February 11, 1999
Journal of the Senate
TWENTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, February 11, 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 Hardenburger was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
My senses aren't as sharp as I recall they
used to be;
The smaller things in life are now more
difficult to see.
One person speaking clearly is not hard at
all to hear,
But simultaneous talking is confusion to my
ear.
The apples and the oranges aren't so tangy
anymore,
And I can't detect sweet odors drifting
through the kitchen door.
But there's something I've discovered which
I want to thank You for;
My sense of God is sharper than it ever was
before.
So what if there are senses which the years
are prone to kill?
Who wants to see the wrinkles, hear the
traffic, taste the pills?
So while my body's senses tend to fade away
with time,
Your ever-growing presence keeps my spirit
in its prime!
I pray in the Name of Christ
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 296, An act concerning hazardous waste; amending K.S.A. 65-3444 and K.S.A. 1998
Supp. 65-3431 and repealing the existing sections, by Committee on Energy and Natural
Resources.
SB 297, An act concerning crimes, punishment and criminal procedure; relating to capital
murder and the sentence of death; amending K.S.A. 21-4631, 21-4634, 21-4635 and 22-
3705 and K.S.A. 1998 Supp. 21-3105, 21-4706, 22-3717, 22-4505 and 22-4506 and repealing
the existing sections; also repealing K.S.A. 21-3439, 21-4622, 21-4623, 21-4624, 21-4625,
21-4627, 21-4629, 21-4630, 22-3704, 22-4001, 22-4002, 22-4003, 22-4004, 22-4005, 22-
4006, 22-4009, 22-4011, 22-4012, 22-4013, 22-4014, 22-4015 and 22-4016 and K.S.A. 1998
Supp. 21-4626, by Committee on Judiciary.
SB 298, An act concerning limitation of actions; relating to services by land surveyor;
amending K.S.A. 60-511 and repealing the existing section, by Committee on Judiciary.
SB 299, An act concerning civil procedure; relating to venue; amending K.S.A. 60-612
and repealing the existing section, by Committee on Judiciary.
SB 300, An act concerning property taxation; relating to tax levy rate limitations on certain
governmental units; ameding K.S.A.79-5028 and repealing the existing section, by
Committee on Judiciary.
SB 301, An act relating to consumer credit; concerning the uniform consumer credit
code; amending K.S.A. 16-207, 16a-1-108, 16a-1-201, 16a-2-103, 16a-2-302, 16a-2-303, 16a-
2-401, 16a-2-402, 16a-2-403, 16a-2-404, 16a-2-510, 16a-3-304, 16a-4-112, 16a-5-203, 16a-
5-301, 16a-6-104, 16a-6-105, 16a-6-106, 16a-6-108, 16a-6-117, 16a-6-201 and 16a-6-202 and
K.S.A. 1998 Supp. 16a-1-301, 16a-2-201, 16a-2-202, 16a-2-501 and 16a-2-502 and repealing
the existing sections; also repealing K.S.A. 16a-2-305, 16a-2-306, 16a-5-302, 16a-6-107 and
16a-6-204 and K.S.A. 1998 Supp. 16a-2-401a, by Committee on Financial Institutions and
Insurance.
SB 302, An act concerning the health care data governing board; transferring
administration of the cancer registry thereto; amending K.S.A. 1998 Supp. 65-1,168, 65-
1,169, 65-1,171, 65-1,172, 65-1,173 and 65-6809 and repealing the existing sections, by
Committee on Public Health and Welfare.
SB 303, An act concerning surveyors; authorizing creation of surveyor districts, by
Committee on Federal and State Affairs.
SB 304, An act concerning housing; establishing handicapped accessability for new and
remodeled buildings, by Committee on Federal and State Affairs.
SB 305, An act relating to driver licenses; concerning parent or guardian taught
drivereducation courses, by Committee on Federal and State Affairs.
SB 306, An act concerning civil procedure; relating to foreign judgments; amending
K.S.A. 60-3002 and repealing the existing section, by Committee on Judiciary.
SB 307, An act concerning the consumer protection act; relating to home improvement
loans for senior citizens and disabled persons; penalties and fines, by Committee on
Judiciary.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Agriculture: SB 281, 287, 292.
Assessment and Taxation: SB 280.
Commerce: SB 290.
Education: SB 294, 295.
Elections and Local Government: SB 283, 288.
Energy and Natural Resources: SB 285.
Federal and State Affairs: SB 278, 279.
Financial Institutions & Insurance: SB 291.
Judiciary: SB 282, 286; HB 2101, 2102, 2135, 2136.
