April 28, 1999
Journal of the Senate
SIXTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, April 28, 1999--10:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Hardenburger was excused.
President Bond introduced as guest chaplain, Rev. Rich O'Brien, KBUZ-90.3 FM Radio,
Topeka, Kansas, and a Baptist minister for 43 years, who delivered the invocation:
Heavenly Father, we praise you for your kindness toward us, and on
behalf of these upon whom You have placed the responsibility of leadership
in our State, we humbly ask for wisdom and guidance....guidance in
determining our legislative future. You have permitted the selection and
election of these men and women whose primary calling is to serve well their
fellow travelers in Kansas and thus, You.
In a world riven by violence both between nations and in our
communities, we plead for resolution, and if by Your sovereign will, answers
to the many dilemmas that beset men and women of good will.
You, O God, are a loving, kind and caring God. We would ask for help
that we may be so loving, kind and caring, and that these traits may be evident
by the nature of the laws this body enacts and enforces.
I pray, Father, that our lawmakers may be attentive to Your voice and
in particular on this day, heed your guidance in speaking to the issues facing
our beloved State.
Keep these servants of yours, Father....safe from harm and the insidious
invasion from any who would injure the progress of this society, that all may
ultimately bring added stability to our communities and thus, honor and glory
to Your name. In the name of Your Son, Jesus, I pray. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 360, An act providing for reconciliation of conflicting amendments to existing sections
of the Kansas Statutes Annotated; amending K.S.A. 76-375 and 76-381 and K.S.A. 1998
Supp. 44-503 and 75-2935 and K.S.A. 17-7301, as amended by section 4 of 1999 House Bill
No. 2161, K.S.A. 65-4116, as amended by section 4 of 1999 House Bill No. 2215, and K.S.A.
82a-718, as amended by section 1 of 1999 House Bill No. 2404, and K.S.A. 1998 Supp. 17-
6003, as amended by section 10 of 1999 House Bill No. 2161, K.S.A. 1998 Supp. 32-988,
as amended by section 2 of 1999 House Substitute for Senate Bill No. 70, K.S.A. 1998 Supp.
65-1431, as amended by section 1 of 1999 Senate Bill No. 71, K.S.A. 1998 Supp. 65-1626,
as amended by section 1 of 1999 Senate Bill No. 267, K.S.A. 1998 Supp. 65-1627, as
amended by section 3 of 1999 Senate Bill No. 267, and K.S.A. 1998 Supp. 65-1643, as
amended by section 5 of 1999 Senate Bill No. 267, and repealing the existing sections; also
repealing K.S.A. 76-375a and 76-381a and K.S.A. 1998 Supp. 40-3302a, 44-503b and 75-
2935f and K.S.A. 17-7301, as amended by section 17 of 1999 Senate Bill No. 311, K.S.A.
65-4116, as amended by section 14 of 1999 House Bill No. 2168, and K.S.A. 82a-718, as
amended by section 7 of 1999 House Substitute for Senate Bill No. 287, and K.S.A. 1998
Supp. 17-6003, as amended by section 7 of 1999 Senate Bill No. 311, K.S.A. 1998 Supp.
32-988, as amended by section 4 of 1999 House Bill No. 2492, K.S.A. 65-1431, as amended
by section 1 of 1999 House Bill No. 2254, K.S.A. 1998 Supp. 65-1626, as amended by
section 2 of 1999 House Bill No. 2168, K.S.A. 1998 Supp. 65-1627, as amended by section
9 of 1999 House Bill No. 2168, and K.S.A. 1998 Supp. 65-1643, as amended by section 10
of 1999 House Bill No. 2168, by Committee on Ways and Means.
SB 361, An act concerning school districts; authorizing boards of education to enter into
contracts with state educational institutions and corporations controlled thereby for food
service; amending K.S.A. 1998 Supp. 72-5126 and repealing the existing section, by
Committee on Federal and State Affairs.
SB 362, An act relating to the trauma fund; amending section 8 of 1999 Substitute for
Senate Bill No. 106 and repealing the existing section, by Committee on Ways and Means.
SB 363, An act concerning driving under the influence of alcohol or drugs; relating to
required notices; amending K.S.A. 1998 Supp. 8-1001 and 8-1567a, as amended by section
19 of 1999 Senate Bill No. 51 and repealing the existing sections, by Committee on Ways
and Means.
SB 364, An act concerning limited liability companies; amending K.S.A. 65-1524, as
amended by section 8 of 1999 House Bill No. 2117, and K.S.A. 1998 Supp. 65-1522, as
amended by section 7 of 1999 House Bill No. 2117, and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 17-7657, 17-7658, 17-7659, 17-7660 and 17-7661, by
Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Committee of the Whole: SB 360, 362, 363, 364.
Federal and State Affairs: HB 2570.
CHANGE OF REFERENCE
The President withdrew HB 2339 from the Committee on Federal and State Affairs, and
referred the bill to the calendar under the heading of General Orders.
REPORT ON ENGROSSED BILLS
SB 343; Sub SB 106 reported correctly engrossed April 12, 1999.
SB 11, 38, 51; SCR 1616 reported correctly re-engrossed April 12, 1999.
SB 78, 325 correctly re-engrossed April 13, 1999.
REPORT ON ENROLLED BILLS
SB 47; H Sub for SB 70; Sub SB 117; SB 132, 207 reported correctly enrolled, properly
signed and presented to the Governor on April 12, 1999.
SCR 1616 reported correctly enrolled, properly signed and presented to the Secretary
of State on April 15, 1999.
