March 30, 1999
Journal of the Senate
FIFTY-FIFTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Tuesday, March 30, 1999--9:00 a.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, Rev. David Bycroft, Tyro Christian Church,
Tyro, Kansas, who delivered the invocation:
We thank you God for this great nation and state of Kansas where we can live
our lives without constantly having someone controlling our every move and thought.
Thank you for the leadership abilities you have given each of these Senators
and supporting staff. Use each one of them to bring about Your will for the lives of
the people of Kansas.
God, you see all that happens. Though you have given us free will to choose
what we would do, You and You alone know exactly what needs to happen to benefit
the lives of the people of our state.
Help all of us, but especially these elected leaders to have the wisdom to know
what needs to stop, and what needs to start, in the way of programs and legislation,
which affects the daily lives of the Kansas population.
Help us remember that your constant presence and help are there for us when
we choose to seek it.
In Jesus' Name,
Amen
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 357, An act concerning abortion; amending K.S.A. 1998 Supp. 65-6701, 65-6703, 65-
6712 and 65-6721 and repealing the existing sections, by Committee on Federal and State
Affairs.
CHANGE OF REFERENCE
The President withdrew HB 2357 from the Committee on Ways and Means, and
returned the bill to the calendar under the heading of General Orders.
MESSAGE FROM THE GOVERNOR
SB 22, 74, 75, 338 approved on March 29, 1999.
MESSAGE FROM THE HOUSE
Announcing, the House nonconcurs in Senate amendments to HB 2033, requests as
conference and has appointed Representatives Boston, Henry and Gilmore as conferees on
the part of the House.
The House nonconcurs in Senate amendments to HB 2145, requests a conference and
has appointed Representatives Freeborn, Ray and Flora as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 11 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 12 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 45 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 47 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 78 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 97 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 124 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 130 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 132 and has
appointed Representatives Freeborn, Ray and Tedder as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 150 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 205 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 207 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 220 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 291 and has
appointed Representatives Tomlinson, Myers and Phelps as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 324 and has
appointed Representatives Wilk, Horst and Sharp as conferees on the part of the House.
Announcing, the House nonconcurs in Senate amendments to HB 2015, requests a
conference and has appointed Representatives Tomlinson, Myers and Phelps as conferees
on the part of the House.
The House nonconcurs in Senate amendments to HB 2065, requests a conference and
has appointed Representatives Neufeld, O'Neal and Klein as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2101, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2136, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2150, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2191, requests a conference and
has appointed Representatives Tanner, Empson and Helgerson as conferees on the part of
the House.
The House accedes to the request of the Senate for a conference on SB 3 and has
appointed Representatives Tomlinson, Empson and Kirk as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 38 and has
appointed Representatives Tanner, Empson and Helgerson as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 107 and has
appointed Representatives Tanner, Empson and Helgerson as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 181 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on House Substitute
for SB 306 and has appointed Representatives O'Neal, Carmody and Pauls as conferees
on the part of the House.
The House accedes to the request of the Senate for a conference on House Substitute
for SB 287 and has appointed Representatives Freeborn, Aurand and McClure as conferees
on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1847--
A RESOLUTION congratulating and commending Josh Barcus.
WHEREAS, Clearwater native Josh Barcus was recently named to three All-American
football teams; and
WHEREAS, As the record setting placekicker for the Pittsburg State Gorillas football
team, Josh Barcus was named a second team All-American by the Associated Press, the
Football Gazette and Daktronics Inc; and
WHEREAS, Josh Barcus finished his career as the Division II all-time kick-scoring leader
with 217 points, averaging 6.78 points per game. The total also makes Josh Barcus the all-
time kick-scoring leader in his conference, the Mid-America Intercollegiate Athletic
Association. This season, Josh Barcus placed third in Division II in field goals per game
(1.6) and second in field goal percentage, hitting 16 of 20 for .800%; and
WHEREAS, Josh is the son of Richard and Kathy Barcus of Clearwater: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Josh Barcus for his place kicking records at Pittsburg State University and being named to
three All-American football teams; and
Be it further resolved: That the Secretary of the Senate be directed to provide two
enrolled copies of this resolution to Mr. and Mrs. Richard Barcus, 344 S. Lee, Clearwater,
Kansas 67026.
On emergency motion of Senator Harrington SR 1847 was adopted unanimously.
ORIGINAL MOTION
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2015.
The President appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.
On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2033.
The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.
On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on HB 2065.
The President appointed Senators Kerr, Morris and Petty as conferees on the part of the
Senate.
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2101.
The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2136.
The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.
On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2145.
The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2150.
The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.
On motion of Senator Lawrence, the Senate acceded to the request of the House for a
conference on HB 2191.
The President appointed Senators Lawrence, Umbarger and Downey as conferees on the
part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Judiciary recommends SB 355 be passed.
Committee on Public Health and Welfare recommends SCR 1612 be adopted.
REPORT ON ENROLLED BILLS
SB 338 reported correctly enrolled, properly signed and presented to the Governor on
March 29, 1999.
SR 1842, 1843, 1844, 1845 reported correctly enrolled, properly signed and presented
to the Secretary of the Senate on March 29, 1999.
SB 43, 81, 93, 121, 135 reported correctly enrolled, properly signed and presented to
the Governor on March 30, 1999.
SR 1846 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 30, 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
Donovan in the chair.
On motion of Senator Donovan the following report for the morning session was adopted:
Recommended that HB 2197 be passed.
SB 347 be amended by motion of Senator Emert on page 1, line 36, by striking all after
the word ``board'', and by striking lines 37 and 38, and the bill be passed as amended.
HB 2166 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Salisbury on page 19, line 5, following the word
``contamination'' by striking the words ``on the federal enclave'' and substituting in lieu
thereof ``of such land'', and discussion on the bill be continued in the afternoon.
On motion of Senator Emert, the Senate recessed until 2:00 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 358, An act concerning the Kansas public employees retirement system and systems
thereunder; relating to cost-of-living adjustments; employer contribution rates; amending
K.S.A. 20-2605 and K.S.A. 1998 Supp. 74-4920 and 74-4967 and repealing the existing
sections, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Ways and Means: SB 358.
CHANGE OF REFERENCE
The President withdrew Sub HB 2322 from the Committee on Ways and Means and
returned the bill to the calendar under the heading of General Orders.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2500, 2553.
Also, passage of SB 19, as amended.
The House concurs in Senate amendments to HB 2146.
The House concurs in Senate amendments to HB 2221.
The House concurs in Senate amendments to HCR 5017.
The House nonconcurs in Senate amendments to HB 2074, requests a conference and
has appointed Representatives Boston, Geringer and Storm as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2168, requests a conference and
has appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.
The House adopts the Conference Committee Report to agree to disagree on SB 38 and
has appointed Representatives Tanner, Empson and Helgerson as second conferees on the
part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2500, 2553 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Salisbury moved the Senate Concur in house amendments to SB 76.
SB 76, An act concerning the preservation of historic theaters; amending K.S.A. 1998
Supp. 12-1770, 12-1771 and 12-1774 and repealing the existing sections.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Clark, Huelskamp, Pugh, Tyson.
The Senate concurred.
Senator Emert moved the Senate Concur in house amendments to SB 89.
SB 89, An act repealing K.S.A. 7-104, 7-106, 7-107, 7-111 and 7-121 and 19-819;
concerning attorneys and sheriffs and deputies; relating to practice of law.
