April 9, 1999

Journal of the Senate

SIXTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Friday, April 9, 1999--9:00 a.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-nine senators present.

 Senator Feleciano was excused.

 Invocation by Chaplain Fred S. Hollomon:

              Heavenly Father,

                    Correct me if I'm wrong, O God,

                  But it seems to me

                  Consistency is different from

                  Predictability

                    It's good to be consistent,

                  But it sort of gets my goat

                  When everybody thinks he knows

                  Exactly how I'll vote.

                    So once in a while I am amused

                  To watch the eyebrows rise

                  When the way I cast my vote

                  Comes as a surprise.

                    I have surprised my seatmate,

                  And some colleagues in the House,

                  I've surprised my caucus,

                  And from time to time my spouse.

                    I've surprised opponents;

                  I've surprised my friends.

                  I may surprise most everyone

                  Before the session ends!

                    When we meet into the night,

                  In the morning I arise,

                  And remember how I voted,

                  Even I have been surprised!

                    But there's One I hope predicts

                  Everything I do:

                  The One I hope I don't surprise,

                  Of course, O God is YOU!

                    I pray in Jesus' Name,

                    AMEN

PRESENTATION OF PETITIONS
 The following petition was presented, read and filed:

   SP 26, by Senator Stan Clark: A petition to support Declining Enrollment provisions in
the School Finance proposal, signed by Diane Edgett and 125 citizens of Kansas.

GUESTS
 In observance of National Library Week, Senator Oleen introduced guest, Daryl
Youngman, Chair of Science Libraries at Kansas State University, representing libraries from
all over Kansas. Mr. Youngman is also the Kansas representative for the Legislative Network
of the Association of College and Research Libraries.

 Also recognized were Mrs. Youngman and Duane Johnson, State Librarian.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were referred to Committees as indicated:

   Federal and State Affairs: Sub HB 2007.

 Ways and Means: HB 2410, 2568.

COMMUNICATIONS FROM STATE OFFICERS
    DEPARTMENT OF REVENUE
Office of the Secretary
    April 1, 1999
   Karla Pierce, Secretary of Revenue, pursuant to K.S.A. 74-50,118(c) submitted the 1998
annual report estimating state tax expenditures from income tax credits claimed and sales
tax exemptions allowed under the Kansas Enterprise Zone Act.

   The Vice-President announced the above report is on file in the office of the Secretary
of the Senate and is available for review at any time.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Bleeker introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1853--

    By Senator Bleeker


A  RESOLUTION congratulating and commending the 1999 Barton County Community
      College athletic teams and coaches for their remarkable successes during the 1998-99
      school year.

     

      WHEREAS,  The 1999 Barton County Community College men's basketball team, under
first-year Coach Ryan Cross, who was named Jayhawk Community College Western Division
Coach of the Year and the National Coach of the Year at the community college level by
the National Association of Basketball Coaches, and first-year assistant coach Ryan Wolf,
finished first in their conference, first in the regional tournament and second in the National
Junior College Athletic Association (NJCAA) national tournament; and

      WHEREAS,  The Barton County men's and women's Indoor Track Cougars repeated
history by winning first place in the NJCAA Indoor Championships for the second
consecutive year under Head Coach Lance Brauman, who was named NJCAA Coach of the
National Meet, and Assistant Coach Lyles Lashley; and

      WHEREAS,  The Barton County Volleyball team competed in the national tournament
and finished in fourth place under Head Coach Russ Kinningham, who was named District
Coach of the Year, and Assistant Coach Tara Johansen; and

      WHEREAS,  The Barton County Community College Cougar Dance Line achieved
second place and the Cheerleading Squad won fifth place at the National Cheerleading
Association national championship, thus continuing their successes under Dance Line and
Cheer Squad Coach Debbie Warren from last year when Barton's Dance Line won first in
the Division II championship and was awarded third place in competition over other division
winners and the achievement of the Barton Cheer Squad which finished eighth nationally
in last year's Division II competition: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Barton County Community College men's basketball team, the men's and women's
indoor track teams, the Cougar volleyball team and the Barton Dance Line and
Cheerleading Squad, and the coaches of all these highly successful teams; and

      Be it further resolved: That the Secretary of the Senate be directed to send 15 enrolled
copies of this resolution to Dr. Veldon Law, President, Barton County Community College,
245 N.E. 30th Road, Great Bend, Kansas 67530.

 On emergency motion of Senator Bleeker SR 1853 was adopted unanimously.

   Dr. Veldon Law, President Barton County Community College, Neil Elliott, Athletic
Director and coaches, Lance Brauman, Lyles Lashley, Russ Kinningham, Tara Johansen,
Debbie Warren and a student assistant were recognized and welcomed by Senator Bleeker
and the Senators.

REPORT ON ENROLLED BILLS
 SB 107, 151, 152, 291; Sub SB 301 reported correctly enrolled, properly signed and
presented to the Governor on April 9, 1999.

   On motion of Senator Emert, the Senate recessed until 3:00 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with President Bond in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following resolution was introduced and read by title:

      SENATE CONCURRENT RESOLUTION No. 1619--

    By Committee on Federal and State Affairs


A  CONCURRENT RESOLUTION requesting the Division of Alcoholic Beverage Control
to establish course requirements for alcoholic beverage server training programs.