Transportation and Tourism: SB 293.
Utilities: SB 284.
Ways and Means: SB 289.
CHANGE OF REFERENCE
The President withdrew SB 66 from the calendar under the heading of General Orders,
and rereferred the bill to the Committee on Transportation and Tourism.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2092, 2137.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2092, 2137 were thereupon introduced and read by title.
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 145 be amended on page 6, in line 12,
following ``member'' by inserting ``, as defined in K.A.R. 19-40-4 and amendments thereto'';
On page 15, in line 6, by striking ``outreach'' and inserting ``impaired veterinarian''; and
the bill be passed as amended.
Committee on Assessment and Taxation recommends SB 252 be amended on page
31, by striking all in lines 5 and 6; in line 9, by striking all after the period; by striking all in
lines 10 through 13;
By renumbering existing sections accordingly; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 161 be passed.
Committee on Transportation and Tourism recommends SB 169 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
Committee on Ways and Means recommends SB 213 be amended on page 1, in line
19, by striking ``2000'' and inserting ``1999'';
On page 2, in line 5, by striking all after the period; by striking all in lines 6 through 18;
in line 19 by striking ``(3)'' and inserting ``(2)'';
On page 3, in line 19, by striking the colon; by striking all in lines 20 through 22; in line
23, by striking ``(B)''; in line 24, by striking ``legislature'' and inserting ``legislative
coordinating council''; also in line 24, by striking all after ``before''; by striking all in line 25
and inserting ``June 30, 2000.'';
On page 4, in line 10, by striking ``2001'' and inserting ``2000''; and the bill be passed as
amended.
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
Pugh in the chair.
On motion of Senator Pugh the following report was adopted:
Recommended that SB 70, 90, 107, 115 be passed.
Also, SB 15, 38, 68, 74, 135 be amended by adoption of the committee amendments,
and the bills be passed as amended.
SCR 1609 be amended by adoption of the committee report and the concurrent
resolution be adopted as amended.
SB 62 be amended by motion of Senator Petty on page 2, in line 12, by striking
``emergency or''; also in line 12, by striking all after ``security''; in line 13, by striking
``cedures''; also in line 13, by striking ``or plans, drawings, specifications or''; in line 14, by
striking ``related information for any''; also in line 14, by striking all after ``facility''; by striking
all in lines 15 and 16; in line 17, by striking ``munications'', and the bill be passed as amended.
SB 44, 45 be passed over and retain a place on the calendar.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator an emergency was declared by a 2/3 constitutional majority, and
SB 15, 38, 62, 68, 70, 74, 90, 107, 115, 135; SCR 1609 were advanced to Final Action
and roll call.
SB 15, An act concerning the division of alcoholic beverage control; relating to the powers
and duties of the director, agents and employees thereof; amending K.S.A. 1998 Supp. 41-
201 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 38, An act concerning school districts; relating to state grants for provision of services
at Flint Hills job corps center and certain juvenile detention facilities; amending K.S.A. 1998
Supp. 72-6407, 72-6430 and 72-8187 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 62, An act concerning authorized subjects for discussion in closed or executive
meetings; amending K.S.A. 75-4319 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 36, nays 3, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gooch, Goodwin, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes,
Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Gilstrap, Huelskamp, Steineger.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 68, An act concerning state governmental ethics; amending K.S.A. 1998 Supp. 46-
236 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Gilstrap.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 70, An act concerning big game permits; amending K.S.A. 1998 Supp. 32-937 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 74, An act concerning insurance; relating to risk-based capital requirements;
amending K.S.A. 1998 Supp. 40-2c01 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
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, 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 107, An act concerning school health assessments; sunset provision; amending K.S.A.
1998 Supp. 72-5214 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, 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, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp.
Absent or not voting: Hardenburger.
The bill passed.
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, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, 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, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp.
Absent or not voting: Hardenburger.
The bill passed.
SB 135, An act concerning the health care reform legislative oversight committee;
expiration date; repealing K.S.A. 1998 Supp. 46-2501, 46-2502, 46-2503, 46-2504, 46-2505
and 46-2506, 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SCR 1609, A CONCURRENT RESOLUTION urging Congress to direct the
Environmental Protection Agency (EPA) to initiate administrative rulemaking that ensures
the Food Quality Protection Act is implemented in a manner that utilizes sound science
and real world data, protects the production, availability and affordability of food and further
urges Congress to conduct oversight hearings to ensure EPA actions are consistent with
Congressional intent, 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, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The resolution was adopted, as amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 12,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.