March 12, 1999
Journal of the Senate
FORTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, March 12, 1999--9:00 a.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with thirty-nine senators present.
Senator Corbin was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
The weather doesn't look too friendly as we head for home. Please give us a safe
journey. After arriving, help us to get some much needed rest. Don't let the phone
disturb our sleep and if it does, may it be someone we want to talk to, and if it isn't,
may we be familiar with the subject, and if we are not, may the conversation be
short.
When we go to church somehow let the worshipers remember that we're there to
worship, too, and don't particularly enjoy discussing the channel cat bill in between
hymns, and also we would prefer not to be lobbied from the pulpit.
We do expect to have contact with constituents over some hot issues and cold
eggs, and maybe a radio program, but help us to find some time to spend with family.
O God, bring us back refreshed, rested and renewed.
I pray in the Name of Christ,
AMEN
GUESTS
Senator Oleen rose on a point of personal privilege to introduce All-American K-State
senior, Martin Gramatica.
Among the many achievements Martin has accomplished during his college career as
place-kicker for the Kansas State football team are: finalists for the 1998 Lou Groza
Collegiate Place Kicker award, All America and Mosi Tatupu Award; was the 1998 First-
team All America selection by Walter Camp Foundation and AFCA; 1998 First-team All-
Big 12 selection; second- team All-America pick by Associated Press. He was the 1997
winner of the Lou Groza Collegiate Place-Kicker Award. He led the big 12 Conference,
and was sixth in the nation, in field goals; ranked third in the nation in scoring (leader among
kickers), and set the NCAA season record for scoring by a kicker with 135 points in 1998.
The Senators welcomed Martin, his father William, mother, Laura and brothers Bill and
Santiago.
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 10, by Senator Laurie Bleeker: a petition supporting the Landwehr Teacher/Parent
Education Tax Credit proposal of dollar for dollar tax credit for personal money spent on
instructional materials, equipment or supplies up to $500 per year and parent tax credits of
25% of what parents spend over $250 for school fees (excluding tuition), books, supplies,
tutoring, computer hardware or software toward the education of their child up to $500 per
year; signed by Mary Vanlandingham and 137 other citizens of Kansas.
SP 11, by Senator Laurie Bleeker: a petition opposing SB 8, Special education services
for children attending private schools, signed by Alberta A. Schwartz and 136 other citizens
of Kansas.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: HB 2166.
Public Health and Welfare: SB 350.
Utilities: Sub HB 2322.
FINAL ACTION ON CONSENT CALENDAR
HB 2086, 2088, 2104, 2254, 2296 having appeared on the Consent Calendar for the
required two full legislative days without objection from any member were considered on
final action.
HB 2086, An act concerning cosmetologists; relating to qualifications for licensure by
examination; amending K.S.A. 1998 Supp. 65-1905 and repealing the existing section.
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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2088, An act concerning sickness and accident insurance covering groups of persons;
relating to conversion of such policies; amending K.S.A. 1998 Supp. 40-2209 and repealing
the existing section.
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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2104, An act concerning controlled shooting areas; amending K.S.A. 32-943 and
repealing the existing section.
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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2254, An act concerning dental hygienists; refresher courses; examinations; amending
K.S.A. 65-1455 and K.S.A. 1998 Supp. 65-1431 and repealing the existing sections.
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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2296, An act relating to trust companies; concerning contracting trustee; amending
K.S.A. 1998 Supp. 9-2107 and repealing the existing section.
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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
SB 157, An act creating the wildlife and parks nonrestricted fund, 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, Clark, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Salmans, Tyson.
Absent or not voting: Corbin.
The bill passed.
SB 226, An act relating to property taxation; requiring certain actions relating to the
levying thereof, 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, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert,
Feleciano, Gooch, Goodwin, Hardenburger, 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: Biggs, Gilstrap.
Absent or not voting: Corbin.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I vote yes on SB 226 with reservations.
I agree with the intent of this bill. It is very important that the public has the right to
know whenever local government wants to reap a windfall due to higher valuations. But,
the public should also have the right to protest petitions whenever local government decides
to reap that windfall.--Anthony Hensley
Senators Harrington and Petty request the record to show they concur with the
``Explanation of Vote'' offered by Senator Hensley on SB 226.
Mr. President: SB 226 has been presented to the Senate as ``Truth in Property
Taxation.'' The bill should also be known as ``Hypocrisy in Action.'' For while this body has
chosen in SB 226 to require ``Truth in Taxation'' of every county, city, township, cemetery
district, sewer district, library district, fire district, hospital district, drainage district,
watershed district, airport authority, special improvement district, ambulance district,
community building district, industrial district, irrigation district, lighting district, township
zoning district, and transit authority and nearly every other governmental unit in the state
of Kansas, we have specifically excluded, purposely, the Legislature from this common
sensical requirement. That is the ultimate in hypocrisy, Mr. President. It is wrong to set
rules for others to live under that we are unwilling to lay upon ourselves and that is why I
voted for an amendment yesterday to shine the light of truth upon our Legislature. But even
given the duplicity of this bill, I will reluctantly vote to send this measure forward, with the
hopes that hypocrisy will not prevail in the House.--Tim Huelskamp
Senators Clark and Tyson request the record to show they concur with the ``Explanation
of Vote'' offered by Senator Huelskamp on SB 226 .
