January 21, 1999
Journal of the Senate
EIGHTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Topeka, Kansas, Thursday, January 21, 1999--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, Father Mark Goldasich, Pastor of Sacred
Heart Church, Tonganoxie, who delivered the invocation:
LORD, we thank you today for our lives and all the other blessings you give to us. In
particular, we are grateful for our ability to speak, a special gift from you. Give us your
grace this day to control our tongues, which often prove to be such slippery servants.
Lord, keep us from getting talkative. And particularly from the fatal habit that we
must say something on every subject at every occasion.
Release us from craving to straighten out everybody's affairs.
Keep our minds free from the recital of endless details; give us wings to get to the
point.
Teach us the glorious lesson that occasionally it is possible that we may be mistaken.
Keep us reasonably sweet, and help us to exact all possible joy out of life.
Make us thoughtful but not moody, helpful but not bossy.
In a special way, Lord, guide these senators. Help them to be law-keepers as well as
law-makers.
Help them approach their work with a sense of humor as well as a sense of honor.
Help them, finally, to hear and give voice to the needs of those who may feel forgotten.
Bless these senators and their families. And, through the work that they do, bless all
the people of our state of Kansas.
We ask this through Christ our Lord.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 79, An act relating to insurance; concerning municipal funded pools; amending K.S.A.
12-2618, 12-2620, 12-2622, 12-2627 and 44-586 and K.S.A. 1998 Supp. 12-2621, 44-584
and 44-585 and repealing the existing sections, by Committee on Financial Institutions and
Insurance.
SB 80, An act relating to accident and health insurance; concerning an external review
process; providing certain requirements, by Committee on Financial Institutions and
Insurance.
SB 81, An act concerning civil procedure; relating to the rules of evidence; amending
K.S.A. 60-466 and repealing the existing section, by Committee on Financial Institutions
and Insurance.
SB 82, An act relating to sales taxation; exempting certain hotel room renting services
therefrom; amending K.S.A. 1998 Supp. 79-3603 and repealing the existing section, by
Committee on Assessment and Taxation.
SB 83, An act relating to sales taxation; exempting construction labor services employed
in the remodeling or renovation of hotels; amending K.S.A. 1998 Supp. 79-3603 and
repealing the existing section, by Committee on Assessment and Taxation.
SB 84, An act concerning telecommunications; declaring the public policy of the state;
amending K.S.A. 1998 Supp. 66-2001 and repealing the existing section, by Committee on
Commerce.
SB 85, An act concerning telecommunications services; relating to enhanced universal
service; amending K.S.A. 1998 Supp. 66-1,187 and 66-2005 and repealing the existing
sections, by Committee on Commerce.
SB 86, An act concerning telecommunications; relating to the definition of enhanced
universal service; amending K.S.A. 1998 Supp. 66-1,187, 66-2002 and 66-2005 and repealing
the existing sections, by Committee on Commerce.
SB 87, An act concerning civil procedure; relating to pleadings; claims for relief;
amending K.S.A. 1998 Supp. 60-208 and 60-209 and repealing the existing sections, by
Committee on Judiciary.
SB 88, An act concerning the uniform commercial code; relating to secured transactions;
sale of accounts and chattels; amending K.S.A. 84-9-102 and repealing the existing section,
by Committee on Judiciary.
SB 89, An act repealing K.S.A. 7-104, 7-106, 7-107, 7-111 and 7-121; concerning
attorneys, by Committee on Judiciary.
SB 90, An act concerning criminal procedure; relating to arrest; release on appearance
bond; amending K.S.A. 22-2809 and repealing the existing section, by Committee on
Judiciary.
SB 91, An act concerning courts; relating to jurisdiction of district magistrate judges;
actions pursuant to protection from abuse act; amending K.S.A. 1998 Supp. 20-302b and
repealing the existing section, by Committee on Judiciary.
SB 92, An act concerning crime, criminal procedure and punishment; relating to parole
hearings; comments of victims; amending K.S.A. 1998 Supp. 22-3717 and repealing the
existing section, by Committee of Judiciary.