      WHEREAS,  The interests of the state of Kansas are served by encouraging specialized
training for servers of alcoholic beverages because of the unique nature of Kansas liquor
laws and the special skills necessary for selling and serving alcoholic beverages to adult
consumers; and

      WHEREAS,  The Kansas Department of Revenue, Alcoholic Beverage Control, Kansas
Retail Liquor Dealers Association, Kansas Restaurant and Hospitality Association and the
Kansas Licensed Beverage Association have recognized the value of alcoholic liquor server
education by instituting specialized server training programs; and

      WHEREAS,  The Division of Alcoholic Beverage Control has authority to establish server
training program content and criteria for instruction and instructors before a server training
program receives approval from the Division of Alcoholic Beverage Control; and

      WHEREAS,  The Division of Alcoholic Beverage Control has authority to require server
training programs approved by the Division to submit names of persons who have
successfully completed an approved server training program; and

      WHEREAS,  The Division of Alcoholic Beverage Control has established a voluntary
server training program as an alternative to fines or license suspensions for a licensee's initial
violation involving an underage person; and

      WHEREAS,  The Division of Alcoholic Beverage Control has the authority to establish
a penalty structure for violations of the state liquor laws by licensees: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature requests the Division of Alcoholic Beverage Control establish
the course content before a server training program is approved by the Division. The
Legislature further requests the Division of Alcoholic Beverage Control to consider whether
employees of a licensee have completed an approved server training program during the
previous twenty-four month period when imposing any penalty which the division may
administer against a licensee. The Legislature further requests the Division of Alcoholic
Beverage Control to give special consideration to whether the individual or individuals
involved in the violation have attended a server training program approved by the Division;
and

      Be it further resolved: That the Division of Alcoholic Beverage Control is requested to
provide to the Legislature a report on server training on or before January 15, 2000, to assist
the Legislature in assessing the effectiveness of server training; and

      Be it further resolved: That the Legislature requests the Division of Alcoholic Beverage
Control to issue evidence of proof that a server is qualified to be employed by a licensee
from moneys appropriated for such purpose; and

      Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the Secretary of the Department of Revenue, the Director of the
Division of Alcoholic Beverage Control, the Executive Director of the Retail Liquor Dealers
Association, the Executive Director of the Kansas Restaurant and Hospitality Association
and the Executive Director of the Kansas Licensed Beverage Association.

CHANGE OF REFERENCE
 The President withdrew SB 142, 357 from the Committee on Judiciary, and referred the
bills to the Committee on Federal and State Affairs.

MESSAGE FROM THE GOVERNOR
 SB 76, 89, 110, 130, 186 approved on April 9, 1999.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2115, 2558.

 Also, adoption of HCR 5041.

 Passage of SB 345, as amended.
 The House nonconcurs in Senate amendments to Substitute HB 2469, requests a
conference and has appointed Reps. O'Neal, Carmody and Pauls as conferees on the part
of the House.

 Announcing the House adopts the conference committee report on HB 2074.
 The House adopts the conference committee report on HB 2145.

 The House adopts the conference committee report on HB 2191.

 The House adopts the conference committee report on HB 2276.

 The House adopts the conference committee report on HB 2492.

 The House adopts the conference committee report on SB 108.
 The House adopts the conference report on House Substitute for SB 306.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2115, 2558; HCR 5041 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Lawrence the Senate nonconcurred in the House amendments to
SB 345 and requested a conference committee be appointed.

 The President appointed Senators Lawrence, Emert and Downey as a conference
committee on the part of the Senate.

ORIGINAL MOTION
 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on Sub HB 2469.

 The President appointed Senators Emert, Vratil and Goodwin 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 108, submits the following report:

      The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments
and reprinted, as follows:

      On page 2, by striking lines 4 through 7; on line 22, by striking ``section'' and inserting
``act''; on line 24, by striking all after ``to''; on line 25, by striking all before ``the'' and inserting
``affect''; on line 26, by striking ``condition'' and inserting ``indication'';

And your committee on conference recommends the adoption of this report.
Garry Boston

Gerald G. Geringer

Jerry Henry

Don Steffes

Sandy Praeger

Donald E. Biggs

 Senator Steffes moved the Senate adopt the Conference Committee Report on SB 108.

      On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Feleciano.

      The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2142, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:

      On page 4, in line 40, by striking ``15'' and inserting ``20'';

      On page 7, following line 30, by inserting:

      ``(12) The owner of any vehicle assigning a certificate of title in accordance with the
provisions of this section may file with the division a form indicating that such owner has
assigned such certificate of title. Such forms shall be furnished by the division and shall
contain such information as the division may require. Any owner filing a form as provided
in this paragraph shall pay a fee of $10. The filing of such form shall be prima facie evidence
that such certificate of title was assigned and shall create a rebuttable presumption. If the
assignee of a certificate of title fails to make application for registration, an owner assigning
such title and filing the form in accordance with the provisions of this paragraph shall not
be held liable for damages resulting from the operation of such vehicle.'';

And your committee on conference recommends the adoption of this report.
Dave Kerr

Stephen R. Morris

Mark Gilstrap

Gary Hayzlett

John Ballou

Bruce Larkin

 Senator Morris moved the Senate adopt the Conference Committee Report on HB 2142.

