January 28, 1999
Journal of the Senate
THIRTEENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, January 28, 1999--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Lawrence was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
I've been here long enough, O God,
To appreciate the Senate:
The Senators, supportive staff,
Everybody in it.
I've watched them struggle with the issues,
Looking for some common ground.
Debating, listening, voting, hoping
The Decisions made are sound.
I've watched them lose their tempers,
Heard them raise their voices;
Seen their disappointment
With their colleagues' choices.
But when one of them is hurting,
Hard feelings are laid aside.
They rally `round their wounded,
Whatever's needed they'll provide.
I thank you for these people, Lord,
It's not hard to see
Kindness knows no party lines
They've all been good to me.
I thank you in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 159, An act concerning the Topeka state hospital property; transferring control and
operation of the Topeka state hospital property from the secretary of social and rehabilitation
services; amending K.S.A. 75-3765 and 76-12a01 and repealing the existing sections; also
repealing K.S.A. 76-371, by Joint Committee on State Building Construction.
SB 160, An act concerning insurance; eliminating discrimination in the coverage of
specific mental illnesses; amending K.S.A. 1998 Supp. 40-2,103 and 40-2,105 and repealing
the existing sections, by Financial Institutions and Insurance.
SB 161, An act concerning the office of the attorney general; relating to the D.A.R.E.
program, by Senators Goodwin, Barone, Becker, Biggs, Corbin, Donovan, Downey, Emert,
Gilstrap, Gooch, Hardenburger, Hensley, Jones, Langworthy, Lee, Morris, Oleen, Ranson,
Steffes, Steineger, Stephens, Vidricksen and Vratil.
SB 162, An act relating to Kansas insurance coverage for children; prior authorization;
amending K.S.A. 1998 Supp. 38-2001 and repealing the existing section, by Committee on
Public Health and Welfare.
SB 163, An act relating to transient guest tax; defining terms; amending K.S.A. 1998
Supp. 12-1692 and 12-1696 and repealing the existing sections, by Committee on
Assessment and Taxation.
SB 164, An act concerning crimes, criminal procedure and punishment; relating to failure
to report a crime, by Committee on Judiciary.
SB 165, An act concerning crimes and punishment; relating to capital murder; discovery,
by Committee on Judiciary.
SB 166, An act concerning crimes, criminal procedure and punishment; relating to
sentencing upon conviction of capital murder; victim impact evidence; amending K.S.A. 21-
4624 and repealing the existing section, by Committee on Judiciary.
SB 167, An act amending the homestead property tax refund act; increasing amounts
refundable thereunder; amending K.S.A. 79-4508 and 79-4509 and repealing the existing
sections, by Senator Emert (By request).
SB 168, An act concerning criminal procedure; relating to discovery; expert witness;
amending K.S.A. 1998 Supp. 22-3212 and repealing the existing section, by Committee on
Judiciary.
SB 169, An act designating a part of K-254 as the Senator Bill Morris memorial highway,
by Committee on Transportation and Tourism.
SB 170, An act concerning certain claims against the state, making appropriations,
authorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, by Joint
Committee on Special Claims Against the State.
SB 171, An act concerning school district finance; relating to the counting of preschool-
aged at-risk pupils; increasing base state aid per pupil; affecting determination of at-risk,
low enrollment, and correlation weightings; revising the definition of local effort; relating
to the school district general fund property tax levy; amending K.S.A. 1998 Supp. 72-6407,
72-6410, 72-6412, 72-6414, 72-6431, 72-6442 and 79-201x and repealing the existing
sections, by Committee on Education.
SB 172, An act repealing K.S.A. 19-2504, 19-2505 and 19-2506; relating to certain
excavations, by Committee on Energy and Natural Resources.
SB 173, An act relating to sales taxation; exempting sales of tangible personal property
and services purchased for repair or replacement of property damaged or destroyed by
certain disasters; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section,
by Senator Corbin.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Agriculture: SB 145.
Assessment and Taxation: SB 153 (separately).
Education: SB 155.
Elections and Local Government: SB 146.
Energy and Natural Resources: SB 158.
Financial Institutions & Insurance: SB 151, 152.
Judiciary: SB 147, 148, 149, 150, 154.
Transportation and Tourism: SB 153 (separately).
Ways and Means: SB 156, 157.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointment, submitted by the
Governor to the senate for confirmation, was considered.
Senator Emert moved the following appointment be confirmed as recommended by the
Standing Senate Committee:
On the appointment to the:
Long-Term Care Ombudsman:
Matthew Hickam, term expires January 15, 2000
The vote was: Yeas 25, nays 11, present and passing 3, absent or not voting 1.
Yeas: Becker, Bleeker, Bond, Brownlee, Donovan, Downey, Emert, Feleciano,
Hardenburger, Harrington, Huelskamp, Jones, Jordan, Langworthy, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Vidricksen, Vratil.
Nays: Barone, Biggs, Clark, Gilstrap, Goodwin, Hensley, Lee, Petty, Steineger, Stephens,
Umbarger.
Present and passing: Corbin, Gooch, Kerr.
Absent or not voting: Lawrence.