SB 93, An act concerning juvenile offenders; relating to venue of proceedings; amending
K.S.A. 1998 Supp. 38-1605 and repealing the existing section, by Committee on Judiciary.
SB 94, An act concerning courts; relating to jurisdiction of district magistrate judges;
felony arraignments; amending K.S.A. 20-310b, 20-2915, 22-2902 and 22-3206 and K.S.A.
1998 Supp. 20-302b and repealing the existing sections, by Committee on Judiciary.
SB 95, An act concerning juvenile offenders; relating to arrest and placement; court
services officers; amending K.S.A. 1998 Supp. 38-1624 and 38-1640 and repealing the
existing sections, by Committee of Judiciary.
SB 96, An act concerning modification of child custody or residential placement orders,
by Committee on Judiciary.
SB 97, An act concerning small claims procedure; relating to corporate representation;
amending K.S.A. 61-2707 and repealing the existing section, by Committee on Judiciary.
SB 98, An act concerning crimes, criminal procedure and punishment; related to
sentencing; amending K.S.A. 1998 Supp. 21-4603d and repealing the existing section, by
Committee on Judiciary.
SB 99, An act relating to transportation; providing for a comprehensive transportation
program; concerning the financing thereof; amending K.S.A. 12-1,119, 68-2033, 68-2073,
68-2096, 68-2315, 68-2316, 68-2320, 68-2328, 75-5032, 75-5033, 75-5034, 75-5035, 75-
5037, 75-5046, 75-5048, 75-5053, 75-5056, 75-5061, 79-3425, 79-3425c, 79-34,104, 79-
34,126, 79-34,142, 79-34,161 and 79-34,162 and K.S.A. 1998 Supp. 12-187, 68-416, 68-2321
and 79-34,147 and repealing the existing sections; also repealing K.S.A. 66-231a, 66-231b,
68-402e, 68-417, 68-417a, 68-417b, 68-2318, 79-3425d and 79-34,143 and K.S.A. 1998
Supp. 68-2314, by Committee on Transportation and Tourism.
SB 100, An act concerning the state emergency fund; relating to certain transfers from
the state general fund; amending K.S.A. 75-3712 and repealing the existing section, by
Committee on Ways and Means.
SB 101, An act concerning legislators; relating to expense and mileage allowances;
amending K.S.A. 1998 Supp. 46-137a and repealing the existing section, by Federal and
State Affairs.
SB 102, An act concerning the department of corrections; relating to the correctional
industries fund; amending K.S.A. 75-3717b, 75-5281, 75-5282 and 75-5288 and repealing
the existing sections, by Joint Committee on Corrections and Juvenile Justice Oversight.
SB 103, An act concerning juvenile offenders; relating to juvenile intake and assessment;
extended juvenile jurisdiction prosecution; juvenile offenders discharge from commitment;
definitions; extension of committee; amending K.S.A. 75-7023 and K.S.A. 1998 Supp. 38-
1604, 38-1624, 38-1636, 38-1640, 38-1663, as amended by section 8 of chapter 187 of the
1998 Session Laws of Kansas, 38-1675, 38-16,129, 46-2801 and 72-1113 and repealing the
existing sections, by Joint Committee on Corrections and Juvenile Justice Oversight.
SB 104, An act concerning the healing arts; relating to pain management, by Committee
on Public Health and Welfare, by Request of the Health Care Reform Legislative Oversight
Committee.
SB 105, An act concerning rights of persons; amending K.S.A. 59-3018 and 76-12b10
and K.S.A. 1998 Supp. 59-2978 and repealing the existing sections, by Committee on Public
Health and Welfare.
SB 106, An act concerning emergency medical and trauma services; creating a board;
establishing a trauma registry; amending K.S.A. 20-2801 and K.S.A. 1998 Supp. 8-2106, 12-
4117, 12-4214 and 12-4305 and repealing the existing sections, by Committee on Public
Health and Welfare.