SB 11, 38, 51, 78; Sub SB 106; SB 108, 246, 287; H Sub for SB 306; SB 325 reported
correctly enrolled, properly signed and presented to the Governor on April 16, 1999.
MESSAGE FROM THE GOVERNOR
SB 152, 161 approved on April 13, 1999.
SB 19, 47; H Sub for SB 60; SB 62, 65; H Sub for SB 70; SB 107; Sub SB 117; SB
126, 132, 151, 207, 230, 291; Sub SB 301 approved on April 14, 1999.
SB 11, 38, 51, 78; Sub SB 106; SB 108, 246; H Sub for 287; H Sub for SB 306
approved on April 25, 1999.
April 26, 1999
To the Senate of the State of Kansas:
Submitted herewith for confirmation by the Senate are appointments made by me as
Governor of the State of Kansas as of April 26, 1999, pursuant to law.
Bill Graves
Governor
Member, Board of Tax Appeals, Jill A. Jenkins, pursuant to the authority vested in me by
K.S.A. 74-2433, effective upon the date of confirmation by the Senate to serve a four-year
term expiring January 15, 2003.
Member, Board of Tax Appeals, Susan M. Seltsam, pursuant to the authority vested in me
by K.S.A. 74-2433, effective upon the date of confirmation by the Senate to serve a four-
year term expiring January 15, 2003.
REFERRAL OF APPOINTMENTS
The following appointments made by the Governor and submitted to the senate for con-
firmation, were referred to Committee as indicated:
Member, Board of Tax Appeals, Jill A. Jenkins, effective upon the date of confirmation by
the Senate to serve a four-year term expiring January 15, 2003.
(Assessment and Taxation)
Member, Board of Tax Appeals, Susan M. Seltsam, effective upon the date of confirmation
by the Senate to serve a four-year term expiring January 15, 2003.
(Assessment and Taxation)
COMMUNICATION FROM STATE OFFICERS
SUPREME COURT OF KANSAS
April 13, 1999
In accordance with K.S.A. 1998 Supp. 5-506, Howard Schwartz, Judicial Administrator,
submitted the 1998 annual dispute resolution report.
KANSAS STATE UNIVERSITY
Kansas Forest Service
April 15, 1999
State Forester, Ray Aslin, submitted the 1998 annual report, including major programs
on Rural Forestry, Rural Fire Protection, Community Forestry and Conservation Tree
Planting.
STATE OF KANSAS
Commission on Judicial Qualifications
April 15, 1999
David J. Waxse, Chairman, submitted the 1998 annual report on judicial qualifications.
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
April 15, 1999
Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Perspective for the month of March, 1999. The Monthly
Financial Perspective is available on the Internet at the Financial Reporting Section of the
division of Accounts and Reports web site under Monthly Financial Perspective.
UNIFORM LAW COMMISSIONERS
April 27, 1999
Elwaine F. Pomeroy, member of the National Conference of Commissioners on Uniform
State Laws, submitted a copy of the 1997-1998 annual report.
The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.
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 and resolution were introduced and read by title:
SB 359An act making and concerning appropriations for the fiscal years ending June 30,
1999, June 30, 2000, and June 30, 2001; authorizing certain transfers and fees, imposing
certain restrictions and limitations and directing or authorizing certain receipts, disburse-
ments, capital improvements and acts incidental to the foregoing, by Committee on Ways
and Means.
SENATE CONCURRENT RESOLUTION No. 1620--
By Senator Jordan
A CONCURRENT RESOLUTION welcoming and congratulating Marcus Allen.
WHEREAS, Marcus Allen, retired professional football player, has come to Topeka
today, April 28, 1999, to attend the 1999 legislative reunion and shrimp peel in support of
the Kansas Special Olympics; and
WHEREAS, Marcus Allen was the 1981 Heisman Trophy winner and set an all-time
single-season rushing record of 2,342 yards in his senior year at the University of Southern
California. He was a consensus All-American and was named the 1981 college football player
of the year by Walter Camp, the Maxwell Club and Football News; and
WHEREAS, In 16 years as a running back in the National Football League, Marcus
Allen was considered one of the best-ever goal-line and short-yardage runners. He played
222 career games, more than any running back in league history, and concluded his career
with 123 rushing touchdowns, making him the league's all-time leader. He is one of only
two players to carry the football more than 3,000 times and is the only player in NFL history
to gain over 10,000 yards rushing and over 5,000 yards receiving; and
WHEREAS, Marcus Allen played the last five years of his career with the Kansas City
Chiefs. In that time, he scored 44 rushing touchdowns, setting a franchise record and leading
the American Football Conference. He was twice named the Chiefs' most valuable player;
and
WHEREAS, Marcus Allen announced his retirement on April 6, 1998, ending a football
career in which he was the epitome of class and professionalism; and
WHEREAS, Marcus Allen and his wife, Kathryn, serve as spokespersons for the Ronald
McDonald Children's Charities: Now, therefore,
Be it resolved by the Senate of the State of Kansas, the House of Representatives con-
curring therein: That we welcome Marcus Allen to the Kansas legislative chambers, we
congratulate him on his spectacular career in professional football, and we convey our grat-
itude for his willingness to dedicate his time and talent to support the Kansas Special
Olympics.
On emergency motion of Senator Jordan SCR 1620 was adopted by voice vote.
Senator Jordan quoted from Shakespeare that ``greatness deserves to be celebrated'', and
emphasized that Marcus Allen truly fit the role model of a gentleman, as well as a talented
athlete.