HB 2046, An act concerning school districts; relating to transportation of nonresident
pupils; amending K.S.A. 1998 Supp. 72-1046b, 72-8303 and 72-8309 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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed, as amended.
HB 2073, An act concerning cities and counties; relating to storm drainage
improvements; amending K.S.A. 12-631r and 12-631s 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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2109, An act concerning motor vehicle insurance; relating to accident prevention
courses; amending K.S.A. 40-1112a 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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HB 2117, An act concerning the optometry law; amending K.S.A. 65-1509, 65-1509a,
65-1516 and 65-1524 and K.S.A. 1998 Supp. 65-1501, 65-1501a, 65-1505, 65-1522 and 74-
1505 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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The bill passed.
HCR 5015, A CONCURRENT RESOLUTION memorializing the Congress of the
United States to rescind provisions of the Balanced Budget Act of 1997 related to an interim
payment system for medicare home health services, 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, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, 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: Corbin.
The resolution was adopted.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Steineger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1833--
A RESOLUTION congratulating and commending the four bodies of the Scottish Rite
Bodies in the Valley of Northeast Kansas on their centennial years.
WHEREAS, The years 1998, 1999, 2000 and 2001 commemorate the centennial years
of the four bodies of the Scottish Rite Bodies in the Valley of Northeast Kansas in the Orient
of Kansas; and
WHEREAS, The Scottish Rite Bodies in the Valley of Northeast Kansas were chartered
by the Supreme Council (Mother Council of the World) of the Inspectors Generals of the
House of the Temple of Solomon of the Thirty-third degree of the Ancient and Accepted
Scottish Rite of Free Masonry of the United States of America; and
WHEREAS, The Valley of Northeast Kansas is invested with full power and authority
to assemble upon proper and lawful occasion to confer and admit members, and also to do
and perform all and every such act and thing appertaining to the craft as has been and ought
to be done for the honor and advantage thereof; and
WHEREAS, Over the years of the 20th century the Scottish Rite Bodies of Northeast
Kansas have faithfully pursued the mission to maximize their service to humanity and have
as its ultimate goal the guarantee of equal rights to all people: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Scottish Rite Bodies of
Northeast Kansas be congratulated and commended on their centennial; and
Be it further resolved: That the Secretary of the Senate be directed to send enrolled
copies of this resolution to the following at the Scottish Rite Bodies, 6025 Lamar, Suite 205,
Shawnee Mission, Kansas 66202: Thomas C. Raum, Jr., 33rd degree, Sovereign Grand
Inspector General of the Supreme Council of Ancient and Accepted Scottish Rite of
Freemasonry for the Southern Jurisdiction, USA, in the Orient of Kansas; Forrest D.
Haggard, 33rd degree, G.C. Personal Representative of the Sovereign Grand Inspector
General in Kansas; John E. Mowen, 33rd degree, Assistant Personal Representative of the
Sovereign Inspector General in Kansas and Robert L. Tomlinson, Jr., 33rd degree, Executive
Secretary.
On emergency motion of Senator Steineger SR 1833 was adopted unanimously.
Senators Becker and Brownlee introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1834--
A RESOLUTION congratulating and commending Captain William Hoggatt.
WHEREAS, Captain William Hoggatt, a member of the Olathe Fire Department, is
retiring on April 10, 1999, after more than 33 years of service; and
WHEREAS, Captain Hoggatt's ``can do'' attitude and willingness to be involved for more
than 33 years evidence his sense of duty and involvement in the activities of the department;
and
WHEREAS, By his high standards of work performance and the work ethic he applied
to the job, Captain Hoggatt has provided a legacy for others to emulate; and
WHEREAS, Captain Hoggatt will be greatly missed by fellow firefighters of the Olathe
Fire Department: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Captain William Hoggatt upon his retirement from the Olathe Fire Department and wish
him well in his postretirement activities; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Sharon Fricke-Padgett, Bill Hoggatt Retirement
Committee Member and Treasurer, P.O. Box 768, Olathe, Kansas 66051-0768.
On emergency motion of Senator Becker SR 1834 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2056, as amended by House Committee,
be passed.
Also HB 2050 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 Public Health and Welfare recommends HCR 5014, as amended by
House Committee, be adopted.
REPORT ON ENGROSSED BILLS
SB 226 reported correctly engrossed March 11, 1999.
REPORT ON ENROLLED BILLS
SB 32, 33, 34, 35, 36, 37 reported correctly enrolled, properly signed and presented to
the Governor on March 12, 1999.
SR 1832 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 12, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, March 15,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.