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 Senate concurred.
Senator Praeger moved the Senate Concur in house amendments to SB 110.
SB 110, An act concerning the board of nursing; relating to exempt licenses; amending
K.S.A. 1998 Supp. 65-1115, 65-1116, 65-1118, 65-1131, 65-4203 and 65-4208 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 Senate concurred.
Senator Praeger moved the Senate Concur in house amendments to SB 126.
SB 126, An act establishing the quality enhancement wage pass-through program for
nursing facilities.
On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Huelskamp, Jordan, Kerr, Pugh, Tyson.
The Senate concurred.
Senator Emert moved the Senate Concur in house amendments to SB 130.
SB 130, An act enacting the revised Kansas trademark act; repealing K.S.A. 81-111
through 81-123.
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 Senate concurred.
Senator Steffes moved the Senate Concur in house amendments to SB 151.
SB 151, An act concerning insurance companies; relating to viatical settlements; repealing
K.S.A. 40-2,140, 40-2,141, 40-2,142, 40-2,143, 40-2,144, 40-2,145, 40-2,146, 40-2,147, 40-
2,148, 40-2,149, 40-2,150, 40-2,151 and 40-2,152.
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 Senate concurred.
Senator Steffes moved the Senate Concur in house amendments to SB 152.
SB 152, An act relating to insurance; concerning licensing requirements for insurance
agents; amending K.S.A. 40-241c, 40-241j, 40-3707 and 40-3711 and K.S.A. 1998 Supp. 40-
240, 40-240f, 40-241, 40-241i, 40-246 and 40-3706 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 Senate concurred.
Senator Ranson moved the Senate Concur in house amendments to SB 186.
SB 186, An act concerning school districts; exempting purchases of natural gas from
sealed bid requirements; authorizing payment of certain claims in advance of approval;
amending K.S.A. 72-6760 and K.S.A. 1998 Supp. 12-105b 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 Senate concurred.
Senator Steffes moved the Senate Concur in house amendments to SB 291.
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.
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 Senate concurred.
On motion of Senator Oleen the Senate nonconcurred in the House amendments to
SB 19 and requested a conference committee be appointed.
The President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.
ORIGINAL MOTION
On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2074.
The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.
On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2168.
The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 38, submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;
And your committee on conference recommends the adoption of this report.
Ralph M. Tanner
Cindy Empson
Henry Helgerson
Barbara Lawrence
Dwayne Umbarger
Christine Downey
On motion of Senator Lawrence, the Senate adopted the Conference Committee Report
on SB 38, and requested a new conference committee be appointed.
The President appointed Senators Lawrence, Umbarger and Downey as a second
conference committee on the part of the Senate on SB 38.
REPORTS OF STANDING COMMITTEES
Committee on Ways and Means recommends SB 326 be amended on page 1, in line
26, by striking ``97 and 98'' and inserting ``93 through 99''; following line 26, by inserting
the following material to read as follows:
``(c) For the fiscal years ending June 30, 2003, and June 30, 2004, appropriations are
hereby made, restrictions and limitations are hereby imposed, and transfers, capital
improvement projects, fees, receipts, disbursements and acts incidental to the foregoing are
hereby directed or authorized as provided in section 90 of this act.'';
And by redesignating subsections accordingly;
On page 2, by striking all in line 39, and inserting ``Board of barbering fee fund'';
On page 3, in line 19, by striking ``$1,660,429'' and inserting ``$1,918,649''; in line 25, by
striking ``$1,654,921'' and inserting ``$1,863,141''; in line 39, by striking ``$693,859'' and
inserting ``$693,879'';
On page 6, in line 37, by striking ``$196,673'' and inserting ``$197,953'';
On page 9, in line 30, by striking ``17.5'' and inserting ``16.5''; in line 31, by striking ``17.5''
and inserting ``16.5'';
On page 12, in line 10, following ``department'' by inserting ``- operations''; in line 20, by
striking ``$11,556,411'' and inserting ``$12,056,411'';
On page 13, in line 37, by striking ``$1,526,711'' and inserting ``$1,566,913'';
On page 15, in line 34, by striking ``$81,500'' and inserting ``$56,138''; in line 38, by striking
``$739,887'' and inserting ``$70,105'';
On page 16, in line 11, by striking ``Attorneys'' and inserting ``Attorney''; in line 30, by
striking ``$2,278,297'' and inserting ``$278,297'';
On page 17, following line 39, by inserting new material to read as follows:
| ``Suspense fund | No limit''; |
On page 18, in line 9, by striking ``$2,086,754'' and inserting ``$2,293,601'';
On page 19, in line 5, by striking ``$1,528,816'' and inserting ``$1,726,816'';
On page 22, in line 19, by striking all after ``Provided,''; by striking all in line 20; in line
21, by striking ``vided further,''; in line 23, by striking ``And provided'' and inserting
``Provided''; following line 29, by inserting the following material to read as follows:
``(c) On June 30, 2000, the director of accounts and reports shall transfer the amount of
any unencumbered balance in the publications fee fund as of June 30, 2000, in excess of
$175,000 from the publications fee fund to the state general fund.'';
Also on page 22, in line 34, by striking ``$12,206,991'' and inserting ``$12,256,991'';
On page 23, in line 28, by striking ``$75,751,685'' and inserting ``$75,779,060'';
On page 24, in line 4, preceding the period, by inserting the following material to read
as follows: ``: And provided further, That, in the discretion of the supreme court,
expenditures shall be made from the judiciary operations account for an additional amount
of compensation for fiscal year 2000 for the chief justice of the supreme court in an amount
for the chief justice equal to a percentage of the annual salary of the chief justice that is
payable to the chief justice for fiscal year 1999, adjusted to the nearest $.01: And provided
further, That expenditures from the judiciary operations account for such additional amount
of compensation for the chief justice shall be made in substantially equal amounts in the
same manner and at the same times that compensation is payable to the chief justice, in
accordance with K.S.A. 75-3120f and amendments thereto, each payroll period chargeable
to fiscal year 2000: And provided further, That, in the discretion of the supreme court,
expenditures shall be made from the judiciary operations account for an additional amount
of compensation for fiscal year 2000 for each justice of the supreme court, other than the
chief justice, in an amount for each such justice equal to a percentage of the annual salary
of such justice that is payable to such justice for fiscal year 1999, adjusted to the nearest
$.01: And provided further, That expenditures from this account for such additional amount
of compensation for each justice of the supreme court, other than the chief justice, shall be
the same for each such justice and shall be made in substantially equal amounts in the same
manner and at the same times that compensation is payable to such justice, in accordance
with K.S.A. 75-3120f and amendments thereto, each payroll period chargeable to fiscal year
2000: And provided further, That, in the discretion of the supreme court, expenditures shall
be made from the judiciary operations account for an additional amount of compensation
for fiscal year 2000 for the chief judge of the court of appeals in an amount for such judge
equal to a percentage of the annual salary of such judge that is payable to such judge for
fiscal year 1999, adjusted to the nearest $.01: And provided further, That expenditures from
this account for such additional amount of compensation for the chief judge of the court of
appeals shall be made in substantially equal amounts in the same manner and at the same
times that compensation is payable to such judge, in accordance with K.S.A. 75-3120h and
amendments thereto, each payroll period chargeable to fiscal year 2000, and such additional
amount of compensation shall be deemed to be part of the annual salary of the chief judge
of the court of appeals for all purposes of the annual salary for any other public officer
whose compensation is fixed in accordance with the annual salary of the chief judge of the
court of appeals: And provided further, That, in the discretion of the supreme court,
expenditures shall be made from the judiciary operations account for an additional amount
of compensation for fiscal year 2000 for each judge of the court of appeals, other than the
chief judge, in an amount for each such judge equal to a percentage of the annual salary of
such judge that is payable to such judge for fiscal year 1999, adjusted to the nearest $.01:
And provided further, That expenditures from this account for such additional amount of
compensation for each judge of the court of appeals, other than the chief judge, shall be