SB 107, An act concerning school health assessments; sunset provision; amending K.S.A.
1998 Supp. 72-5214 and repealing the existing section, by Committee on Public Health and
Welfare.
SB 108, An act regarding insurance, relating to coverage for off-label use of prescription
drugs; amending K.S.A. 1998 Supp. 40-2,103 and 40-19c09 and repealing the existing
sections, by Committee on Public Health and Welfare.
SB 109, An act concerning reorganization of the state executive department; creation of
a division of professional regulation within the department of health and environment;
functions and structure thereof; amending K.S.A. 47-821, 47-822, 47-824, 47-829, 47-830,
47-840, 65-2840a, 65-2865, 65-2874, 65-3506, 65-3507, 65-5904, 65-5905, 65-5907, 65-
5908, 65-6128, 65-6502, 65-6503, 65-6507, 74-1406, 74-1504, 74-7502 and 74-7503 and
K.S.A. 1998 Supp. 39-923, 65-1903, 65-1904, 65-1905, 65-1907, 65-1908, 65-2809, 65-2811,
65-2828, 65-2836, 65-2852, 65-2861, 65-2896, 65-3502, 65-3503, 65-3505, 65-5902, 65-
5909, 65-5911, 65-5913, 65-6110, 65-6111, 65-6127, 65-6129, 65-6129b, 65-6129c, 65-6133,
65-6501, 65-6506, 65-6508, 65-6512, 74-1106, 74-1606, 74-2702a, 74-7501 and 74-7507 and
repealing the existing sections, by Committee on Public Health and Welfare.
SB 110, An act concerning the board of nursing; relating to exempt licenses; amending
K.S.A. 1998 Supp. 65-1115, 65-1116, 65-1131 and 65-4203 and repealing the existing
sections, by Committee on Public Health and Welfare.
SB 111, An act concerning reporting violations of the state governmental ethics law;
amending K.S.A. 1998 Supp. 46-253 and 46-288 and repealing the existing sections, by
Committee on Elections and Local Government.
SB 112, An act concerning school district finance; increasing base state aid per pupil;
affecting determination of low enrollment and correlation weightings; revising the definition
of; amending K.S.A. 1998 Supp. 72-6407, 72-6410, 72-6412 and 72-6442 and repealing the
existing sections, by Committee on Education.
SB 113, An act concerning the state board of regents; relating to the membership thereof;
amending K.S.A. 1998 Supp. 74-3201 and repealing the existing section, by Senators
Lawrence, Barone, Becker, Bleeker, Brownlee, Clark, Corbin, Donovan, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Petty, Ranson, Salmans,
Steffes, Steineger, Stephens, Tyson and Umbarger.
SB 114, An act concerning the Kansas whistleblower act; amending K.S.A. 1998 Supp.
75-2973 and repealing the existing section, by Senators Hensley and Petty.
SB 115, An act concerning real estate brokers and salespersons; relating to fees imposed
by the Kansas real estate commission; amending K.S.A. 1998 Supp. 58-3063 and repealing
the existing section, by Committee on Federal and State Affairs.
SB 116, An act relating to sales taxation; exemption purchases of the Kansas Academy
of Science therefrom; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing
section, by Committee on Federal and State Affairs.
SB 117, An act concerning unclaimed property; providing for the disposition thereof;
enacting the uniform unclaimed property act; repealing K.S.A. 58-3934, 58-3936, 58-3937,
58-3938, 58-3940, 58-3941, 58-3942, 58-3943, 58-3944, 58-3945, 58-3946, 58-3947, 58-
3948, 58-3949, 58-3952, 58-3953, 58-3954, 58-3955, 58-3956, 58-3957, 58-3958, 58-3959,
58-3960, 58-3961, 58-3962, 58-3963, 58-3964, 58-3965, 58-3966, 58-3967, 58-3968, 58-
3969, 58-3970, 58-3971, 58-3972, 58-3973, 58-3974, 58-3975 and 58-3976 and K.S.A. 1998
Supp. 58-3935, 58-3939, 58-3950 and 58-3951, by Committee on Judiciary.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 78.