Thanking the legislature for extending the honor of SCR 1620, Marcus Allen expressed
appreciation that professional football allowed him the opportunity to evolve as a person;
and he now saw that opportunity as a new responsibility to remind us all to take a good look
at ourselves and at society. Also that there was no greater resource for society than the kids
of today.
President Bond and the Senators rose in a standing ovation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Committee of the Whole: SB 359.
MESSAGE FROM THE HOUSE
Announcing, the House concurs in Senate amendments to HB 2427.
The House adopts the conference committee report on Substitute SB 270.
On motion of Senator Emert, the Senate recessed until 4:30 p.m.
______
Evening Session
The Senate met pursuant to recess with Vice-President Salisbury in the chair.
MESSAGE FROM THE HOUSE
Announcing, the House has reconsidered its action of adoption of the Conference Com-
mittee Report to Substitute SB 270 and requests return of the bill.
Also, adoption of SCR 1620.
The House nonconcurs in Senate amendments to HB 2040, requests a conference and
has appointed Representatives Mayans, O'Connor and Gilbert as conferees on the part of
the House.
The House nonconcurs in Senate amendments to Substitute HB 2505, requests a con-
ference and has appointed Representatives Mayans, O'Connor and Garner as conferees on
the part of the House.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: HB
2040; Sub HB 2505.
ORIGINAL MOTION
On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 2040.
The President appointed Senators Oleen, Vratil and Jones as conferees on the part of the
Senate.
On motion of Senator Becker, the Senate acceded to the request of the House for a
conference on Sub HB 2505.
The President appointed Senators Becker, Huelskamp and Gooch as conferees on the
part of the Senate.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bill: HB 2071.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2071, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 2, in line 12, by striking ``$1,100,000,000'' and inserting ``$1,050,000,000'';
By striking all on pages 11 through 32;
On page 33, by striking all in lines 1 through 24;
By renumbering sections accordingly;
On page 44, in line 30, by striking ``$990,000,000'' and inserting ``$995,000,000'';
On page 47, in line 20, by striking ``$5,000,000'' and inserting ``$6,000,000'';
By striking all on page 60 and inserting the following three tables:
(a) On and after July 1, 1999, until July 1, 2001:
|
less than
5,000 miles |
5,000 to
10,000 miles |
10,001 to
15,000 miles |
15,001 to
19,999 miles |
20,000 to
29,999 miles |
30,000 to
39,999 miles |
40,000 to
49,999 miles |
50,000 to
59,999 miles |
60,000
and over |
| Class A: 3,000
pounds or less |
$38.00 |
$76.00 |
$114.00 |
$152.00 |
$228.00 |
$304.00 |
$380.00 |
$456.00 |
$532.00 |
| Class B: more
than 3,000
pounds and not
more than 4,500
pounds |
$65.00 |
$130.00 |
$195.00 |
$260.00 |
$390.00 |
$520.00 |
$650.00 |
$780.00 |
$910.00 |
| Class C: more
than 4,500
pounds and not
more than
12,000 pounds |
$78.00 |
$157.00 |
$234.00 |
$312.00 |
$468.00 |
$624.00 |
$780.00 |
$936.00 |
$1,092.00 |
| Class D: more
than 12,000
pounds and not
more than
16,000 pounds |
$106.00 |
$212.00 |
$318.00 |
$424.00 |
$636.00 |
$848.00 |
$1,060.00 |
$1,272.00 |
$1,484.00 |
| Class E: more
than 16,000
pounds and not
more than
24,000 pounds |
$136.00 |
$272.00 |
$408.00 |
$544.00 |
$816.00 |
$1,088.00 |
$1,360.00 |
$1,632.00 |
$1,904.00 |
| Class F: more
than 24,000
pounds and not
more than
36,000 pounds |
$190.00 |
$380.00 |
$570.00 |
$760.00 |
$1,140.00 |
$1,520.00 |
$1,900.00 |
$2,280.00 |
$2,660.00 |
| Class G: more
than 36,000
pounds and not
more than
48,000 pounds |
$236.00 |
$472.00 |
$708.00 |
$944.00 |
$1,416.00 |
$1,888.00 |
$2,360.00 |
$2,832.00 |
$3,304.00 |
| Class H: more
than 48,000
pounds |
$317.00 |
$634.00 |
$951.00 |
$1,268.00 |
$1,902.00 |
$2,536.00 |
$3,170.00 |
$3,804.00 |
$4,438.00 |
| Class I: transit
carrier vehicles
operated by
transit
companies |
|
|
|
|
|
|
|
|
$1,493.00 |
| Class J: motor
vehicles
designed for
carrying fewer
than 10
passengers and
used for the
transportation of
persons for
compensation. |
|
|
|
|
|
|
|
|
$776.00 |
(b) On and after July 1, 2001, until July 1, 2003:
|
less than
5,000 miles |
5,000 to
10,000 miles |
10,001 to
15,000 miles |
15,001 to
19,999 miles |
20,000 to
29,999 miles |
30,000 to
39,999 miles |
40,000 to
49,999 miles |
50,000 to
59,999 miles |
60,000
and over |
| Class A:
3,000 pounds
or less |
$40.00 |
$80.00 |
$120.00 |
$160.00 |
$240.00 |
$320.00 |
$400.00 |
$480.00 |
$560.00 |
| Class B: more
than 3,000
pounds and
not more than
4,500 pounds |
$68.00 |
$136.00 |
$204.00 |
$272.00 |
$408.00 |
$544.00 |
$680.00 |
$816.00 |
$952.00 |
| Class C: more
than 4,500
pounds and
not more than
12,000
pounds |
$82.00 |
$165.00 |
$246.00 |
$328.00 |
$492.00 |
$656.00 |
$820.00 |
$984.00 |
$1,148.00 |
| Class D: more
than 12,000
pounds and
not more than
16,000
pounds |
$112.00 |
$224.00 |
$336.00 |
$448.00 |
$672.00 |
$896.00 |
$1,120.00 |
$1,344.00 |
$1,568.00 |
| Class E: more
than 16,000
pounds and
not more than
24,000
pounds |
$144.00 |
$288.00 |
$432.00 |
$576.00 |
$864.00 |
$1,152.00 |
$1,440.00 |
$1,728.00 |
$2,016.00 |
| Class F: more
than 24,000
pounds and
not more than
36,000
pounds |
$200.00 |
$400.00 |
$600.00 |
$800.00 |
$1,200.00 |
$1,600.00 |
$2,000.00 |
$2,400.00 |
$2,800.00 |
| Class G: more
than 36,000
pounds and
not more than
48,000
pounds |
$248.00 |
$496.00 |
$744.00 |
$992.00 |
$1,488.00 |
$1,984.00 |
$2,480.00 |
$2,976.00 |
$3,472.00 |
| Class H: more
than 48,000
pounds |
$334.00 |
$668.00 |
$1,002.00 |
$1,336.00 |
$2,004.00 |
$2,672.00 |
$3,340.00 |
$4,008.00 |
$4,676.00 |
| Class I:
transit carrier
vehicles
operated by
transit
companies |
|
|
|
|
|
|
|
|
$1,572.00 |
| Class J: motor
vehicles
designed for
carrying fewer
than 10
passengers
and used for
the
transportation
of persons for
compensation. |
|
|
|
|
|
|
|
|
$816.00 |
(c) On and after July 1, 2003, until July 1, 2020:
|
less than
5,000 miles |
5,000 to
10,000 miles |
10,001 to
15,000 miles |
15,001 to
19,999 miles |
20,000 to
29,999 miles |
30,000 to
39,999 miles |
40,000 to
49,999 miles |
50,000 to
59,999 miles |
60,000
and over |
| Class A:
3,000 pounds
or less |
$42.00 |
$84.00 |
$126.00 |
$168.00 |
$252.00 |
$336.00 |
$420.00 |
$504.00 |
$588.00 |
| Class B: more
than 3,000
pounds and
not more than
4,500 pounds |
$72.00 |
$144.00 |
$216.00 |
$288.00 |
$432.00 |
$576.00 |
$720.00 |
$864.00 |
$1,008.00 |
| Class C: more
than 4,500
pounds and
not more than
12,000
pounds |
$86.00 |
$173.00 |
$258.00 |
$344.00 |
$516.00 |
$688.00 |
$860.00 |
$1,032.00 |
$1,204.00 |
| Class D: more
than 12,000
pounds and
not more than
16,000
pounds |
$117.00 |
$234.00 |
$351.00 |
$468.00 |
$702.00 |
$936.00 |
$1,170.00 |
$1,404.00 |
$1,638.00 |
| Class E: more
than 16,000
pounds and
not more than
24,000
pounds |
$151.00 |
$302.00 |
$453.00 |
$604.00 |
$906.00 |
$1,208.00 |
$1,510.00 |
$1,812.00 |
$2,114.00 |
| Class F: more
than 24,000
pounds and
not more than
36,000
pounds |
$210.00 |
$420.00 |
$630.00 |
$840.00 |
$1,260.00 |
$1,680.00 |
$2,100.00 |
$2,520.00 |
$2,940.00 |
| Class G: more
than 36,000
pounds and
not more than
48,000
pounds |
$261.00 |
$522.00 |
$783.00 |
$1,044.00 |
$1,566.00 |
$2,088.00 |
$2,610.00 |
$3,132.00 |
$3,654.00 |
| Class H: more
than 48,000
pounds |
$351.00 |
$702.00 |
$1,053.00 |
$1,404.00 |
$2,106.00 |
$2,808.00 |
$3,510.00 |
$4,212.00 |
$4,914.00 |
| Class I: transit
carrier
vehicles
operated by
transit
companies |
|
|
|
|
|
|
|
|
$1,650.00 |
| Class J: motor
vehicles
designed for
carrying fewer
than 10
passengers
and used for
the
transportation
of persons for
compensation. |
|
|
|
|
|
|
|
|
$857.00 |
On page 61, by striking ``(b)'' and inserting ``(d)'';
On page 62, in line 38, by striking ``$12.50'' and inserting ``$11 until July 1, 2001, and
$11.50 until July 1, 2003, and $12'';
On page 63, in line 34, by striking ``2020'' and inserting ``2001''; in line 36, by striking
``$.23'' and inserting ``$.20''; in line 37, by striking ``$.25'' and inserting ``$.22''; in line 38,
by striking ``$.22'' and inserting ``$.19''; following line 38, by inserting the following:
``(b) On and after July 1, 2001, until July 1, 2003, the tax imposed under this act shall
be not less than:
(1) On motor-vehicle fuels, $.21 per gallon, or fraction thereof;
(2) on special fuels, $.23 per gallon, or fraction thereof; and
(3) on LP-gas, $.20 per gallon, or fraction thereof.