      On roll call, the vote was: Yeas 29, nays 10, present and passing 0; absent or not voting
1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Gilstrap, Gooch, Goodwin, Hardenburger, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Praeger, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

      Nays: Brownlee, Harrington, Hensley, Huelskamp, Petty, Pugh, Ranson, Salisbury,
Salmans, Tyson.

      Absent or not voting: Feleciano.

      The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2166, 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.
Alicia L. Salisbury

Pat Ranson

Jim Barone

William G. Mason

Jene Vickrey

Annie Kuether

 On motion of Senator Emert the Senate adopted the Conference Committee Report on
HB 2166, and requested a new conference committee be appointed.

 The President appointed Senators Salisbury, Ranson and Barone as a second conference
committee on the part of the Senate on HB 2166.

CONFIRMATION OF APPOINTMENTS
 In accordance with Senate Rule 56, the following appointment, submitted by the
Governor to the senate for confirmation, was considered.

 Senator Emert moved the following appointment be confirmed as recommended by the
Standing Senate Committee:

  On the appointment to the:

    Kansas Highway Patrol, Superintendent, Donald W. Brownlee, effective upon the date of
confirmation by the Senate to serve at the pleasure of the Governor.

   The vote was: Yeas 39, nays 0, presnet and passing 0, absent or not voting 1.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Buelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

 Absent or not voting: Feleciano.

 The appointment was confirmed.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Steineger introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1854--

    A  RESOLUTION supporting the establishment of a national truck museum
in Wyandotte County.


      WHEREAS,  A large part of America's commerce is carried by trucks on the highways
of America; and

      WHEREAS,  The ability to move large quantities of materials across America has been
made possible by our national system of interstate highways, large capacity trucks, and
professional drivers committed to a career of driving on our highways; and

      WHEREAS,  There is a need to record and recognize the drivers and the machines that
comprise the American trucking industry, which objective is being pursued by the American
Truck Historical Society; and

      WHEREAS,  Kansas is the crossroad of America with I-70 being the major east-west
highway of the country; and

      WHEREAS,  Kansas City International Airport provides convenient access by air to
Kansas City and the heartland of our nation; and

      WHEREAS,  In western Wyandotte County, within the area bounded by I-70, I-435,
Kansas Highway 7 and State Avenue, there is the nucleus of a museum mall. Currently this
area contains the Agricultural Hall of Fame, the Wyandotte County History Museum, the
Sandstone Amphitheater which hosts national entertainment acts and is the site of the annual
Renaissance Festival, several baseball diamonds and a remote controlled airplane airfield--
and with plenty of land for further construction. Nearby, K.I.S.C. Speedway is under
construction which when completed will draw competitors from across the country and
spectators from around the world. Those individuals who come to the racetrack would also
be interested in seeing the American truck historical museum; and

      WHEREAS,  Wyandotte County, Kansas, would be a fortuitous place to establish a
national truck museum: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we support locating a national
truck museum in Wyandotte County; and

      Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Robert M. King, President, American Truck Historical Society,
353 Rio Road, Arroyo Grande, California 93420, and to the members of the site selection
committee: Arnold Braasch, 2880 Tal-Aire Avenue, Rensselaer, Indiana 47978; Robert
Creason, 22261 139th Street, Basehor, Kansas 66007; Bill Johnson, 17587 Rt. B, Edgerton,
Missouri 64444; Allen I. Koenig, Midwest Specialized Transport, P.O Box 6122, Rochester,
Minnesota, 55903-6122; Roland O. Smith, 1227 Beryl Street, San Diego, California 92109-
2049.

 On emergency motion of Senator Steineger SR 1854 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
 Committee on Federal and State Affairs begs leave to submit the following report:

        The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:

   By the Governor:

  Kansas Racing and Gaming Commission: K.S.A. 74-8803

   Robert Miller, term expires January 15, 2003

 Keith Palmer, term expires January 15, 2003

 Also SB 26, 177, 197, 337 be not passed.

REPORT ON ENGROSSED BILLS
 Sub SB 117 reported correctly engrossed April 9, 1999.

 Also SB 47, 132 correctly re-engrossed April 9, 1999.

   On motion of Senator Emert, the Senate recessed until 5:00 p.m.

______
Evening Session
 The Senate met pursuant to recess with President Bond in the chair.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 SCR 1619 was referred to the Committee of the Whole.

MESSAGE FROM THE HOUSE
 Announcing, the House adopts the conference committee report on House Substitute
for SB 287.

 The House concurs in Senate amendments to HB 2105 and requests the Senate to return
the bill.

 The House concurs in Senate amendments to HB 2168 and requests the Senate to return
the bill.

 The House announces the appointment of Representatives Loyd and Showalter to replace
Representatives Geringer and Henry as conferees on HB 2538.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Saturday, April 10,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.