March 17, 1999
Journal of the Senate
FORTY-SIXTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, March 17, 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, the Most Reverend James Patrick Keleher,
Metropolitan Archbishop of Kansas City, Kansas, who delivered remarks and the invocation:
Your invitation is much appreciated. Today we celebrate the Feast of St. Patrick
who was a missionary bishop to the Irish. Because of his zeal and deep convictions
he changed the face and faith of that Emerald Isle where first he came as a captured
slave and then freely returned as God's Gospel minister.
When you look at the great countries of the world this little bit of Ireland surely
seems small. And yet what a wonder one man has wrought and what a deep and
lasting impact he has left upon a culture once steeped in paganism.
Again, isn't it amazing that after almost 1500 years this holy man is still honored
on this day, March 17th, the day he finished his work and went to the Lord.
When you and I listen to the evening news we are often overwhelmed by the
tragedies that are reported, the violence that is so widespread, the economic
hardships of so many of the poor around the globe. We are equally disturbed because
we ask ourselves whatever can we do to alleviate the situations. If we are honest, we
must admit not much.
But what Patrick reminds us of is something very important--he who spent his
life on the Emerald Isle; he who dedicated himself to the people of one tiny nation--
he reminds us that we are called to do much the same in the real world in which we
live; in that everyday world which the Lord has given us as our home. Indeed our
world, the world that we can impact is the great State of Kansas. For it is here in
this very chamber, in the Senate districts you represent, in the public meetings you
call, in the dialogue of your innumerable Senate committee and subcommittee
meetings-here it is where you can and should have significant and lasting impact.
Dear Lord, Heavenly Father, grant to these distinguished members of the Senate
of Kansas that they will never lose heart but will continue to look to the common
good of our great State and to the welfare of our citizens. Encourage them that it is
here where they will do something beautiful for God and for our Heartland State.
And may they believe that the good they do will not only bless this State but will be
felt in many other places around our nation and our world.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Assessment and Taxation: HB 2037.
Commerce: SB 353.
Elections and Local Government: SCR 1614.
Judiciary: HB 2440.
Ways and Means: SB 354.
MESSAGE FROM THE GOVERNOR
SB 32, 33, 34, 35, 36, 37 approved on March 16, 1999.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2146, 2226.
Also, passage of SB 22, 74, 75.
Also, passage of SB 65, as amended; SB 70, as amended by House Substitute SB
70; SB 88, as amended, SB 89, as amended, SB 246, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2146, 2226 were thereupon introduced and read by title.
FINAL ACTION ON CONSENT CALENDAR
HB 2050, 2094, 2205, having appeared on the Consent Calendar for the required two
full legislative days without objection from any member, were considered on final action.
HB 2050, An act concerning employment; relating to reports concerning newly hired
employees; amending K.S.A. 1998 Supp. 75-5742 and 75-5743 and repealing the existing
sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
HB 2094, An act relating to motor vehicles; concerning certain fees for license plates for
United States military veterans; amending K.S.A. 1998 Supp. 8-1,141 and repealing the
existing section.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
HB 2205, An act concerning land surveys and land surveyors; amending K.S.A. 58-2003,
58-2005 and 58-2011 and repealing the existing sections; also repealing K.S.A. 19-1401.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
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, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
SB 232, An act establishing a task force on long-term care services to study services
provided by the public and private sector to citizens of the state and laws and rules and
regulations relating to such services, was considered on final action.
On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Brownlee, Clark, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Steffes, Steineger,
Stephens, Tyson, Umbarger.
Nays: Bond, Corbin, Donovan, Emert, Lawrence, Salisbury, Salmans, Vidricksen, Vratil.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President, I vote NO on SB 232, a bill that would continue a 16-member task
force on long-term care services. I certainly support the intended efforts; however, presently
there are numerous departments and agencies addressing these concerns. The Department
of Aging is going through a complete restructuring to address these specific problems; we've
already funded the Area Agencies on Aging across the state which is a state-wide system
made up of ten regions; a state-wide group on Alzheimer's disease, which is mentioned in
the bill, is networking together and raising money for this purpose; we have a Health Care
Oversight committee which has functioned for two years and addresses long-term care
service as one of its issues, and many of us in the legislature are funded to attend national
conferences on this topic. The concerns addressed in this bill are being taking care of without
the need for another task force.--Tim Emert
Senators Lawrence, Salisbury, Salmans and Vratil request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Emert on SB 232.