(c) On and after July 1, 2003, until July 1, 2020, the tax imposed under this act shall
be not less than:
(1) On motor-vehicle fuels, $.22 per gallon, or fraction thereof;
(2) on special fuels, $.24 per gallon, or fraction thereof; and
(3) on LP-gas, $.21 per gallon, or fraction thereof.'';
Also on page 63, in line 39, by striking ``(b)'' and inserting ``(d)'';
On page 64, in line 3, by striking ``The'' and inserting ``(a) On and after July 1, 1999,
until July 1, 2001, the''; in line 6, by striking ``64.85%'' and inserting ``59.55%''; in line 7, by
striking ``35.15%'' and inserting ``40.45%''; following line 7, by inserting the following:
``(b) On and after July 1, 2001, until July 1, 2003, the state treasurer shall credit amounts
received pursuant to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and
amendments thereto as follows: To the state highway fund 61.55% and to the special city
and county highway fund 38.45%.
(c) On and after July 1, 2003, until July 1, 2020, the state treasurer shall credit amounts
received pursuant to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and
amendments thereto as follows: To the state highway fund 63.35% and to the special city
and county highway fund 36.65%.
(d) On and after July 1, 2020, the state treasurer shall credit amounts received pursuant
to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and amendments thereto as
follows: To the state highway fund 55.3% and to the special city and county highway fund
44.7%.'';
Also on page 64, in line 19, by striking ``9.51%'' and inserting ``9.5%''; in line 37, by
striking ``12.25%'' and inserting ``12%''; by striking all in lines 41 through 43;
On page 65, by striking all in lines 1 through 9; in line 28, by striking ``revenue'' and
inserting ``demand'';
On page 66, in line 42, by striking ``and 79-34,147'' and inserting ``, 79-34,147 and 79-
34,147, as amended by section 96 of 1999 Senate Bill No. 325''; by striking all in line 43;
On page 67, by striking all in lines 1 and 2;
By renumbering sections accordingly;
On page 1, in the title, by striking all in line 18; in line 19, by striking ``8-2409,''; in line
24, by striking ``8-143, 8-143j, 8-172,''; in line 28, preceding the period, by inserting ``and
79-34,147, as amended by section 96 of 1999 Senate Bill No. 325'';
And your committee on conference recommends the adoption of this report.
Audrey Langworthy
Dave Kerr
Ben Vidricksen
Marge Petty
Janis K. Lee
Gary K. Hayzlett
John Ballou
Clay Aurand
Bruce Larkin
Senator Langworthy moved the Senate adopt the Conference Committee Report on HB
2071.
On roll call, the vote was: Yeas 30, nays 9, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey,
Emert, Feleciano, Gooch, Goodwin, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Praeger, Salisbury, Steffes, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Nays: Clark, Gilstrap, Harrington, Huelskamp, Petty, Pugh, Ranson, Salmans, Steineger.
Absent or not voting: Hardenburger.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President: I support a new transportation plan primarily because major highway
safety issues should be addressed. It is with reluctance that I support this plan because there
is no assurance either in statute on rules and regulations that safety issues will be addressed
over economic development issues. Both safety and economic development projects are
important but when we have a serious safety problem as we do with 169 Highway, there
must be assurances that these will be addressed in a timely manner. Where lives are at stake
as they are on 169, the safety issue should be a higher priority.--Karin Brownlee
Mr. President: I believe that a transportation program can play an important part in
the future economic growth of our state. The 1989 highway program provided employment
for thousands of working Kansans and I believe a new plan can do the same.
A new plan can create more jobs for Kansas workers - jobs that provide good benefits
and that pay the prevailing wage.
We must not lose sight that a new plan is important for another reason. It will help to
overcome the obstacles faced each day by those thousands of Kansans who depend on public
transportation for getting to and from senior citizen meal sites, community services, retail
businesses and their places of employment.
There are many other issues that need to be resolved. School finance, higher education
reform, juvenile justice, how we will use the tobacco settlement money, and other issues
need to be resolved.
We now must compromise. Compromise is the art of dividing a cake in such a way that
everyone believes he or she has the biggest piece. In order for a transportation plan to pass,
we must find a way to divide all of the pieces and address the concerns of our citizens on
other issues.--Anthony Hensley
Senator Feleciano requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Hensley on HB 2071.
REPORTS OF STANDING COMMITTEES
Committee on Commerce 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 Development Finance Authority: K.S.A. 74-8903
Daniel P. Snyder, term expires January 15, 2001
Paul J. Thompson, term expires January 15, 2001
Employment Security Board of Review: K.S.A. 44-709
Harry D. Helser, term expires March 15, 2003 The Committee on Ways and Means
recommends HB 2568 be passed.
Also HB 2410, as amended by House Committee, be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
HB 2034, as amended by House Committee of the Whole, be amended on page 2,
preceding line 10, by inserting the following:
``Sec. 2. K.S.A. 20-2605 is hereby amended to read as follows: 20-2605. (a) The board
shall select and employ or retain a qualified actuary who shall serve at its pleasure as its
technical advisor on matters regarding operation of the retirement system for judges. The
actuary shall:
(1) As soon after the effective date as practicable and once every three years thereafter,
make a general investigation of the actuarial experience under the retirement system for
judges including mortality, retirement, employment turnover and interest, and recommend
actuarial tables for use in valuations and in calculating actuarial equivalent values based on
such investigation; make a valuation of the liabilities and reserves of the retirement system
for judges, and a determination of the contributions required by the retirement system for
judges to discharge its liabilities and recommend to the board rates of employer contribu-
tions required to establish and maintain the retirement system for judges on an actuarial
reserve basis.
(2) Perform such other duties as may be assigned by the board.