the same for each such judge and shall be made in substantially equal amounts in the same
manner and at the same times that compensation is payable to such judge, in accordance
with K.S.A. 75-3120h and amendments thereto, each payroll period chargeable to fiscal year
2000, and such additional amount of compensation shall be deemed to be part of the annual
salary of such judges of the court of appeals for all purposes of the annual salary for any
other public officer whose compensation is fixed in accordance with the annual salary of
such judges of the court of appeals: And provided further, That, in the discretion of the
supreme court, expenditures may be made from the judiciary operations account for an
additional amount of compensation for fiscal year 2000 for each district judge who is
designated as administrative judge equal to a percentage of the annual salary of such
administrative district judge that is payable to such administrative district judge for fiscal
year 1999, adjusted to the nearest $.01: And provided further, That expenditures from this
account for such additional amount of compensation for each district judge who is
designated as administrative judge shall be the same for each such administrative district
judge and shall be made in substantially equal amounts in the same manner and at the same
times that compensation is payable to such administrative district judge, in accordance with
K.S.A. 75-3120g and amendments thereto, each payroll period chargeable to fiscal year
2000, and such additional amount of compensation shall be deemed to be part of the annual
salary of district judges who are designated as administrative judges for all purposes of the
annual salary for any other public officer whose compensation is fixed in accordance with
the annual salary of a district judge who is designated as administrative judge: And provided
further, That, in the discretion of the supreme court, expenditures may be made from the
judiciary operations account for an additional amount of compensation for fiscal year 2000
for each district judge who is not designated as administrative judge in an amount for each
such district judge equal to a percentage of the annual salary of such district judge that is
payable to such district judge for fiscal year 1999, adjusted to the nearest $.01: And provided
further, That expenditures from this account for such additional amount of compensation
for each district judge who is not designated as administrative judge shall be the same for
each such district judge and shall be made in substantially equal amounts in the same manner
and at the same times that compensation is payable to such district judge, in accordance
with K.S.A. 75-3120g and amendments thereto, each payroll period chargeable to fiscal year
2000, and such additional amount of compensation shall be deemed to be part of the annual
salary of such district judges for all purposes of the annual salary for any other public officer
whose compensation is fixed in accordance with the annual salary of such a district judge:
And provided further, That, in the discretion of the supreme court, expenditures may be
made from the judiciary operations account for an additional amount of compensation for
each district magistrate judge equal to a percentage of the annual salary of such district
magistrate judge that is payable to such district magistrate judge for fiscal year 1999, adjusted
to the nearest $.01: And provided further, That expenditures from this account for such
additional amount of compensation for each district magistrate judge shall be made in
substantially equal amounts in the same manner and at the same times that compensation
is payable to such district magistrate judge, in accordance with K.S.A. 75-3120k and
amendments thereto, each payroll period chargeable to fiscal year 2000: And provided
further, That the aggregate of all expenditures from the judiciary operations account for
such additional amounts of compensation for fiscal year 2000 for the chief justice and other
justices of the supreme court, the chief judge and other judges of the court of appeals,
district judges who are designated as administrative judges, district judges who are not
designated as administrative judges and district magistrate judges shall not exceed
$800,000'';
On page 25, in line 11, by striking ``$5,586,334'' and inserting ``$4,986,334''; in line 18,
preceding the period, by inserting ``: And provided further, That expenditures may be made
from the agency operations account for the purpose of paying bonus awards to unclassified
employees of the above agency pursuant to procedures established by the board of trustees
of the Kansas public employees retirement system: And provided further, That any
expenditures for such bonus awards shall be in addition to any expenditure limitation
imposed on the agency operations account for fiscal year 2000: And provided further, That
the total of any such expenditures from the agency operations account for bonus awards to
unclassified employees shall not exceed $75,000 for all such bonus awards'';
On page 26, in line 1, by striking ``$166,513'' and inserting ``$171,956'';
On page 28, by striking all in lines 4 through 7;
On page 29, in line 9, by striking ``$17,998,198'' and inserting ``$18,063,940'';
On page 41, by striking all in lines 10 through 20; in line 35, by striking ``$31,951,780''
and inserting ``$32,051,780'';
On page 44, in line 15, by striking ``$2,975,000'' and inserting ``$4,532,000'';
On page 45, in line 38, by striking ``31%'' and inserting ``30%'';
On page 46, following line 37, by inserting new material to read as follows:
``(c) On July 1, 1999, the director of accounts and reports shall transfer $65,982 from the
horse fair racing benefit fund to the state racing fund for the purpose of reimbursing costs
of salaries for employees of the above agency who worked at race track facilities, as defined
in K.S.A. 1998 Supp. 74-8802, and amendments thereto, during county fairs.'';
And by relettering subsections accordingly;
On page 50, in line 42, by striking ``$13,105,900'' and inserting ``$14,239,004'';
On page 51, following line 42, by inserting the following material to read as follows:
| ``Motion picture and television sales tax reimbursement | $75,000 |
Provided, That all expenditures from the motion picture and television production sales tax
reimbursements subaccount of the Kansas economic development endowment account shall
be made to reimburse sales and use taxes paid on sales of tangible personal property
purchases by or on behalf of a motion picture or television production company to be used
or consumed in association with an eligible production in accordance with administrative
policies and procedures adopted by the secretary of commerce and housing, including any
necessary forms: Provided, however, That all reimbursements from this subaccount shall be
based on valid receipts for taxes paid for taxable transactions occurring on or after July 1,
1999: Provided further, That, as used in this proviso, eligible production includes feature-
length motion pictures intended for theatrical release or for exhibition on national television
by a network or through national syndication, television projects for broadcast on a network
or through national syndication, direct video and compact disc projects and television
commercials.'';
Also on page 51, in line 43, by striking ``$300,000'' and inserting ``$200,000'';
On page 53, in line 39, by striking ``$169,563'' and inserting ``$189,563'';
On page 54, in line 8, by striking ``$169,563'' and inserting ``$189,563''; in line 10, by
striking ``$169,563'' and inserting ``$189,563''; following line 13, by inserting new material
as follows:
``(e) In addition to the other purposes for which expenditures may be made by the above
agency from the EDIF fund for fiscal year 2000, as authorized by this or other appropriation
act of the 1999 regular session of the legislature, expenditures may be made by the above
agency for fiscal year 2000 from the unencumbered balance as of June 30, 1999, in each
existing account of the EDIF fund, other than the Kansas export data base study account
and the annual survey of Kansas manufacturers account: Provided, That expenditures from
the unencumbered balance of any such existing account, other than the Kansas export data
base study account and the annual survey of Kansas manufacturers account, shall not exceed
the amount of the unencumbered balance in such account on June 30, 1999: Provided
further, That all expenditures from the unencumbered balance of any such account, other
than the Kansas export data base study account and the annual survey of Kansas
manufacturers account, shall be in addition to any expenditure limitation imposed on the
EDIF fund for fiscal year 2000.'';
Also on page 54, in line 20, by striking ``$13,460,313'' and inserting ``$13,951,457''; in line
35, by striking ``$13,460,313'' and inserting ``$13,951,457'';
On page 55, in line 29, by striking ``$1,810,069'' and inserting ``$1,815,069'';
On page 56, in line 5, by striking ``$392,385'' and inserting ``$450,000'';
On page 57, in line 6, by striking ``$136,500'' and inserting ``$175,000''; in line 20, by
striking ``$1,212,010'' and inserting ``$1,255,627''; following line 28, by inserting the following
