification to receive grants and such
other matters deemed necessary by the secretary for the administration of this section. Such
rules and regulations shall include, but need not be limited to, a requirement that each
recipient of a grant to provide treatment for pathological gamblers report at least annually
to the secretary the grantee's measurable achievement of specific outcome goals.

      (f) For the purpose of this section ``pathological gambling'' means the disorder by that
name described in the most recent edition of the diagnostic and statistical manual.'';

      By renumbering sections accordingly;

      Also on page 38, in line 4, by striking ``1998'' and inserting ``1999'';

      On page 43, following line 12, by inserting:

      ``New Sec.  24. On July 1 of each year or as soon thereafter as sufficient moneys are
available, $80,000 credited to the state gaming revenues fund shall be transferred and
credited to the problem gambling grant fund established by section 21, and amendments
thereto.

      Sec.  25. K.S.A. 1999 Supp. 79-4803 is hereby amended to read as follows: 79-4803. (a)
After the transfer of moneys pursuant to section 24, and amendments thereto:

      (1) An amount equal to 10% of the balance of all moneys credited to the state gaming
revenues fund shall be transferred and credited to the correctional institutions building fund
created pursuant to K.S.A. 76-6b09 and amendments thereto, to be appropriated by the
legislature for the use and benefit of state correctional institutions as provided in K.S.A. 76-
6b09 and amendments thereto; and

      (2) an amount equal to 5% of the balance of all moneys credited to the state gaming
revenues fund shall be transferred and credited to the juvenile detention facilities fund.

      (b) There is hereby created in the state treasury the juvenile detention facilities fund
which shall be administered by the commissioner of juvenile justice. The Kansas advisory
group on juvenile justice and delinquency prevention shall review and make
recommendations concerning the administration of the fund. All expenditures from the
juvenile detention facilities fund shall be for the retirement of debt of facilities for the
detention of juveniles; or for the construction, renovation, remodeling or operational costs
of facilities for the detention of juveniles in accordance with a grant program which shall
be established with grant criteria designed to facilitate the expeditious award and payment
of grants for the purposes for which the moneys are intended. ``Operational costs'' shall not
be limited to any per capita reimbursement by the commissioner of juvenile justice for
juveniles under the supervision and custody of the commissioner but shall include payments
to counties as and for their costs of operating the facility. The commissioner of juvenile
justice shall make grants of the moneys credited to the juvenile detention facilities fund for
such purposes to counties in accordance with such grant program. All expenditures from
the juvenile detention facilities fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the commissioner of juvenile justice or the commissioner's designee.

      Sec.  26. K.S.A. 79-4804 is hereby amended to read as follows: 79-4804. (a) After the
transfer of moneys pursuant to section 24, and amendments thereto, an amount equal to
85% of the balance of all moneys credited to the state gaming revenues fund shall be
transferred and credited to the state economic development initiatives fund. Expenditures
from the state economic development initiatives fund shall be made in accordance with
appropriations acts for the financing of such programs supporting and enhancing the existing
economic foundation of the state and fostering growth through the expansion of current,
and the establishment and attraction of new, commercial and industrial enterprises as
provided by this section and as may be authorized by law and not less than 1/2 of such money
shall be distributed equally among the congressional districts of the state. Except as provided
by subsection (g), all moneys credited to the state economic development initiatives fund
shall be credited within the fund, as provided by law, to an account or accounts of the fund
which are created by this section.

      (b) There is hereby created the Kansas capital formation account in the state economic
development initiatives fund. All moneys credited to the Kansas capital formation account
shall be used to provide, encourage and implement capital development and formation in
Kansas.

      (c) There is hereby created the Kansas economic development research and
development account in the state economic development initiatives fund. All moneys
credited to the Kansas economic development research and development account shall be
used to promote, encourage and implement research and development programs and
activities in Kansas and technical assistance funded through state educational institutions
under the supervision and control of the state board of regents or other Kansas colleges and
universities.

      (d) There is hereby created the Kansas economic development endowment account in
the state economic development initiatives fund. All moneys credited to the Kansas
economic development endowment account shall be accumulated and invested as provided
in this section to provide an ongoing source of funds which shall be used for economic
development activities in Kansas, including but not limited to continuing appropriations or
demand transfers for programs and projects which shall include, but are not limited to,
specific community infrastructure projects in Kansas that stimulate economic growth.

      (e) Except as provided in subsection (f), the director of investments may invest and
reinvest moneys credited to the state economic development initiatives fund in accordance
with investment policies established by the pooled money investment board under K.S.A.
75-4232, and amendments thereto, in the pooled money investment portfolio. All moneys
received as interest earned by the investment of the moneys credited to the state economic
development initiatives fund shall be deposited in the state treasury and credited to the
Kansas economic development endowment account of such fund.