(b) Upon the basis of the actuarial valuation and appraisal and upon the recommen-
dation of the actuary, the board shall certify, on or before July 15 of each year, to the division
of budget an actuarially determined estimate of the rate of contribution which will be re-
quired, together with all judges' contributions and other assets of the retirement system for
judges to pay all liabilities which shall exist or accrue under the retirement system for judges,
including amortization of the unfunded accrued liability over a period of 40 years com-
mencing on July 1, 1993. The rate of contribution for the state determined under this section
shall not include the costs of administration of the system.
(c) The division of the budget and the governor shall include in the budget and in the
budget request for appropriations for personal services the sum required to satisfy the state's
obligation under the retirement system for judges as certified by the board and shall present
the same to the legislature for allowance and appropriation.
(d) Except as otherwise provided by law, the actuarial cost of any cost-of-living ad-
justment or postretirement benefit adjustment enacted by the Kansas legislature shall be
reflected in the employer contribution rate in the fiscal year immediately following such
enactment.
Sec. 3. K.S.A. 1998 Supp. 74-4920 is hereby amended to read as follows: 74-4920. (1)
(a) Upon the basis of each annual actuarial valuation and appraisal as provided for in sub-
section (3)(a) of K.S.A. 74-4908 and amendments thereto, the board shall certify, on or
before July 15 of each year, to the division of the budget in the case of the state and to the
agent for each other participating employer an actuarially determined estimate of the rate
of contribution which will be required, together with all accumulated contributions and
other assets of the system, to be paid by each such participating employer to pay all liabilities
which shall exist or accrue under the system, including amortization of the actuarial accrued
liability over a period of 40 years commencing on July 1, 1993, and the actuarial accrued
liability for members of the faculty and other persons who are employed by the state board
of regents or by educational institutions under its management assisted by the state board
of regents in the purchase of retirement annuities as provided in K.S.A. 74-4925 and amend-
ments thereto, as provided in this section. The actuarial accrued liability for all participating
employers other than the state board of regents relating to members of the faculty and other
persons described in this section, shall be amortized by annual payments that increase 4%
for each year remaining in the amortization period. For all participating employers other
than the state board of regents relating to members of the faculty and other persons de-
scribed in this section, the projected unit credit actuarial cost method shall be used in annual
actuarial valuations, commencing with the 1993 valuation, to determine the employer con-
tribution rates that shall be certified by the board. The actuarial accrued liability for mem-
bers of the faculty and other persons described in this subsection assisted by the state board
of regents in the purchase of retirement annuities as provided in K.S.A. 74-4925 and amend-
ments thereto shall be amortized by annual level payments over a period of 11 years com-
mencing July 1, 1993. Such certified rate of contribution shall be based on the standards
set forth in subsection (3)(a) of K.S.A. 74-4908 and amendments thereto and shall not be
based on any other purpose outside of the needs of the system.
(b) (i) For employers affiliating on and after January 1, 1999, upon the basis of an
annual actuarial valuation and appraisal of the system conducted in the manner provided
for in K.S.A. 74-4908 and amendments thereto, the board shall certify, on or before July 15
of each year to each such employer an actuarially determined estimate of the rate of con-
tribution which shall be required to be paid by each such employer to pay all of the liabilities
which shall accrue under the system from and after the entry date as determined by the
board, upon recommendation of the actuary. Such rate shall be termed the employer's
participating service contribution and shall be uniform for all participating employers. Such
additional liability shall be amortized over a period of 34 years commencing on July 1, 1999,
by annual payments that increase 4% for each year remaining in the amortization period.
For all participating employers described in this section, the projected unit credit actuarial
cost method shall be used in annual actuarial valuations to determine the employer contri-
bution rates that shall be certified by the board.
(ii) The board shall determine for each such employer separately an amount sufficient
to amortize over a period of not to exceed 34 years commencing July 1, l999, all liabilities
for prior service costs which shall have accrued at the time of entry into the system. On the
basis of such determination the board shall annually certify to each such employer separately
an actuarially determined estimate of the rate of contribution which shall be required to be
paid by that employer to pay all of the liabilities for such prior service costs. Such rate shall
be termed the employer's prior service contribution.
(2) The division of the budget and the governor shall include in the budget and in the
budget request for appropriations for personal services the sum required to satisfy the state's
obligation under this act as certified by the board and shall present the same to the legislature
for allowance and appropriation.
(3) Each other participating employer shall appropriate and pay to the system a sum
sufficient to satisfy the obligation under this act as certified by the board.
(4) Each participating employer is hereby authorized to pay the employer's contribution
from the same fund that the compensation for which such contribution is made is paid from
or from any other funds available to it for such purpose. Each political subdivision, other
than an instrumentality of the state, which is by law authorized to levy taxes for other
purposes, may levy annually at the time of its levy of taxes, a tax which may be in addition
to all other taxes authorized by law for the purpose of making its contributions under this
act and, in the case of cities and counties, to pay a portion of the principal and interest on
bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities lo-
cated in the county, which tax, together with any other fund available, shall be sufficient to
enable it to make such contribution. In lieu of levying the tax authorized in this subsection,
any taxing subdivision may pay such costs from any employee benefits contribution fund
established pursuant to K.S.A. 12-16,102 and amendments thereto. Each participating em-
ployer which is not by law authorized to levy taxes as described above, but which prepares
a budget for its expenses for the ensuing year and presents the same to a governing body
which is authorized by law to levy taxes as described above, may include in its budget an
amount sufficient to make its contributions under this act which may be in addition to all
other taxes authorized by law. Such governing body to which the budget is submitted for
approval, may levy a tax sufficient to allow the participating employer to make its contri-
butions under this act, which tax, together with any other fund available, shall be sufficient
to enable the participating employer to make the contributions required by this act.
