590 JOURNAL OF THE SENATE Journal of the Senate FIFTY-FIFTH DAY SENATE CHAMBER,TOPEKA,KANSAS Thursday, April 2, 2009—9:30 a.m. The Senate was called to order by President Stephen Morris. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, Once more an acquaintance told me He didn’t trust politicians; Not a few, not most, but all of them, Under any conditions. So I guess what he was saying, ‘‘I don’t care which way they vote, None of them are sheep, All of them are goats.’’ This tendency to generalize, And paint all with one brush Is what I’ve never understood, And would like to see it flushed! Legislators are used to it, And take it all in stride. They’re accustomed to being scapegoats, And more or less let it slide. If I were a betting man, I would bet money That their spouses and their children Do not think it’s funny. Bad-mouthing legislators Has become so common-place, That we who defend them Feel we’re out of place. Help us, Lord, to convince the critics How this criticism sounds, And listen to themselves, And try to tone it down! I pray in the Name of Jesus Christ, AMEN The Pledge of Allegiance was led by President Stephen Morris. APRIL 2, 2009 591 REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bill was referred to Committee as indicated: Assessment and Taxation: Sub HB 2365. CHANGE OF REFERENCE The President withdrew HB 2331 from the Committee on Financial Institutions and Insurance, and referred the bill to the Committee on Ways and Means. COMMUNICATIONS FROM STATE OFFICERS KANSAS DEPARTMENT OF REVENUE April 1, 2009 As required by KSA 74-50,118, Joan Wagnon, Secretary of Revenue, submitted an annual report to the Governor and Legislature 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. CONFERENCE COMMITTEE REPORT MR.PRESIDENT and MR.SPEAKER: Your committee on conference on House amend- ments to SB 11, submits the following report: The Senate accedes to all House amendments to the bill, and your committee on con- ference further agrees to amend the bill, as printed with House Committee amendments, as follows: On page 5, in line 21, by striking ‘‘areas’’ and inserting ‘‘area’’; after line 23, by inserting: ‘‘New Sec. 2. (a) As used in this section, ‘‘technical college’’ means a technical college designated by K.S.A. 72-4472, 72-4473, 72-4474, 72-4475, 72-4477 or K.S.A. 2008 Supp. 72-4477a, and amendments thereto. (b) The governing body of a technical college may change the designation of such tech- nical college by adoption of a resolution. If the designation of a technical college is changed pursuant to this section, whenever the technical college is referred to or designated by or in any contract or other document, such reference or designation shall be deemed to apply to the designation as provided in the resolution. If the designation of a technical college is changed pursuant to this section, whenever any statute refers to a technical college by the designation in K.S.A. 72-4472, 72-4473, 72-4474, 72-4475, 72-4477 or K.S.A. 2008 Supp. 72-4477a, as such sections existed prior to July 1, 2009, such reference or designation shall be construed to mean the designation as provided in the resolution.’’; And by renumbering sections accordingly; In the title, in line 12, after ‘‘to’’ by inserting ‘‘technical colleges and’’; And your committee on conference recommends the adoption of this report. TERRIE HUNTINGTON MARC RHODES ANN E. MAH Conferees on part of House JEAN KURTIS SCHODORF JOHN VRATIL ANTHONY HENSLEY Conferees on part of Senate Senator Schodorf moved the Senate adopt the Conference Committee Report on SB 11. On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting 1. Yeas: Abrams, Apple, Barnett, Brownlee, Bruce, Brungardt, Colyer, Donovan, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huelskamp, Kelly, Kelsey, Kultala, Lee, Lynn, Marshall, Masterson, McGinn, Morris, Ostmeyer, Owens, Petersen, Pilcher- 592 JOURNAL OF THE SENATE Cook, Pyle, Reitz, Schmidt D, Schmidt V, Schodorf, Steineger, Taddiken, Teichman, Um- barger, Vratil, Wagle. Absent or Not Voting: Wysong. The Conference Committee report was adopted. CONFERENCE COMMITTEE REPORT MR.PRESIDENT and MR.SPEAKER: Your committee on conference on House amend- ments to SB 19, submits the following report: The Senate accedes to all House amendments to the bill, and your committee on con- ference further agrees to amend the bill, as printed with House Committee amendments, as follows: On page 4, in line 38, before the semicolon, by inserting ‘‘, while actually engaged in the duties of their employment or any