material to be read as follows:
| ``Operating expenditures-Persian Gulf War health initiative program | $50,000 |
Provided, That any unencumbered balance in the operating expenditures-Persian Gulf War
health initiative program account in excess of $100 as of June 30, 1999, is hereby
reappropriated for fiscal year 2000.'';
On page 58, in line 16, by striking ``$4,596,594'' and inserting ``$4,618,918''; in line 38,
by striking ``$1,470,840'' and inserting ``$1,520,840'';
On page 59, following line 15, by inserting the following material to read as follows:
| ``Immunization programs | $500,000 |
Provided, That all expenditures from the immunization programs account shall be for the
purpose of providing expanded immunization services at local health departments.'';
Also on page 59, in line 18, before the period, by inserting ``; infant and toddler program;
aid to local units; aid to local units-primary health projects; teen pregnancy prevention
activities; aid to local units-family planning''; also on page 59, in line 32, by striking ``$3,000''
and inserting ``No limit'';
On page 60, in line 11, by striking ``$744,340'' and inserting ``No limit''; in line 29, by
striking ``No limit'' and inserting ``$282,026'';
On page 61, in line 11, by striking ``$4,260,935'' and inserting ``$4,240,000''; in line 28,
by striking ``$645,204'' and inserting ``No limit'';
On page 64, in line 41, by striking ``$201,348'' and inserting ``$131,715'';
On page 67, by striking all of lines 18 through 22; in line 27, by striking ``$6,402,703'' and
inserting ``$6,432,703'';
Also on page 67, in line 38, before the period, by inserting the following material to read
as follows: ``: And provided further, That expenditures shall be made from this account for
a grant to a qualified entity for a senior legal hotline program on the basis that each $1 of
state funds from this account shall be matched by $1 of nonstate funds provided to the
entity awarded the grant: And provided further, That the amounts of any moneys
encumbered in this account as of June 30, 1999, for the senior care companion program at
Fort Hays state university or for the senior care companion program at Riverside Hospital
in Wichita, Kansas, are hereby reappropriated in this account for fiscal year 2000 and
expenditures may be made from such amounts from this account for such programs for
fiscal year 2000''; in line 39, by striking ``$9,765,093'' and inserting ``$9,777,593'';
On page 68, in line 15, by striking ``$37,500'' and inserting ``$50,000''; in line 21, by striking
``$117,040,422'' and inserting ``$117,540,422'';
On page 70, in line 21, by striking ``$158,143,178'' and inserting ``$158,263,178''; in line
42, before the period, by inserting: ``: Provided further, That any health maintenance
organization which contracts with the department of social and rehabilitation services to
provide managed care physical health benefits under the Health Wave Program and also
contracts with the department of social and rehabilitation services to provide managed care
physical health benefits under the Primae Care Program may be eligible for enhanced
funding under the Title XX1 program'';
On page 71, in line 3, by striking ``$42,576,919'' and inserting ``$48,491,919''; in line 5
before the period, by inserting ``: Provided, however, That any savings in the foster care
contracts due to caseload reduction may be expended from this account for the permanent
guardianship program in an amount of not to exceed $2,800,000''; in line 12, before the
period, by inserting ``: And provided further, That expenditures may be made from this
account by the secretary of social and rehabilitation services for the purchase of worker's
compensation insurance for consumers of vocational rehabilitation services and assessments
at work site and job tryout sites throughout the state''; following line 24, by inserting the
following material to read as follows:
``Any unencumbered balance in excess of $100 as of June 30, 1999, in the following account
is hereby reappropriated for fiscal year 2000: Permanent guardianship.'';
On page 77, following line 4, by inserting the following:
| ``Children's health care programs fund-family centered system of care | $962,167 |
Provided, That all expenditures by the above agency from the children's health care
programs fund for fiscal year 2000 from the children's health care programs fund-family
centered system of care account shall be in addition to any expenditure limitation imposed
on the children's health care programs fund for fiscal year 2000.'';
Also on page 77, in line 18, by striking ``$9,118,061'' and inserting ``$9,268,061'';
On page 78, in line 28, by striking ``$1,000,000'' and inserting ``$1,100,000''; by striking
all in lines 32 and 33 and inserting new material as follows:
| ``Technology equipment at community colleges and Washburnuniversity | $450,000 |
Provided, That the department of education is hereby authorized to make expenditures
from the technology equipment at community colleges and Washburn university account
for grants to community colleges and Washburn university pursuant to grant applications
for the purchase of technology equipment, in accordance with guidelines established by the
state board of education.'';
On page 82, in line 16, by striking ``$200,000'' and inserting ``$250,000''; in line 19, by
striking ``$2,226,786'' and inserting ``$2,239,286''; in line 37, preceding the period, by
inserting ``: Provided further, That all expenditures from this account shall be made in
accordance with the school district finance and quality performance act''; in line 43,
preceding the period, by inserting ``: Provided further, That all expenditures from this
account shall be made in accordance with the school district finance and quality performance
act'';
On page 83, by striking all in lines 1 through 5; in line 40, by striking ``$325,480'' and
inserting ``$375,480'';
On page 84, in line 6, by striking ``$1,202,938'' and inserting ``$1,302,938''; in line 30, by
striking ``$4,211,809'' and inserting ``$4,231,809'';
On page 85, in line 30, by striking ``$7,178,633'' and inserting ``$7,205,337'';
On page 86, in line 20, by striking ``$100,000'' and inserting ``$110,000'';
On page 90, in line 1, by striking ``of Kansas state university account'';
On page 100, in line 38, by striking ``$70'' and inserting ``$100'';
On page 104, in line 18, by striking ``$96,390,128'' and inserting ``$96,327,517'';
On page 106, by striking all in lines 19 through 24; in line 29, by striking ``$61,625,770''
and inserting ``$61,773,770''; in line 37, by striking ``$26,606,158'' and inserting
``$26,597,158'';
On page 108, in line 40, by striking ``$1,877,168'' and inserting ``$1,937,168'';
On page 109, in line 37, by striking ``$2,500,000'' and inserting ``$3,400,000''; in line 39,
by striking all following ``members''; in line 40, by striking ``time basis and''; also in line 40,
by striking all following the colon; by striking all in lines 41 and 42 and inserting: ``Provided
further, That the state board of regents is hereby authorized to transfer moneys from this
account to appropriate accounts of the state general fund of any institution under its
jurisdiction: And provided further, That the executive director of the state board of regents
shall certify each such transfer to the director of accounts and reports and shall transmit a
copy of each such certification to the division of the budget and the legislative research
department.'';
On page 112, in line 9, by striking ``$127,881,354'' and inserting ``$127,328,785''; in line
12, by striking ``$1,240,103'' and inserting ``$1,276,600'';
On page 114, in line 14, by striking ``$13,579,568'' and inserting ``$13,198,883''; in line
15, by striking ``$22,352,502'' and inserting ``$22,487,669''; in line 16, by striking
``$30,045,495'' and inserting ``$30,428,398''; in line 17, by striking ``$7,965,099'' and inserting
``$8,170,278''; in line 18, by striking ``$8,711,458'' and inserting ``$8,818,628''; in line 19, by
striking ``$10,968,636'' and inserting ``$11,176,432''; in line 20, by striking ``$16,335,623''
and inserting ``$16,404,053''; in line 21, by striking ``$6,796,514'' and inserting ``$6,796,514'';
in line 22, by striking ``$11,126,456'' and inserting ``$11,161,214'';
On page 115, in line 33, by striking ``$3,067,207'' and inserting ``$2,598,933'';
On page 116, following line 1, by inserting:
| ``Hazardous material program fund | $468,274 |
(b) (1) On July 1, 1999, the director of accounts and reports shall record a debit to the
state treasurer's receivables for the fire marshal fee fund and shall record a corresponding
credit to fire marshal fee fund in an amount equal to 95% of the amount credited to the
fire marshal fee fund during the fiscal year ending June 30, 1999, except that such amount
shall be proportionally adjusted with respect to such fund for any change in the tax levy rate
for such fund under K.S.A. 75- 1508 and amendments thereto for fiscal year 2000. All taxes
received by the state treasurer under K.S.A. 75-1508 and amendments thereto during fiscal
year 200 shall be deposited in the state treasury to the credit of the fire marshal fee fund
and shall reduce the amount debited and credited to the fire marshal fee fund under this
subsection.