(5) The rate of contribution certified to a participating employer as provided in this
section shall apply during the fiscal year of the participating employer which begins in the
second calendar year following the year of the actuarial valuation. For the fiscal year com-
mencing in calendar year 1993, the employer rate of contribution for the state of Kansas
and for participating employers under K.S.A. 74-4931 and amendments thereto shall be
3.1% of the amount of compensation upon which members contribute during the period.
For the fiscal year commencing in calendar year 1994, the employer rate of contribution
for the state of Kansas and for participating employers under K.S.A. 74-4931 and amend-
ments thereto shall be 3.2% of the amount of compensation upon which members contribute
during the period. For the fiscal year commencing in calendar year 1994, the employer rate
of contribution for participating employers other than the state of Kansas shall be 2.2% of
the amount of compensation upon which members contribute during the period. Except as
specifically provided in this section, for the fiscal year commencing in calendar year 1995,
the rate of contribution certified to a participating employer shall in no event exceed such
participating employer's contribution rate for the immediately preceding fiscal year by more
than 0.1% of the amount of compensation upon which members contribute during the
period. Except as specifically provided in this section, for fiscal years commencing in cal-
endar year 1996 and in each subsequent calendar year, the rate of contribution certified to
the state of Kansas shall in no event exceed the state's contribution rate for the immediately
preceding fiscal year by more than 0.2% of the amount of compensation upon which mem-
bers contribute during the period. Except as specifically provided in this section, for fiscal
years commencing in calendar year 1997 and in each subsequent calendar year, the rate of
contribution certified to participating employers other than the state of Kansas shall in no
event exceed such participating employer's contribution rate for the immediately preceding
fiscal year by more than 0.15% of the amount of compensation upon which members con-
tribute during the period. There shall be an employer rate of contribution certified to the
state of Kansas and participating employers under K.S.A. 74-4931 and amendments thereto.
There shall be a separate employer rate of contribution certified to all other participating
employers other than the state of Kansas.
(6) The actuarial cost of any legislation enacted in the 1994 session of the Kansas
legislature will be included in the June 30, 1994, actuarial valuation in determining contri-
bution rates for participating employers.
(7) The actuarial cost of the provisions of K.S.A. 1998 Supp. 74-4950i will be included
in the June 30, 1998, actuarial valuation in determining contribution rates for participating
employers. The actuarial accrued liability incurred for the provisions of K.S.A. 1998 Supp.
74-4950i shall be amortized over 15 years.
(8) Except as otherwise provided by law, the actuarial cost of any cost-of-living ad-
justment or postretirement benefit adjustment enacted by the Kansas legislature shall be
reflected in the employer contribution rate in the fiscal year immediately following such
enactment.
(9) The board with the advice of the actuary may fix the contribution rates for partic-
ipating employers joining the system after one year from the first entry date or for employers
who exercise the option contained in K.S.A. 74-4912 and amendments thereto at rates
different from the rate fixed for employers joining within one year of the first entry date.
(9) (10) For employers affiliating on and after January 1, 1999, the rates of contribution
certified to the participating employer as provided in this section shall apply during the fiscal
year immediately following such certification, but the rate of contribution during the first
year following the employer's entry date shall be equal to 7% of the amount of compensation
on which members contribute during the year. Any amount of such first year's contribution
which may be in excess of the necessary current service contribution shall be credited by
the board to the respective employer's prior service liability.
(10) (11) Employer contributions shall in no way be limited by any other act which
now or in the future establishes or limits the compensation of any member.
(11) (12) Notwithstanding any provision of law to the contrary, each participating em-
ployer shall remit quarterly, or as the board may otherwise provide, all employee deductions
and required employer contributions to the executive secretary for credit to the Kansas
public employees retirement fund within three days after the end of the period covered by
the remittance by electronic funds transfer. Remittances of such deductions and contribu-
tions received after such date are delinquent. Delinquent payments due under this subsec-
tion shall be subject to interest at the rate established for interest on judgments under
subsection (a) of K.S.A. 16-204 and amendments thereto. At the request of the board,
delinquent payments which are due or interest owed on such payments, or both, may be
deducted from any other moneys payable to such employer by any department or agency
of the state.
Sec. 4. K.S.A. 1998 Supp. 74-4967 is hereby amended to read as follows: 74-4967. (1)
Upon the basis of an annual actuarial valuation and appraisal of the system conducted in
the manner provided for in K.S.A. 74-4908 and amendments thereto, the board shall certify,
on or before July 15 of each year to each participating employer an actuarially determined
estimate of the rate of contribution which shall be required to be paid by each such partic-
ipating employer to pay all of the liabilities which shall accrue under the system from and
after the entry date as determined by the board, upon recommendation of the actuary. Such
rate shall be uniform for all participating employers, and shall be comprised of a rate for
benefits accruing after June 30, 1993, and a rate for amortization of the additional liability
for benefits provided by this act which is attributable to service rendered before July 1,
1993. Such additional liability shall be amortized over a period of 40 years commencing on
July 1, 1993, by annual payments that increase 4% for each year remaining in the amorti-
zation period. The employer's rate of contribution determined under this section shall not
include the costs of administration of the system.