      (f) Moneys credited to the Kansas economic development endowment account of the
state economic development initiatives fund may be invested in government guaranteed
loans and debentures as provided by law in addition to the investments authorized by
subsection (e) or in lieu of such investments. All moneys received as interest earned by the
investment under this subsection of the moneys credited to the Kansas economic
development endowment account shall be deposited in the state treasury and credited to
the Kansas economic development endowment account of the state economic development
initiatives fund.

      (g) In each fiscal year, the director of accounts and reports shall make transfers in equal
amounts on July 15 and January 15 which in the aggregate equal $2,000,000 from the state
economic development initiatives fund to the state water plan fund created by K.S.A. 82a-
951, and amendments thereto. No other moneys credited to the state economic
development initiatives fund shall be used for: (1) Water-related projects or programs, or
related technical assistance; or (2) any other projects or programs, or related technical
assistance, which meet one or more of the long-range goals, objectives and considerations
set forth in the state water resource planning act.

      New Sec.  27. All sales of bingo cards, bingo faces and instant bingo tickets by licensees
under K.S.A. 79-4701 et seq., and amendments thereto, shall be exempt from the taxes
levied and collected by cities and counties under K.S.A. 12-187 et seq., and amendments
thereto.'';

      By renumbering sections accordingly;

      Also on page 43, in line 15, by striking ``and 79-4714 and K.S.A. 1998'' and inserting ``,
79-4714 and 79-4804 and K.S.A. 1999''; in line 16, by striking ``79-3606'' and inserting ``79-
4803'';

      In the title, in line 18, by striking ``and 79-4713 and K.S.A. 1998'' and inserting ``, 79-
4713 and 79-4804 and K.S.A. 1999''; in line 19, by striking ``79-3606'' and inserting ``79-
4803''; and the substitute bill be passed as amended.

 Also HB 2355 be amended on page 1, in line 34, following the period, by inserting ``The
secretary may contract with private individuals or entities for the maintenance of such
memorial and grounds.'';

      On page 2, in line 20, by striking ``statute book'' and inserting ``Kansas register''; and the
bill be passed as amended.

 Committee on Ways and Means recommends HB 2559 be amended by substituting a
new bill to be designated as ``SENATE Substitute for HOUSE BILL No. 2559,'' as follows:

  ``SENATE Substitute for HOUSE BILL No. 2559
By Committee on Ways and Means


``AN  ACT concerning the Kansas development finance authority; authorizing the sale of
      certain state tobacco settlement receipts by the state; creating the Kansas tobacco
      settlement financing corporation as subsidiary of the Kansas development finance
      authority; authorizing the issuance of bonds payable from tobacco asset payments;
      amending K.S.A. 74-8909 and K.S.A. 1999 Supp. 38-2101, 74-8904 and 74-8905 and
      repealing the existing sections; also repealing K.S.A. 1999 Supp. 74-8905a.'';

            and the substitute bill be passed.

REPORT ON ENGROSSED BILLS
 H Sub for S Sub for Sub SB 257; SB 611, 639, 653 reported correctly engrossed
March 31, 2000.

   On motion of Senator Emert, the Senate recessed until 2:00 p.m.

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

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

   SB 671, An act regulating traffic; concerning low-speed vehicles; amending K.S.A. 8-1701
and 8-1717 and K.S.A. 1999 Supp. 8-1486 and 8-2118 and repealing the existing sections,
by Committee on Federal and State Affairs.

MESSAGE FROM THE HOUSE
 Announcing, the House adopts the Conference Committee Report to agree to disagree
on House Substitute for SB 326 and has appointed Representatives Adkins, Neufeld and
Reardon as second conferees on the part of the House.

 Announcing, the House nonconcurs in Senate amendments to HB 2037, requests a
conference and has appointed Reps Wagle, Aurand and Minor as conferees on the part of
the House.

 The House nonconcurs in Senate amendments to Senate Substitute for HB 2624,
requests a conference and has appointed Reps Wilk, Horst and Sharp as conferees on the
part of the House.

 The House nonconcurs in Senate amendments to HB 2674, 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 2799, requests a conference and
has appointed Reps Tanner, Empson and Helgerson as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on House Substitute
for SB 430 and has appointed Representatives Powell, Phill Kline 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 SB 504 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 664 and has
appointed Representatives Johnson, Schwartz and Weiland as conferees on the part of the
House.

 The House adopts the conference committee report on SB 512.

 The House adopts the conference committee report on SB 541.

ORIGINAL MOTION
 On motion of Senator Langworthy, the Senate acceded to the request of the House for
a conference on HB 2037.

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

 On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on S Sub for HB 2624.

 The President appointed Senators Kerr, Salisbury and Petty 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 HB 2674.