(2) On June 30, 2000, the director of accounts and reports shall adjust the amounts debited
and credited to the state treasurer's receivables and to the fire marshal fee fund pursuant
to this subsection, to reflect the taxes actually received by the state treasurer and deposited
during fiscal year 2000 in the state treasury to the credit of the fire marshal fee fund.
(3) The director of accounts and reports shall notify the state treasurer of all amounts
debited and credited to the fire marshal fee fund pursuant to this subsection and all
reductions and adjustments thereto made pursuant to this subsection. The state treasurer
shall enter all such amounts debited and credited and shall make reductions and adjustments
thereto on the books and records kept and maintained for fire marshal fee fund by the state
treasurer in accordance with the notice thereof.
(c) On July 1, 1999, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $468,274 from the fire marshal fee fund to the hazardous material
program fund of the state fire marshal.'';
On page 117, in line 7, by striking ``fun'' and inserting ``fund''; in line 28, by striking
``$1,471,150'' and inserting ``No limit'';
On page 118, following line 23, by inserting:
``(i) On March 1, 2000, the director of accounts and reports shall transfer $1,200,000 from
the highway patrol motor vehicle fund of the Kansas highway patrol to the state general
fund.'';
Also on page 118, in line 28, by striking ``$12,162,081`` and inserting ``$12,280,743'';
On page 120, following line 36, by inserting the following:
| ``Purchase of services caseload increases | $2,000,000 |
| Purchase of services rate increases | $1,361,980 |
| Intervention and graduated sanctions grants | $1,381,292 |
Provided, That no expenditures shall be made from the intervention and graduated sanctions
grants account before January 1, 2000.'';
On page 123, in line 25, by striking ``$68,094'' and inserting ``$100,000'';
On page 124, in line 33, by striking ``$10,455,686'' and inserting ``$10,525,786'';
On page 125, in line 4, by striking ``Diary'' and inserting ``Dairy'';
On page 126, in line 8, by striking ``$481,301'' and inserting ``$581,301'';
On page 127, following line 2, by inserting the following:
| ``Computer services fund | No limit |
Provided, That all expenditures from the computer services fund shall be for contractual
services for technical computer and data processing services to be contracted by the Kansas
department of agriculture and to be provided to the Kansas department of agriculture, the
Kansas water office and the state conservation commission in accordance with an
interagency agreement which is hereby authorized and directed to be entered into by all of
such agencies for such contractual services.'';
Also on page 127, following line 10, by inserting the following:
``(e) On July 1, 1999, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer amounts which in the aggregate shall not exceed $6,700 from the
land reclamation fee fund of the state conservation commission to the computer services
fund of the Kansas department of agriculture.'';
Also on page 127, in line 15, by striking ``$633,397'' and inserting ``$642,697'';
On page 128, in line 3, by striking ``$2,000'' and inserting ``$5,000''; following line 4, by
inserting the following:
| ``EDIF-operating expenditures fund | $35,000''; |
Also on page 128, following line 6, by inserting the following:
``(d) On the effective date of this act, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $35,000 from the Kansas economic
development endowment account of the state economic development initiatives fund of the
department of commerce and housing to the EDIF-operating expenditures fund of the state
fair board.'';
Also on page 128, in line 13, by striking ``$3,194,731'' and inserting ``$3,894,731''; in line
18, preceding the period, by inserting: ``: And provided further, That expenditures made
from the Kansas wheat commission fund for the fiscal year ending June 30, 2000, shall not
exceed $3,181,463 except upon specific authorization by the state finance council acting on
this matter, which is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto,
after presentation to the state finance council of a new market plan for the Kansas wheat
commission that has been developed to increase the market share for Kansas wheat'';
Also on page 128, in line 23, by striking ``$603,091'' and inserting ``$605,899''; in line 32,
by striking ``$9,713,250'' and inserting ``$9,685,214'';
On page 129, in line 3, by striking ``$4,450,000'' and inserting ``$4,412,464''; in line 22,
by striking ``$1,023,250'' and inserting ``$1,032,750'';
On page 130, in line 3, by striking ``$8,919,017'' and inserting ``$8,890,981''; in line 34,
by striking ``$1,463,721'' and inserting ``$1,422,285'';
On page 131, in line 1, by striking ``$2,626,418'' and inserting ``$2,654,454''; in line 36,
after the colon by inserting ``Provided, however,'' That expenditures from such
reappropriated balance shall not exceed $46,389 except upon approval of the state finance
council:''; by striking all in lines 39 through 43;
On page 132, in line 5, ``$20,240,274'' and inserting ``$20,326,400''; in line 14, by striking
``$3,705,800'' and inserting ``$3,631,814''; in line 22, by striking ``$1,204,725'' and inserting
``$1,137,549''
On page 133, in line 5, by striking ``$2,000'' and inserting ``$0''; following line 10, by
inserting new material as follows:
| ``Land and water conservation fund - state | No limit |
| Land and water conservation fund - local | No limit''; |
Also on page 133, following line 27, by inserting new material as follows:
``(e) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
EDIF - local government outdoor recreation grants
For the fiscal year ending June 30, 2000 | $500,000 |
(f) On July 15, 1999, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $500,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the EDIF - local government outdoor recreation grants fund of the
department of wildlife and parks.'';
And by relettering subsections accordingly;
On page 134, following line 24, by inserting new material as follows:
| ``Rail services improvement fund | No limit''; |
On page 135, in line 6, by striking ``$208,218,751'' and inserting ``$205,226,194''; in line
26, by striking ``$5,277,802'' and inserting ``$5,387,802''; following line 32, by inserting
material to read as follows:
| ``Railroad crossings mitigation program | $50,000,000 |
Provided, That expenditures may be made for up to four communities, including Marysville,
Olathe, Salina and Wichita: Provided further, That, notwithstanding provisions of K.S.A. 46-
155 and amendments thereto, this project is authorized for the fiscal years beginning on
July 1, 1999, and continuing until the fiscal year ending June 30, 2004: And provided further,
That the secretary of transportation is authorized to undertake a program to assist cities and
counties with railroad crossings of roads not on the state highway system.'';
On page 136, in line 33, by striking ``(a)(1)'' and inserting ``(g)(1)'';
On page 137, in line 2, by striking ``(a)(1)'' and inserting ``(g)(1)''; in line 19, by striking
``86.8'' and inserting ``88.8''; in line 35, by striking ``881.4'' and inserting ``882.9''; in line 43,
by striking ``334.8'' and inserting ``335.8'';
On page 138, in line 1, by striking ``837.0'' and inserting ``839.0''; in line 19, by striking
``3,052.5'' and inserting ``3,037.5''; in line 20, by striking ``216.0'' and inserting ``217.0''; in
line 21, by striking ``44.0'' and inserting ``45.0''; in line 24, by striking ``194.5'' and inserting
``198.5''; in line 35, by striking ``398.0'' and inserting ``395.5'';
On page 139, by inserting the following material to read as follows:
``(d) During the fiscal year ending June 30, 2000, any full-time and regular part-time
positions of the Kansas highway patrol that are for capitol area police officers and capitol
area security guards, that are assigned to security for state-owned and controlled properties
located in Shawnee county under contracts with other state agencies shall be in addition to
any limitation on the number of full-time and regular part-time positions equated to full-
time, excluding seasonal and temporary positions, paid from appropriations for the Kansas
highway patrol for fiscal year 2000, made in this or other appropriation act of the 1999
regular session of the legislature: Provided, That the Kansas highway patrol shall prepare
and submit a report on all such positions assigned to provide security under such contracts
to the legislative budget committee prior to the 2000 regular session of the legislature.'';
On page 141, after line 9, by inserting the following:
``New Sec. 93. (a) The pooled money investment board is authorized and directed to loan
to the secretary of social and rehabilitation services $20,000,000 on December 15, 1999.