The appointment was confirmed.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
SB 25, An act concerning the university of Kansas medical center; authorizing certain
capital improvement projects by the university of Kansas hospital authority, was considered
on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 27, An act repealing K.S.A. 72-64a01 and 72-64a02, concerning the Kansas committee
on school district finance and quality performance, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 28, An act repealing K.S.A. 72-4409, 72-4409a and 72-4410, concerning the state
council on vocational education and the state advisory council for vocational education, was
considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 29, An act repealing K.S.A. 72-1106c and 72-1106d, concerning the school term and
special exceptions thereto, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 30, An act repealing K.S.A. 72-120, concerning the publication of school laws by the
state board of education, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 31, An act repealing K.S.A. 72-933, concerning special education services for
developmentally disabled children, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 32, An act repealing K.S.A. 72-77a01, 72-77a02, 72-77a03 and 72-77a04, concerning
the Kansas commission on education restructuring and accountability, was considered on
final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 33, An act repealing K.S.A. 72-1626b, concerning bond issuances authorized before
school district unification, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 34, An act repealing K.S.A. 72-9401, 72-9402, 72-9403, 72-9404, 72-9406, 72-9407
and 72-9408, concerning the state minimum competency assessment program, was
considered on final action.
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, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Clark, Huelskamp.
Absent or not voting: Lawrence.
The bill passed.
SB 35, An act repealing 72-6761a and 72-6761b, concerning the validation of certain
bond issuances, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 36, An act repealing K.S.A. 72-5303, concerning the provision and maintenance of
water closets by boards of education, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SB 37, An act repealing K.S.A. 72-1114, 72-1115 and 72-1116, concerning school district
self evaluation and accreditation, was considered on final action.
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, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Clark, Huelskamp.
Absent or not voting: Lawrence.
The bill passed.
SB 51, An act relating to motor vehicles; concerning certain distinctive license plates;
amending K.S.A. 8-132, 8-161, 8-162 and 8-1,139 and K.S.A. 1998 Supp. 8-133, 8-177a, 8-
177c, 8-1,140, 8-1,142, 8-1,145 and 8-1,146 and repealing the existing sections, was
considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed, as amended.
SB 56, An act concerning the university of Kansas hospital authority; relating to members
thereof; amending K.S.A. 1998 Supp. 76-3304 and repealing the existing section, was
considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The bill passed.
SCR 1602, A Concurrent Resolution urging the secretary of the United States
department of agriculture to provide greater opportunities to the farmers of the United
States by taking greater advantage of the export enhancement program, was considered on
final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The resolution was adopted, as amended.
SCR 1605, A Concurrent Resolution urging Congress to remove or restrict the use of
trade sanctions as they apply to agricultural products and to work for the reduction or
elimination of trade barriers and sanctions imposed by other countries against agricultural
products, was considered on final action.
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, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Absent or not voting: Lawrence.
The resolution was adopted, as amended.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Jordan, Becker, Brownlee, Langworthy and Vratil introduced the following
Senate resolution, which was read:
SENATE RESOLUTION No. 1806--
A RESOLUTION designating the Johnson County Park and Recreation District as the
Bluebird Capitol of Kansas.
WHEREAS, The Johnson County Park and Recreation District, with the enthusiastic
support and assistance of local bluebird representatives, fledged 1,012 bluebirds during
1998. This total represents a 32% increase over the 1997 fledging count of 768 young
bluebirds and is the largest amount recorded in the state. Johnson County also had the
highest fledge count for 1996 and 1997; and
WHEREAS, The Johnson County effort is a part of the federal bluebird recovery
program. The Johnson County statistics on fledgings are reported, along with other counties,
to Kansas Bluebirds, a state statistical reporting source. The Kansas total is reported to the
North American Bluebird Society and to the Bluebird Recovery Program, Audubon
Chapter; and
WHEREAS, The efforts of Johnson County bluebird enthusiasts for 1998 included the
placement and maintenance of over 200 bird houses, the monitoring of these bird houses
on a weekly basis (twice in troubled areas) during the nesting season, the recording of
occupancy of these bird houses, the number of eggs laid, the number of eggs and baby
bluebirds lost and the number of successful fledgings. The efforts of these Johnson County
birders, and of others throughout the state and the nation have been the main efforts
responsible for restoring the population of a colorful and delightful species: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we designate the Johnson
County Park and Recreation District as the Bluebird Capitol of Kansas and congratulate
the many friends of the bluebirds for their efforts on behalf of this colorful creature; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Vickie Truitt, Chair, Johnson County Park and Recreation District,
7900 Renner Road, Shawnee Mission, Kansas 66219-9723 and to Mr. and Mrs. Frank Rollf,
Bluebirders, 7027 Mill Creek, Shawnee, Kansas 66217, Mr. and Mrs. Dick Imel,
Bluebirders, 8908 W. 71st Street, Merriam, Kansas 66204-1121 and Mr. and Mrs. Jim
Piland, Kansas Bluebirds, 516 U.S. Highway 281, Waldo, Kansas 67673.
On emergency motion of Senator Jordan SR 1806 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 59 be amended on page 14,
in line 26, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed
as amended.
Committee on Judiciary recommends SB 130 be passed.
REPORT ON ENGROSSED BILLS
SB 51; SCR 1602, 1605 reported correctly engrossed January 28, 1999.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 29,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.