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

 On motion of Senator Lawrence, the Senate acceded to the request of the House for a
conference on HB 2799.

 The President appointed Senators Lawrence, Umbarger and Downey 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 2855.

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

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 Senator Corbin moved the Senate concur in house amendments to H Sub for SB 568.

 H Sub for SB 568, An act concerning big game; relating to deer permits; concerning
reduction of certain deer and big game populations; relating to reduction of deer-related
motor vehicle accidents; relating to penalties for certain crimes; amending K.S.A. 32-1032
and K.S.A. 1999 Supp. 32-937 and 32-965 and repealing the existing sections.

 On roll call, the vote was: Yeas 34, Nays 5, Present and Passing 0, Absent or Not Voting
1.

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

 Nays: Brownlee, Clark, Kerr, Pugh, Tyson.

 Absent or Not Voting: Lee.

 The Senate concurred.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 326, submits the following report:

      Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;

                                                                                          \ And your committee on conference recommends the adoption of this report.

                                                                                    David Adkins

                                                                                    Melvin Neufeld

                                                                                    Bill Reardon
 Conferees on the part of House
                                                                                   

                                                                                    Dave Kerr

                                                                                    Alicia L. Salisbury

                                                                                    Marge Petty
 Conferees on part of Senate


 On motion of Senator Kerr, the Senate adopted the conference committee report on
H Sub for SB 326, and requested a new conference committee be appointed.

 The President appointed Senators Kerr, Salisbury and Petty as a second conference
committee on the part of the Senate on H Sub for SB 326.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 512, submits the following report:

      The House recedes from all of its amendments to the bill;

                                                                                          \ And your committee on conference recommends the adoption of this report.

                                                                                    Garry Boston

                                                                                    Gerald G. Geringer

                                                                                    Jerry Henry
 Conferees on the part of House
                                                                                   

                                                                                    Sandy Praeger

                                                                                    John Vratil

                                                                                    Chris Steineger
 Conferees on part of Senate


 Senator Praeger moved the Senate adopt the Conference Committee Report on SB 512.

 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, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 Absent or Not Voting: Lee.

 The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 541, submits the following report:

      The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

      On page 10, by striking all in lines 40 through 43;

      On page 11, by striking all in lines 1 through 5;

      And by renumbering sections accordingly;

      In the title, in line 16, by striking ``concerning records of pre-''; by striking all in line 17;
in line 18, by striking all before ``amending'';

                                                                                          \ And your committee on conference recommends the adoption of this report.

                                                                                    Garry Boston

                                                                                    Gerald G. Geringer

                                                                                    Jerry Henry
 Conferees on the part of House
                                                                                   

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 Conferees on part of Senate


 Senator Praeger moved the Senate adopt the Conference Committee Report on SB 541.

 On roll call, the vote was: Yeas 32, Nays 7, Present and Passing 0, Absent or Not Voting
1.

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

 Nays: Bleeker, Brownlee, Clark, Huelskamp, Pugh, Ranson, Tyson.

 Absent or Not Voting: Lee.

 The Conference Committee report was adopted.


EXPLANATION OF VOTE
 Mr. President: This bill, as it left the House, protected the privacy of medical and
pharmacy records. But as the bill currently stands, the individual pharmacy records of all
Kansans can be sold or marketed without the permission of the patient. This is a violation
of privacy that is unacceptable, thus I must vote no on this conference committee report
on SB 541.--Tim Huelskamp

   Senators Bleeker, Brownlee, Clark and Ranson request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Huelskamp on SB 541.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2810, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

      On page 2, in line 39, after ``more'', by inserting ``than 1,794 preschool-aged at-risk pupils
to be counted in the 1999-2000 school year and not more''; in line 40, after ``year'', by
inserting ``thereafter'';

      On page 4, in line 25, after ``Center,'', by inserting ``Trego County Secure Care Center,'';

      On page 5, in line 6, after ``Center,'', by inserting ``Trego County Secure Care Center,'';

      On page 6, in line 25, after ``Center,'', by inserting ``Trego County Secure Care Center,'';

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    Barbara Lawrence

                                                                                    Audrey Langworthy

                                                                                    Christine Downey
 Conferees on the part of Senate
                                                                                   

                                                                                    Ralph M. Tanner

                                                                                    Cindy Empson

                                                                                    Henry Helgerson
 Conferees on part of House


 Senator Lawrence moved the Senate adopt the Conference Committee Report on
HB 2810.

 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, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 Absent or Not Voting: Lee.

 The Conference Committee report was adopted.

REPORTS OF STANDING COMMITTEES
 Committee on Federal and State Affairs recommends HB 3020, 3021 be passed.

REPORT ON ENROLLED BILLS
 SR 1835, 1836, 1837 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on April 5, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.