The pooled money investment board is authorized and directed to use any moneys in the
operating accounts, investment accounts or other investments of the state of Kansas to
provide funds for such loan. On the date of such loan, the pooled money investment board
shall transfer the loan amount to the secretary of social and rehabilitation services by
depositing the same in the state treasury to the credit of the children's health care programs
fund. Such loan shall bear interest from the date of the loan at the net earnings rate of the
pooled money investment portfolio for the preceding month. During the fiscal year ending
June 30, 2001, the principal and interest on such loan shall be payable by the secretary of
social and rehabilitation services upon receipt of tobacco settlement moneys in an amount
equal to or greater than the amount equal to the aggregate of the principal and interest
payable on such loan.
(b) As used in this section, ``tobacco settlement moneys'' means moneys received by the
state pursuant to the tobacco litigation settlement agreements entered into by the attorney
general on behalf of the state of Kansas on November 23, 1998, or pursuant to any
judgement rendered, regarding the litigation against tobacco industry companies and related
entities.
Sec. 94. On July 1, 1999, K.S.A. 75-2319 is hereby amended to read as follows: 75-2319.
(a) There is hereby established in the state treasury the school district capital improvements
fund. The fund shall consist of all amounts transferred thereto under the provisions of
subsection (c).
(b) In each school year, each school district which is obligated to make payments from
its bond and interest fund shall be entitled to receive payment from the school district capital
improvements fund in an amount determined by the state board of education as provided
in this subsection. The state board of education shall:
(1) Determine the amount of the assessed valuation per pupil (AVPP) of each school
district in the state and round such amount to the nearest $1,000. The rounded amount is
the AVPP of a school district for the purposes of this section;
(2) determine the median AVPP of all school districts;
(3) prepare a schedule of dollar amounts using the amount of the median AVPP of all
school districts as the point of beginning. The schedule of dollar amounts shall range upward
in equal $1,000 intervals from the point of beginning to and including an amount that is
equal to the amount of the AVPP of the school district with the highest AVPP of all school
districts and shall range downward in equal $1,000 intervals from the point of beginning to
and including an amount that is equal to the amount of the AVPP of the school district with
the lowest AVPP of all school districts;
(4) determine a state aid percentage factor for each school district by assigning a state
aid computation percentage to the amount of the median AVPP shown on the schedule,
decreasing the state aid computation percentage assigned to the amount of the median AVPP
by one percentage point for each $1,000 interval above the amount of the median AVPP,
and increasing the state aid computation percentage assigned to the amount of the median
AVPP by one percentage point for each $1,000 interval below the amount of the median
AVPP. The state aid percentage factor of a school district is the percentage assigned to the
schedule amount that is equal to the amount of the AVPP of the school district, except that
the state aid percentage factor of a school district shall not exceed 100%. The state aid
computation percentage is 5% for contractual bond obligations incurred by a school district
prior to the effective date of this act, and 25% for contractual bond obligations incurred by
a school district on or after the effective date of this act;
(5) determine the amount of payments in the aggregate that a school district is obligated
to make from its bond and interest fund and, of such amount, compute the amount
attributable to contractual bond obligations incurred by the school district prior to the
effective date of this act and the amount attributable to contractual bond obligations
incurred by the school district on or after the effective date of this act;
(6) multiply each of the amounts computed under (5) by the applicable state aid
percentage factor;
(7) add the products obtained under (6). The amount of the sum is the amount of payment
the school district is entitled to receive from the school district capital improvements fund
in the school year.
(c) The state board of education shall certify to the director of accounts and reports the
entitlements of school districts determined under the provisions of subsection (b), and an
amount equal thereto shall be transferred by the director from the state general fund to the
school district capital improvements fund for distribution to school districts. All transfers
made in accordance with the provisions of this subsection shall be considered to be demand
transfers from the state general fund, except that any such transfers which occur during
state fiscal year 2000 or state fiscal year 2001 shall be considered revenue transfers from
the state general fund.
(d) Payments from the school district capital improvements fund shall be distributed to
school districts at times determined by the state board of education to be necessary to assist
school districts in making scheduled payments pursuant to contractual bond obligations.
The state board of education shall certify to the director of accounts and reports the amount
due each school district entitled to payment from the fund, and the director of accounts
and reports shall draw a warrant on the state treasurer payable to the treasurer of the school
district. Upon receipt of the warrant, the treasurer of the school district shall credit the
amount thereof to the bond and interest fund of the school district to be used for the
purposes of such fund.
(e) The provisions of this section apply only to contractual obligations incurred by school
districts pursuant to general obligation bonds issued upon approval of a majority of the
qualified electors of the school district voting at an election upon the question of the issuance
of such bonds.
Sec. 95. On July 1, 1999, K.S.A. 79-2959 is hereby amended to read as follows: 79-2959.
(a) There is hereby created the local ad valorem tax reduction fund. All moneys transferred
or credited to such fund under the provisions of this act or any other law shall be apportioned
and distributed in the manner provided herein.