Commerce: SB 76.
Federal and State Affairs: SB 72.
Financial Institutions and Insurance: SB 73, 74, 75.
Transportation and Tourism: SB 77.
Ways and Means: HB 2027.
MESSAGE FROM THE GOVERNOR
OFFICE OF THE GOVERNOR
January 15, 1999
The Honorable Dick Bond
President of the Senate
State Capitol, 3rd Floor
Topeka, Kansas 66612
RE: Communication to the House and Senate pursuant to K.S.A. 22-3703.
Gentlemen:
This is my report of pardons to the Legislature pursuant to K.S.A. 22-3703. That statute
requires that I communicate to both houses at each regular session a list of all persons
pardoned by me during the preceding year.
For calendar year 1998, no pardons or clemencies were granted. A total of 26 applications
for pardon or clemency were denied.
My policy regarding pardons and clemencies remains the same, i.e., that they should be
granted when a gross miscarriage of justice has occurred and all other judicial remedies
have been exhausted and have failed to correct the injustice. I have yet to review an
application that fits this criteria.
Very sincerely,
Bill Graves
Governor
COMMUNICATIONS FROM STATE OFFICERS
KANSAS, INC.
January 1999
In accordance with KSA 74-8015, Charles R. Ranson, President, Kansas, Inc., submitted
the Fiscal Year 1998 Grants and Loans Report, along with the County Economic Vitality
and Distress 1997 Report Update.
Also submitted by Mr. Ranson, in accordance with KSA 74-8017, was the annual report
for the Sales Tax Exemption and Kansas Economic Development Income Tax Credits, along
with the State Sponsored Seed and Venture Capital Programs and Alternatives to Direct
State Funding.
The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SCR 1602 be amended on page 1, in line
28, preceding ``Secretary'' by inserting ``President of the United States, the President,
Majority Leader and Minority Leader of the United States Senate, the Speaker, Majority
Leader and Minority Leader of the United States House of Representatives, the''; and the
concurrent resolution be adopted as amended.
Also, SCR 1605 be amended on page 1, following line 19, by inserting the following:
``WHEREAS, not only do the sanctions imposed by the United States cause great harm
to the Kansas farmer, but so do the unfair trade barriers and sanctions imposed on
agricultural products by other countries; and'';
Also on page 1, preceding line 32, by inserting the following:
``Be it further resolved: That Congress work for the reduction and elimination of trade
barriers and sanctions imposed by other countries against agricultural products; and'';
Also on page 1, in line 33, preceding ``President'' by inserting ``President of the United
States,''; also in line 33, following ``President'' by inserting ``, Majority Leader and Minority
Leader''; in line 34, following ``Speaker'' by inserting ``, Majority Leader and Minority
Leader''; in line 35, following ``State'' by inserting ``, the Secretary of the United States
Department of Agriculture'';
Also on page 1, in the title, in line 11, preceding the period, by inserting ``and to work
for the reduction or elimination of trade barriers and sanctions imposed by other countries
against agricultural products''; and the concurrent resolution be adopted as amended.
REPORT ON ENROLLED BILLS
SCR 1604 reported correctly enrolled, properly signed and presented to the Secretary
of State on January 21, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Oleen in the chair.
On motion of Senator Oleen the following report was adopted:
Recommended that SB 9, 10, 12, 41 be passed.
Also, SB 11 be amended by adoption of the committee amendments, and the bill be
passed as amended.
SB 2 be amended by adoption of the committee amendments, and further amended by
motion of Senator Stephens on page 1, in line 40, after the fourth comma by inserting
``Lyon,''.
The bill be further amended by motion of Senator Hensley on page 1, in line 40, before
the first ``or'' by inserting ``, Osage'', and the bill be passed as further amended.
SB 39 be passed over and retain a place on the calendar.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 22,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.