(2) The board shall determine for each employer separately an amount sufficient to
amortize over a period of not to exceed 40 years all liabilities for past service costs which
shall have accrued at the time of entry into the system. On the basis of such determination
the board shall annually certify to each participating employer separately an actuarially
determined estimate of the rate of contribution which shall be required to be paid by that
participating employer to pay all of the liabilities for such past service costs. Such rate shall
be termed the employer's prior service contribution. The board may enter into agreements
with any participating employer which has employees or retirants under the special pension
systems established under K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto
or K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, for the purpose of
scheduling the payment of such past service costs in an orderly manner which will tend to
stabilize the annual total financial burden on such employers in meeting their present and
future obligations under this system and such special systems, but in no event shall the
annual prior service contribution be less than the interest cost on the total of such past
service liability.
(3) Each participating employer shall appropriate and pay to the system a sum sufficient
to satisfy the obligations under this act as certified by the board.
(4) Each participating employer is hereby authorized to pay the employer's contribution
from the same fund that the compensation for which such contribution is made is paid from
or from any other funds available to it for such purpose. Each employer may levy annually
at the time of its levy of taxes, a tax which may be in addition to all other taxes authorized
by law for the purpose of making its contributions under this act, and, in the case of cities
and counties, to pay a portion of the principal and interest on bonds issued by cities under
the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelop-
ment projects upon property located in such county which tax, together with any other fund
available, shall be sufficient to enable it to make such contribution. In lieu of levying the
tax authorized in this subsection, any taxing subdivision may pay such costs from any em-
ployee benefits contribution fund established pursuant to K.S.A. 12-16,102 and amendments
thereto.
(5) Employer contributions shall in no way be limited by any other act which now or
in the future establishes or limits the compensation of any member.
(6) The rate of contribution certified to each participating employer as provided in this
section shall apply during the fiscal year of such participating employer which begins in the
second calendar year following the year of the actuarial valuation, but the rate of contribution
during the first year following the employer's entry date shall be equal to 16% of the amount
of compensation on which members contribute during the year.
(7) Each participating employer shall remit quarterly, or as the board may otherwise
provide, all employee deductions and required employer contributions to the executive
secretary for credit to the Kansas public employees retirement fund within 20 days after
the end of the period covered by the remittance or within 25 days after forms or written
instructions from the system were mailed by the system to such employer, whichever is
later. Remittances of such deductions and contributions received after such date are delin-
quent. Delinquent payments due under this subsection (7) shall be subject to interest at the
rate established for interest on judgments under subsection (a) of K.S.A. 16-204 and amend-
ments thereto. At the request of the board, delinquent payments which are due or interest
owed on such payments, or both, may be deducted from any other moneys payable to such
employer by any department or agency of the state.
(8) Except as otherwise provided by law, the actuarial cost of any cost-of-living ad-
justment or postretirement benefit increase enacted by the Kansas legislature shall be re-
flected in the employer contribution rate in the fiscal year immediately following such
enactment.'';
And by renumbering sections accordingly;
Also on page 2, in line 10, after ``K.S.A.'' by inserting ``20-2605 and''; also in line 10, by
striking ``is'' and inserting ``and K.S.A. 1998 Supp. 74-4920 and 74-4967 are'';
On page 1, in the title, in line 10, by striking ``state'' and inserting ``public''; in line 11,
after the semicolon where it appears for the last time, by inserting ``cost-of-living adjustments
and employer contribution rates under the Kansas public employees retirement system and
systems thereunder;''; in line 12, after ``K.S.A.'' by inserting ``20-2605 and''; also in line 12,
after ``and'' by inserting ``K.S.A. 1998 Supp. 74-4920 and 74-4967 and''; also in line 12, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 359 was advanced to Final Action, subject to amendment, debate and roll call.
SB 359, An act making and concerning appropriations for the fiscal years ending June
30, 1999, June 30, 2000, and June 30, 2001; authorizing certain transfers and fees, imposing
certain restrictions and limitations and directing or authorizing certain receipts, disburse-
ments, capital improvements and acts incidental to the foregoing, was considered on final
action.
The bill was amended by motion of Senator Oleen on page 19 of the typed version of the
bill, following line 17, by inserting the following:
``(c) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operations--state veterans cemeteries
| For the fiscal year ending June 30, 2000 | $48,599 |
(d) 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 author-
ized by law shall not exceed the following:
State veterans cemeteries fee fund
| For the fiscal year ending June 30, 2000 | $16,458 |
(e) On July 1, 1999, the position limitation established by section 90(a) of 1999 Senate
Bill No. 325 for the Kansas commission on veterans affairs is hereby increased from 335.8
to 337.8.''
The bill was further amended by motion of Senator Jones on page 24 of the typed version
of the bill, following line 7, by inserting the following:
``Kansas City satellite laboratory
| For the fiscal year ending June 30, 2000 | $445,000 |
Provided, That expenditures may be made from the Kansas City satellite laboratory account
to remodel facilities and establish, equip and operate a laboratory at the Kansas City Kansas
community college in accordance with contracts which are hereby authorized to be entered
into by the director of the Kansas bureau of investigation with the Kansas City community
college and other appropriate local governmental entities for this purpose.'';
Also on page 24 of the typed version of the bill, in line 22, by adding 5.0 to the number
in the line and adjusting the number in line 22 accordingly.
No objection being made, on motion of Senator Emert, SB 359, as amended, was passed
over and retains its place on the calendar.
CORRECTION OF THE JOURNAL
Correct the Journal of the Senate on Thursday, April 8, 1999, page 573, under the heading,
``CONFERENCE COMMITTEE REPORT'' on HB 2191, to show the first two para-
graphs to read as follows:
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2191, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Thursday, April 29,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.