(b) On January 15 and on July 15 of each year, the director of accounts and reports shall
make transfers in equal amounts which in the aggregate equal 4.5% of the total retail sales
and compensating taxes credited to the state general fund pursuant to articles 36 and 37 of
chapter 79 of Kansas Statutes Annotated and acts amendatory thereof and supplemental
thereto during the preceding calendar year from the state general fund to the local ad
valorem tax reduction fund, except that: (1) the transfers on January 15 and July 15 of each
year shall be in equal amounts which in the aggregate equal 3.630% of such taxes credited
to the state general fund during the preceding calendar year; and (2) the amount of the
transfer on each such date during state fiscal year 1998 shall be equal to 101.75% of the
amount transferred on the same date during state fiscal year 1997. All such transfers are
subject to reduction under K.S.A. 75-6704 and amendments thereto. All transfers made in
accordance with the provisions of this section shall be considered to be demand transfers
from the state general fund, except that any such transfers which occur during state fiscal
year 2000 or state fiscal year 2001 shall be considered revenue transfers from the state
general fund.
(c) The state treasurer shall apportion and pay the amounts transferred under subsection
(b) to the several county treasurers on January 15 and on July 15 in each year as follows:
(1) Sixty-five percent of the amount to be distributed shall be apportioned on the basis of
the population figures of the counties certified to the secretary of state pursuant to K.S.A.
11-201 and amendments thereto on July 1 of the preceding year; and (2) thirty-five percent
of such amount shall be apportioned on the basis of the equalized assessed tangible
valuations on the tax rolls of the counties on November 1 of the preceding year as certified
by the director of property valuation.'';
And by renumbering sections accordingly;
Also on page 141, in line 30, preceding the period, by inserting ``, except that any such
transfers which occur during state fiscal year 2000 or state fiscal year 2001 shall be
considered revenue transfers from the state general fund''; in line 43, before the period, by
inserting ``, and the amount of the transfer on each such date during state fiscal year 2001
shall not exceed the amount equal to 101.7% of the amount transferred on the same date
during state fiscal year 2000'';
On page 142, in line 1, preceding the period, by inserting ``, except that any such transfers
which occur during the state fiscal year 2000 or state fiscal year 2001 shall be considered
revenue transfers from the state general fund''; following line 1, by inserting the following
material to read as follows:
``Sec. 98. On July 1, 1999, K.S.A. 1998 Supp. 79-34,147 is hereby amended to read as
follows: 79-34,147. (a) On each January 1, April 1, July 1 and October 1, the secretary of
revenue shall certify to the director of accounts and reports the amount equal to 7.628% of
the total revenues received by the secretary from the taxes imposed under the Kansas
retailers' sales tax act and deposited in the state treasury and credited to the state general
fund during the preceding three calendar months.
(b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the state highway fund an amount equal
to the amount so certified, on each January 1, April 1, July 1 and October 1, except that the
amount of the transfer on each such date during state fiscal year 1999 shall not exceed the
amount equal to 102.4% 101.7% of the amount transferred on the same date during state
fiscal year 1998 and the amount of the transfer on each such data during state fiscal year
2001 shall not exceed the amount equal to 101.7% of the amount transferred on the same
date during state fiscal year 2000. All transfers made pursuant to this section are subject to
reduction under K.S.A. 75-6704, and amendments thereto.
(c) All transfers made in accordance with the provisions of this section shall be considered
to be demand transfers from the state general fund, except that any such transfers which
occur during state fiscal year 2000 or state fiscal year 2001 shall be considered to be revenue
transfers from the state general fund.
Sec. 99. On July 1, 1999, K.S.A. 82a-953a is hereby amended to read as follows: 92a-
953a. In each fiscal year, the director of accounts and reports shall transfer $6,000,000 from
the state general fund to the state water plan fund created by K.S.A. 82a-951, and
amendments thereto, 1/2 of such amount to be transferred on July 15 and 1/2 to be transferred
on January 15, except that (1) such transfers are subject to reduction under K.S.A. 75-6704,
and amendments thereto; and (2) the amount of the transfer on each such date during state
fiscal year 1995 shall be $2,966,400. All transfers under this section shall be considered to
be demand transfers from the state general fund, except that any such transfers which occur
during state fiscal year 2000 or state fiscal year 2001 shall be considered to be revenue
transfers from the state general fund.'';
By renumbering sections accordingly;
On page 133, in line 10, before ``K.S.A.'' by inserting ``K.S.A. 75-2319, 79-2959 and 82a-
953a and''; also in line 10, by striking ``and'' and inserting a comma; also in line 10, after
``79-3425i'' by inserting ``and 79-34,147'';
In the title, in line 10, by striking ``and''; also in line 10, before the semicolon by inserting
``, June 30, 2003, and June 30, 2004''; in line 13, following ``amending'' by inserting ``K.S.A.
75-2319, 79-2959 and 82a-953a and''; in line 14, by striking ``and'' where it first appears and
inserting a comma; also in line 14, after ``79-3425i'' by inserting ``and 79-34,147''; and the
bill be passed as amended.
Also HB 2565, as amended by House Committee of the Whole, be amended on page 2,
in line 23, after ``university'' by inserting ``and''; in line 26, after the first ``and'' by striking
``12,191a'' and inserting ``12-191a''; in line 28, before ``section'' by inserting ``this''; also in
line 28, by inserting a period after ``section''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 278, 299 reported correctly engrossed March 30, 1999.
SB 347 reported correctly engrossed March 30, 1999.
COMMITTEE OF THE WHOLE
The Senate resolved itself into Committee of the Whole for further consideration of bills
on the calendar under the heading of General Orders with Senator Donovan in the chair.
The Committee resumed consideration of HB 2166 as amended during the morning
session. Recommended the bill be further amended by motion of Senator Salisbury as
amended by Senate Committee, on page 18, in line 43, after ``entity'', by inserting ``other
than the state or an instrumentality of the state''; also in line 43, by striking all after ``title'';
On page 19, in line 1, by striking all before ``to''; in line 4, after ``title'', by inserting ``:(1)'';
in line 5, after the word ``land'' by inserting, ``except as otherwise provided in an agreement
between the developer and the owner of such land that the owner retain responsibility for
an identified portion of the remediation above a limit approved by the state.''; also in line
5, after ``and'' by inserting ``(2)''; in line 6, after ``or'' by striking ``subsidiary'' and inserting
``an''; in line 7, after ``complete'' by striking ``such'' and inserting ``the''; also in line 7, after
``remediation'' by inserting ``for which it is responsible for in (1) in this section.''
The bill be further amended by motion of Senator Lee as amended by Senate Committee,
on page 10, in line 27, by striking ``(a)''; in line 28, by striking ``shall'' and inserting ``may'';
in line 32, by striking all after ``necessary''; in line 33, by striking all before the last ``of'' and
inserting ``to return the water rights to the people''; by striking all of lines 37 through 43;
On page 11, by striking all of lines 1 through 7;
In the title, in line 15, before ``amending'' by inserting ``relating to certain water rights
appurtenant to certain land to be used for such a project;''
The bill be further amended by motion of Senator Kerr as amended by Senate Committee,
on page 18, in line 37, after ``(c)'', by inserting ``(1)'';
On page 19, after line 7, by inserting a paragraph as follows:
``(3) Prior to taking title, possession or otherwise exercising control over the land within
a former federal enclave or in any other way exposing the state to potential liability for
environmental remediation of such property, the authority shall obtain the written opinion
of a competent attorney, specializing in environmental law and maintaining professional
liability insurance, regarding the state's potential liability resulting from taking title,
possession or otherwise exercising control over the land.'', and the bill be passed as further
amended.
HB 2012, 2102, be passed.
HCR 5010, 5037 be adopted.