activities incidental to such duties’’; in line 40, before the semicolon, by inserting ‘‘and while actually engaged in the duties of their employment or any activities incidental to such duties’’; in line 42, before the semicolon, by inserting ‘‘and while actually engaged in the duties of their employment or any activities incidental to such duties’’; On page 5, in line 2, before the period, by inserting ‘‘and while actually engaged in the duties of their employment or any activities incidental to such duties’’; On page 6, in line 2, before ‘‘facility’’ by inserting ‘‘courthouse and court-related’’; in line 9, before ‘‘facilities’’ by inserting ‘‘courthouse or court-related’’; also in line 9, by striking all after ‘‘facilities’’ and inserting the following: ‘‘if: (1)’’; Also on page 6, in line 11, by striking all after ‘‘facilities’’; by striking all in lines 12 and 13; in line 14, by striking all before the period; in line 18, before the period, by inserting the following: ‘‘(2) such facilities have adequate measures for storing and securing lawfully carried weapons, including, but not limited to, the use of gun lockers or other similar storage options; (3) such county also has a policy or regulation requiring all law enforcement officers to secure and store such officer’s firearm upon entering the courthouse or court-related facility. Such policy or regulation may provide that it does not apply to court security or sheriff’s office personnel for such county; and (4) such facilities have a sign conspicuously posted at each entryway into such facility stating that the provisions of subsection (c) do not apply to such facility’’; Also on page 6, in line 25, before the semicolon, by inserting ‘‘at their own expense,’’; after line 29, by inserting the following: ‘‘Sec. 5. K.S.A. 2008 Supp. 75-7c10 is hereby amended to read as follows: 75-7c10. (a) Provided that the premises are conspicuously posted in accordance with rules and regula- tions adopted by the attorney general as premises where carrying a concealed weapon is prohibited, no license issued pursuant to this act shall authorize the licensee to carry a concealed weapon into: (1) Any place where an activity declared a common nuisance by K.S.A. 22-3901, and amendments thereto, is maintained; (2) any police, sheriff or highway patrol station; (3) any detention facility, prison or jail; (4) any courthouse; (5) any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the judge’s courtroom; (6) any polling place on the day an election is held; (7) any meeting of the governing body of a county, city or other political or taxing subdivision of the state, or any committee or subcommittee thereof; (8) on the state fairgrounds; (9) any state office building; (10) any athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education; APRIL 2, 2009 593 (11) any professional athletic event not related to or involving firearms; (12) any portion of a drinking establishment as defined by K.S.A. 41-2601, and amend- ments thereto, except that this provision shall not apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto; (13) any elementary or secondary school, attendance center, administrative office, serv- ices center or other facility; (14) any community college, college or university facility; (15) any place where the carrying of firearms is prohibited by federal or state law; (16) any child exchange and visitation center provided for in K.S.A. 75-720, and amend- ments thereto; (17) any community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto; mental health clinic organized pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric hospital licensed under K.S.A. 75-3307b, and amend- ments thereto; or state psychiatric hospital, as follows: Larned state hospital, Osawatomie state hospital or Rainbow mental health facility; (18) any city hall; (19) any public library operated by the state or by a political subdivision of the state; (20) any day care home or group day care home, as defined in Kansas administrative regulation 28-4-113, or any preschool or childcare center, as defined in Kansas administra- tive regulation 28-4-420; (21) any church or temple; or (22) any place in violation of K.S.A. 21-4218, and amendments thereto. (b) (1) Violation of this section is a class A misdemeanor. (2) Notwithstanding the provisions of subsection (a), it is not a violation of this section for the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a firearm within any county courthouse or court-related facility, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.