MAY 7, 2021 1259 Journal of the Senate SIXTY-FOURTH DAY SENATE CHAMBER, TOPEKA, KANSAS Friday, May 7, 2021, 10:00 a.m. The Senate was called to order by Vice President Rick Wilborn. The roll was called with 40 senators present. Invocation by Reverend Cecil T. Washington: To God Be the Glory, In Song! Regardless of his own power and fame, King David wrote this song of praise, that God's people may well praise Him! In Psalm 8:1-2, these are the words he wrote... “I will give thanks to the Lord with all my heart; I will recount all Your wonders; I will be glad and rejoice in You; I will sing praise to Your name, O Most High.” Heavenly Father, You inspired another song writer, Andre Crouch, to write a song of praise for today. And Lord, may the spirit of this melody bless Your heart and the heart of Your people! (The following words were sung by Reverend Washington.) How can I say thanks for the things You've done for me Things so undeserved, yet you gave to prove your love to me The voices of a million angels could not express my gratitude All that I am and ever hope to be, I owe it all to Thee To God be the glory. To God be the glory. To God be the glory For the things You have done With Your blood, you have saved me With Your power, You have raised me To God be the glory, for the things You have done Just let me live my life, and let it be pleasing, Lord to Thee And should I gain any praise, let it go to Calvary With Your blood, You have saved me With Your power, You have raised me To God be the glory, for the things You have done. Amen!! The Pledge of Allegiance was led by Vice President Wilborn. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: SB 315, AN ACT concerning health and healthcare; relating to medical marijuana; creating the Kansas medical marijuana regulation act; providing for licensure and regulation of the cultivation, distribution, sale and possession of medical marijuana; delegating administrative duties and functions to the secretary of health and 1260 JOURNAL OF THE SENATE environment, secretary of revenue, board of healing arts, board of pharmacy and the director of alcoholic beverage control; imposing fines and penalties for violations of the act; establishing the medical marijuana registration fund and the medical marijuana business regulation fund; creating the crime of unlawful transport of medical marijuana; making exceptions to the crimes of unlawful manufacture and possession of controlled substances; amending K.S.A. 44-1009, 44-1015, 65-28b08, 79-5201 and 79-5210 and K.S.A. 2020 Supp. 19-101a, 21-5703, 21-5705, 21-5706, 21-5707, 21-5709, 21-5710, 23-3201, 38-2269, 44-501, 44-706 and 65-1120 and repealing the existing sections, by Committee on Ways and Means. SCR 1614, A CONCURRENT RESOLUTION calling for the creation of a national federalism task force for the purpose of convening federalism summits to develop plans for restoring and maintaining clearly discernable divisions in the roles and responsibilities of the national government and the states, by Senator Hilderbrand. ORIGINAL MOTION Senator Senator Alley moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: SB 91. CONSIDERATION OF MOTIONS TO CONCUR AND NONCONCUR On motion of Senator Olson the Senate nonconcurred in the House amendments to SB 91 and requested a conference committee be appointed. The President appointed Senators Olson, Steffen and Holland as a conference committee on the part of the Senate. On motion of Senator Alley, the Senate recessed until the sound of the gavel. ________ The Senate met pursuant to recess with President Masterson in the chair. ORIGINAL MOTION Senator Alley moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: S Sub Sub HB 2397. ORIGINAL MOTION Senator Alley moved to advance S Sub Sub HB 2397 to final action subject to amendment and debate. Motion carried. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Alley an emergency was declared by a 2/3 constitutional majority, and S Sub Sub HB 2397 was advanced to Final Action and roll call. S Sub Sub HB 2397, AN ACT reconciling conflicting amendments to certain statutes; amending K.S.A. 66-104, as amended by section 1 of 2021 House Bill No. 2367, 75-5133 and 79-3234 and K.S.A. 2020 Supp. 8-2110, 8-2118, as amended by section 6 of 2021 Senate Bill No. 67, 45-229, as amended by section 12 of 2021 House Bill No. 2390, 58-652, as amended by section 1 of 2021 Senate Bill No. 103, and 60- MAY 7, 2021 1261 5508, as amended by section 6 of 2021 Senate Bill No. 283, and repealing the existing sections; also repealing