SB 291, An act relating to the Kansas health insurance association; creating a reinsurance
program for medical supplement policies issued to persons eligible for medicare ; prohibiting
denial of coverage to such persons; amending K.S.A. 1998 Supp. 40-2118, 40-2119, 40-2121
and 40-2221 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed, as amended.
SB 324, An act concerning the university of Kansas hospital authority; relating to
employee benefit plans; concerning retirement annuities; amending K.S.A. 75-5542 and
K.S.A. 1998 Supp. 76-3311, 76-3317, 76-3321 and 76-3322 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed, as amended.
SB 338, An act concerning government projects; procedures, reviews and exemptions;
procedures and requirements for contracts, projects and donations for renovation,
reconstruction, repair and other improvements of the statehouse, governor's residence and
Hiram Price Dillon house; establishing the state facilities gift fund; amending K.S.A. 75-
2724 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 26, nays 13, present and passing 1; absent or not voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Downey, Emert, Gooch, Goodwin,
Jones, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Clark, Donovan, Gilstrap, Hardenburger, Harrington, Hensley,
Huelskamp, Jordan, Lee, Pugh, Salmans, Tyson.
Present and passing: Feleciano.
The bill passed, as amended.
HB 2090, An act concerning accident and health insurance; relating to small employer
health benefit plans; amending K.S.A. 40-2239, 40-2240, 40-2242 and 40-2246 and K.S.A.
1998 Supp. 40-2241 and repealing the existing sections; also repealing K.S.A. 40-2244 and
40-2245, was considered on final action.
On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Emert, Ranson, Salisbury.
The bill passed, as amended.
HB 2214, An act concerning the Kansas board of examiners in fitting and dispensing of
hearing aids; amending K.S.A. 74-5810a and K.S.A. 1998 Supp. 74-5811, 74-5818 and 74-
5824 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp, Salmans.
The bill passed, as amended.
HB 2230, An act authorizing the secretary of the department of social and rehabilitation
services to convey certain land, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed, as amended.
HB 2280, An act concerning change of domicile of mutual holding companies; amending
K.S.A. 1998 Supp. 40-2,162 and repealing the existing section; also repealing K.S.A. 1998
Supp. 40-2,162a, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
HB 2321, An act concerning contagious or infectious diseases among domestic animals;
amending K.S.A. 1998 Supp. 47-635 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
HB 2429, An act concerning counties; relating to the establishment of a charter
commission; relating to the preparation and submission of charters; amending K.S.A. 19-
2681, 19-2682, 19-2684 and 19-2685 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, 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.
The bill passed.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends Substitute for HB 2076, as amended by House
Committee of the Whole, be passed.
Also, HB 2446, as amended by House Committee; HB 2161, as amended by House
Committee, be passed and, because the committee is of the opinion that the bills are of a
noncontroversial nature, be placed on the consent calendar.
Committee on Education recommends hb 2062 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 Elections and Local Government recommends SB 351 be passed.
Also HB 2337, as amended by House Committee of the Whole, 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 Energy and Natural Resources recommends HB 2105 be amended on
page 1, in line 40, by striking ``Violation'' and inserting ``Except as provided by subsection
(f), violation'';
On page 2, after line 2, by inserting:
``(f) Subsection (e) shall not apply to or affect a person less than 21 years of age who
submits to a breath or blood alcohol test requested pursuant to K.S.A. 32-1132 and
amendments thereto and produces a test result of an alcohol concentration of .02 or greater
but less than .08. Such person's boating privileges upon the first occurrence shall be
suspended for 30 days and upon a second or subsequent occurrence shall be suspended for
90 days.'';
Also on page 2, in line 3, by striking ``(f)'' and inserting ``(g)''; and the bill be passed as
amended.
Also recommends HB 2492, as amended by House Committee, be amended on page 4,
in line 11, after ``forces'' by inserting ``, and any member of the immediate family of such
person who is domiciled with such person,'';
In the title, in line 10, by striking ``lifetime furharvester license'' and inserting ``certain
licenses, permits, stamps and other issues of the department''; and the bill be passed as
amended.
Committee on Transportation and Tourism recommends SB 346 be passed.
Also recommends HB 2035, as amended by House Committee, be amended on page 3,
in line 8, by striking all after the period; by striking all of lines 9 and 10; and the bill be
passed as amended.
The Committee on Ways and Means recommends SB 40 be amended on page 2, in
line 35, by striking ``July 1, 1998'' and inserting ``January 8, 2001''; by striking all in line 37;
in line 38, by striking ``or''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 291 reported correctly engrossed March 16, 1999.
SB 232, 324, 338 reported correctly engrossed March 17, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 18,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.