S Sub for Sub SB 257 as amended by adoption of the committee report recommending
a substitute bill, be passed.
Also SB 278, 299; HB 2060, 2215, 2259, 2440 be amended by adoption of the
committee amendments, and the bills be passed as amended.
SB 346 be amended by motion of Senator Vratil on page 2, in line 27, by striking all
following the comma; in line 28, by striking ``or'' where it appears for the first time, and the
bill be passed as amended.
Upon unanimous consent SB 325 was advanced on the calendar for discussion.
Recommended the bill be amended by adoption of the committee amendments, and the
bill be further amended by motion of Senator Kerr as amended by Senate Committee, on
page 24, in line 19, by subtracting $35,000 from the dollar amount and by adjusting the
dollar amount in line 19 accordingly; in line 22, after ``upgrade'' by inserting ``study''; in line
23, by subtracting $190,000 from the dollar amount and by adjusting the dollar amount in
line 23 accordingly, and the bill be passed as further amended.
HB 2352, 2427, 2549 be passed over and retain a place on the calendar
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and Sub for Sub SB 257; SB 278, 299, 325, 346, 347; HB 2012, 2060, 2102, 2166,
2197, 2215, 2259, 2440; HCR 5010, 5037 were advanced to Final Action and roll call.
Sub for Sub SB 257, An act concerning electric transmission lines; amending K.S.A. 66-
1,177 and repealing the existing section; also repealing K.S.A. 66-1,178, 66-1,179, 66-1,180,
66-1,181 and 66-1,182, was considered on final action.
On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans,
Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Downey, Feleciano, Lee, Petty, Stephens.
The substitute bill passed.
SB 278, An act concerning cigarettes and tobacco products; relating to samples; amending
K.S.A. 79-3301, 79-3302 and 79-3321 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Bond, Harrington, Ranson.
The bill passed, as amended.
SB 299, An act concerning civil procedure; relating to venue; amending K.S.A. 60-612
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, as amended.
SB 325, An act making and concerning appropriations for the fiscal years ending June
30, 1999, and June 30, 2000, and authorizing certain financing, for certain capital
improvement projects for the state fair board, department of social and rehabilitation
services, Kansas state school for the blind, Kansas state school for the deaf, department of
corrections, state historical society, insurance department, department of administration,
department of commerce and housing, Fort Hays state university, Kansas state university,
Kansas state university - extension systems and agriculture research programs, Kansas state
university veterinary medical center, Emporia state university, Pittsburg state university,
university of Kansas, university of Kansas medical center, Wichita state university,
department of human resources, Kansas commission on veterans affairs, attorney general -
Kansas bureau of investigation, Kansas highway patrol, adjutant general, department of
wildlife, parks and juvenile justice authority and state board of regents; authorizing the
initiation and completion of certain capital improvement projects; and directing or
authorizing certain disbursements and acts incidental to the foregoing, was considered on
final action.
On roll call, the vote was: Yeas 35, nays 5, 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, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Harrington, Huelskamp, Lee, Pugh, Tyson.
The bill passed, as amended.
SB 346, An act regulating traffic; providing penalties for certain overweight vehicles;
amending K.S.A. 1998 Supp. 8-1901 and repealing the existing section; also repealing K.S.A.
8-1342, was considered on final action.
On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Downey, Emert, Feleciano, Gilstrap,
Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy,
Lawrence, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger,
Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Corbin, Donovan, Huelskamp, Morris, Pugh.
The bill passed, as amended.
SB 347, An act concerning criminal procedure; relating to parole and the Kansas parole
board; amending K.S.A. 1998 Supp. 22-3707, 22-3709 and 22-3713 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 25, nays 15, present and passing 0; absent or not voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Emert, Goodwin,
Hardenburger, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Clark, Downey, Feleciano, Gilstrap, Gooch, Harrington, Hensley,
Huelskamp, Jones, Jordan, Lee, Petty, Steineger, Stephens.
The bill passed, as amended.
HB 2012, An act concerning the state fire marshal; relating to the powers and duties
thereof; amending K.S.A. 31-133 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 2060, An act concerning community colleges; revising the definition of credit hour;
amending K.S.A. 71-601 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, as amended.
HB 2102, An act concerning civil commitment; relating to sexually violent predators;
jury; peremptory challenges; amending K.S.A. 1998 Supp. 59-29a06 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 2166, An act concerning redevelopment projects of statewide as well as local
importance; relating to certain water rights appurtenant to certain land to be used for such
a project; amending K.S.A. 1998 Supp. 12-195, 12-1771, 74-8902, 74-8904, 74-8921, 74-
8922, 74-8923, 74-8924, 74-8925, 74-8927, 74-8930, 79-3603, 79-3703 and 79-5302 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 74-8902a and 79-3603a,
was considered on final action.
On roll call, the vote was: Yeas 27, nays 9, present and passing 4; absent or not voting 0.
Yeas: Barone, Becker, Bond, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hardenburger, Harrington, Hensley, Jordan, Kerr, Langworthy, Lawrence,
Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Brownlee, Clark, Corbin, Huelskamp, Petty, Pugh, Stephens, Tyson.
Present and passing: Bleeker, Jones, Lee, Steineger.
The bill passed, as amended.
HB 2197, An act relating to consumer protection; concerning negative option invitation
or announcement; amending K.S.A. 50-617 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 2215, An act concerning respiratory therapy; relating to licensure; amending K.S.A.
39-952, 40-12a01, 65-4116, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-
5507, 65-5510, 65-5511, 65-5512 and 65-5514 and K.S.A. 1998 Supp. 40-3103, 65-4915, 65-
5508, 65-5509, 74-4916 and 74-4960a 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.
HB 2259, An act relating to motor vehicles; concerning the filing of notice of security
interest; amending K.S.A. 1998 Supp. 8-135 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, as amended.
HB 2440, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; prescribing certain penalties; amending K.S.A. 21-3503, 21-3504, 21-3505, 21-
3510, 21-3520, 21-3705, 21-4605 and 21-4636 and K.S.A. 1998 Supp. 8-262, 8-287, 21-3402,
21-3810, 21-4603d, 21-4704, 21-4706, 22-3717, 22-4902 and 75-5217 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, 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: Gooch.
The bill passed, as amended.
HCR 5010, A CONCURRENT RESOLUTION requesting the State Board of Education
to conduct a state-wide study of blind pupils to assess the literacy skills and reading speed
levels of such pupils and to implement a plan to remedy any deficits or declinations therein,
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 resolution was adopted.
HOUSE CONCURRENT RESOLUTION No. 5037--
By Committee on Appropriations
A PROPOSITION to amend section 2 of article 13 of the constitution
of the state of Kansas, relating to banks.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the
members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
2 of article 13 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 2. State not to be stockholder. The state shall not be a stockholder in any banking
institution, except that any retirement or pension plan authorized pursuant to the laws
of this state may be a stockholder in any banking institution.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to allow any retirement
or pension plan authorized pursuant to the laws of this state to be a stockholder in any
banking institution.
``A vote for this amendment would allow any retirement or pension plan authorized
pursuant to the laws of this state to be a stockholder in any banking institution.
``A vote against this amendment favors retaining the current prohibition against the
state and any retirement or pension plan authorized pursuant to the laws of this state
from being a stockholder in any banking institution.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 2000 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.
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 resolution was adopted.
On motion of Senator Emert the Senate adjourned until 9:00 a.m.,Wednesday, March
31, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.