K.S.A. 22-4514a, as amended by section 1 of 2021 Senate Bill No. 16, 66-104, as amended by section 1 of 2021 House Bill No. 2145, 75-3728c, as amended by section 2 of 2021 Senate Bill No. 16, 75-5133d, 76-721, as amended by section 3 of 2021 Senate Bill No. 16, 79-3233b, as amended by section 4 of 2021 Senate Bill No. 16, and 79-3234d and K.S.A. 2020 Supp. 8-2110b, 8-2118c, 39-1431b, 45-229, as amended by section 5 of 2021 House Bill No. 2162, 45-229, as amended by section 36 of 2021 House Bill No. 2391, 58-652, as amended by section 39 of 2021 Senate Bill No. 106, and 60-5508, as amended by section 3 of 2021 House Bill No. 2126. On roll call, the vote was: Yeas 39; Nays 0; Present and Passing 1; Absent or Not Voting 0. Yeas: Alley, Baumgardner, Billinger, Bowers, Claeys, Corson, Dietrich, Doll, Erickson, Fagg, Faust-Goudeau, Francisco, Gossage, Haley, Hawk, Hilderbrand, Holland, Holscher, Kerschen, Kloos, Longbine, Masterson, McGinn, O'Shea, Olson, Peck, Petersen, Pettey, Pittman, Ryckman, Steffen, Straub, Suellentrop, Sykes, Thompson, Tyson, Ware, Warren, Wilborn. Present and Passing: Pyle. The bill passed. CHANGE OF CONFERENCE The President appointed Senators Warren, Wilborn, and Haley to replace Senators Tyson, Alley, and Holland as members of the conference committee on SB 58. On motion of Senator Alley, the Senate recessed until 2:00 p.m. ________ AFTERNOON SESSION The Senate met pursuant to recess with Vice President Wilborn in the chair. MESSAGE FROM THE HOUSE The House accedes to the request of the Senate for a conference on SB 91 and has appointed Representatives Tarwater, Long and Clayton as conferees on the part of the House. The House adopts the Conference Committee report on H Sub SB 78. The House adopts the Conference Committee report on SB 29. The House concurs in Senate amendments to S Sub for Sub HB 2397. ORIGINAL MOTION Senator Senator Alley moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bills: H Sub SB 78; HB 2137. CONFERENCE COMMITTEE REPORT MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 29 submits the following report: The Senate accedes to all House amendments to the bill, and your committee on 1262 JOURNAL OF THE SENATE conference further agrees to amend the bill as printed with House Committee amendments, as follows: On page 1, by striking all in lines 6 through 34; On page 2, by striking all in lines 1 through 31; following line 31, by inserting: "Section 1. K.S.A. 2020 Supp. 40-2,193 is hereby amended to read as follows: 40- 2,193. (a) For the purposes of this section: (1) "Specially designed policy'' means an insurance policy that by design may not meet all or part of the definitions of a group or individual sickness and accident insurance policy and includes temporary sickness and accident insurance on a short- term, limited-duration basis. (2) "Short-term, limited-duration'' means an insurance policy period of six months or less than 12 months, based upon policy design, which that offers not more than one renewal period or extension periods up to a maximum policy period of 36 months total duration, with or without a requirement of medical re-underwriting or medical requalification. (A) Because a short-term, limited-duration policy addresses the special needs for temporary coverage, a short-term, limited-duration policy is not subject to continuation provisions of the health insurance portability and accountability act of 1996 (public law 104-191). (B) Because a short-term, limited-duration policy addresses the special needs for temporary coverage, a short-term, limited-duration policy shall be exempt from medical loss ratio calculations associated with individual sickness and accident insurance issued within the state unless such calculation excludes any monthly administration fee associated with the sale of such policy. (b) Specially designed policies shall include policies designed to provide sickness and accident insurance for specific coverage of benefits or services that may be excluded as benefits or services cited under K.S.A. 2020 Supp. 40-2,192, and amendments thereto. Specially designed policies may include the following stand-alone policies and coverages: (1) Chiropractic plans; (2) acupuncture coverage plans; (3) holistic medical treatment plans; (4) podiatrist plans; (5) pharmacy plans; (6) psychiatric plans; (7) allergy plans; and (8) such other stand-alone plans or combinations of plans of accepted traditional and nontraditional medical practice as shall be allowable for exclusion from group or individual plans under K.S.A.