January 10, 2000

Journal of the Senate

FIRST DAY
______
Senate Chamber, Topeka, Kansas
Monday, January 10, 2000--2:00 p.m.
       In accordance with the provisions of the Constitution of the State of Kansas and by virtue
of his office as President of the Senate, Senator Dick Bond declared the 2000 Senate to be
in session.

   President Bond introduced as reader for the Senate, Ralph Hamblin, a retired Army
officer who lives in Topeka and is a second year law student at Washburn University. Mr.
Hamblin received his bachelor degree at the University of Colorado and his masters from
the University of Hawaii.

   The roll was called with thirty-nine senators present as follows:



01 Edward Pugh
02 Sandy Praeger
03 Donald Biggs
04 Sherman Jones
05 Mark Gilstrap
06 Chris Steineger
07 Audrey Langworthy
08 Dick Bond
09 Rich Becker
10 Nick Jordan
11 John Vratil
12 Robert Tyson
13 Jim Barone
14 Dwayne Umbarger
15 Tim Emert
16 Dave Corbin
17 Harry Stephens
18 Marge Petty
19 Anthony Hensley
20 Alicia Salisbury		21 Janice Hardenburger
22 Lana Oleen
23 Karin Brownlee
24 Ben Vidricksen
25 Pat Ranson
26 Nancey Harrington
27 Les Donovan
28 Paul Feleciano
29 U. L. ``Rip'' Gooch
30 Barbara Lawrence
32 Greta Goodwin
33 Laurie Bleeker
34 Dave Kerr
35 Don Steffes
36 Janis Lee
37 Larry Salmans
38 Tim Huelskamp
39 Steve Morris
40 Stan Clark
    Senator Christine Downey, District 31, was excused.

   President Bond welcomed the Reverend Fred S. Hollomon, pastor of Highland Park
Southern Baptist Church, Topeka, Kansas, who is returning to serve his 19th session as
chaplain of the Senate.

   Invocation by Chaplain Hollomon:

         Heavenly Father,

         On my journey through this year

       As I travel down lifes street,

       Will it be God or me

       Whos in the drivers seat?

         Am I really smart enough

       To make the right decisions,

       Or will I look to you, O God,

       For my supervision?

         Do I really think I have the strength

       To make it on my own?

       Or will I rely upon the One

       Who sits upon the throne?

         And if I am successful,

       Will I brag and beat my drum?

       Or am I wise enough to know

       It was God Who got it done?

         I ask this in the Name of Christ,

         AMEN

INTRODUCTIONS
 President Bond introduced Dr. Keith Wright, President of the Kansas Academy of Family
Physicians. Dr. Wright is currently in private practice in Manhattan. The Academy sponsors
the Doctor of the Day program and provides daily assistance for health concerns in the
capital during the session.

 Also introduced were Greg Svoboda, new doorman; Brenda Kling, journal clerk; Thelma
Haefner, office secretary.

 Highway Patrol serving the Senate again this year are Captain Larry Fox and Second
Lieutenant Don Cackler.

SENATE CHAMBER RESTORATION
 President Bond commented on the Senate Chamber Restoration:

   ``The founders of our state exhibited incredible vision in building this magnificent building
on the prairie. Construction of this wing began only four years after statehood. The Pride
of our ancestors in the Kansas Senate Chamber is evident in every elaborate detail. We have
finally begun to restore Kansas beautiful Senate Chamber to the vision of our ancestors
after 80 years of neglect.

 The 28 columns made of bronze and cast iron plated with copper and silver have been
polished. The inlaid silver panels in the marble walls and the bronze metal below the balcony
railings have all been polished and all surfaces were coated with a clear lacquer to preserve
the finish. The bases for the columns have been stripped and varnished. The curtains have
been removed and original wooden shutters have been opened.

 Still to be completed this session is a new work area for the Sergeant-at-Arms, due for
completion at the end of the month.''

 Contractors for the project were Evergreen Paint Studios, New York; Conservation So-
lutions Inc., Virginia; J. F. McGivern Inc., Topeka.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 On emergency motion of Senator Emert SR 1802, bySenators Bond, Emert and Hensley
as follows, was introduced and adopted by voice vote.

SENATE RESOLUTION No. 1802--

  A  RESOLUTION relating to the organization of the Senate.


      Be it resolved by the Senate of the State of Kansas: That the Secretary of the Senate notify
the House of Representatives that the Senate is organized with the following officers:

      Dick Bond, president,

      Alicia Salisbury, vice president,

      Tim Emert, majority leader,

      Anthony Hensley, minority leader,

      Pat Saville, secretary,

      Jim Woods, sergeant at arms,

  and awaits the pleasure of the House of Representatives

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and concurrent resolutions were introduced and read by title:

   SB 367, An act concerning abortion; repealing K.S.A. 1999 Supp. 65-6721, by Senator
Harrington.

   SB 368, An act concerning school districts; requiring adoption of dress code policies by
boards of education, by Senator Emert.

   SB 369, An act relating to restricted drivers' licenses; concerning school-sponsored ac-
tivities; amending K.S.A. 1999 Supp. 8-237 and 8-296 and repealing the existing sections,
by Senator Harrington.

   SB 370, An act concerning children; relating to guardians ad litem; amending K.S.A. 1999
Supp. 38-1505 and repealing the existing section, by SRS Transition Oversight Committee.

   SB 371, An act concerning parks; relating to the Johnson county park and recreation
district; amending K.S.A. 19-2874 and repealing the existing section, by Senator Becker.

   SB 372, An act repealing K.S.A. 75-5956; relating to long-term care services, by SRS
Transition Oversight Committee.

   SB 373, An act repealing K.S.A. 25-4502, 25-4503 and 25-4505 through 25-4508 and
K.S.A. 1999 Supp. 25-4501; relating to the presidential preference primary, by Senators
Oleen, Goodwin and Hardenburger.

   SB 374, An act relating to property taxation; concerning aggrieved taxpayer appeals;
amending K.S.A. 1999 Supp. 74-2433f and 79-1609 and repealing the existing sections, by
Senator Salisbury.

   SB 375, An act concerning the advisory committee on African-American affairs; appoint-
ments of members; amending K.S.A. 1999 Supp. 74-9902 and repealing the existing section,
by Senator Jones.

   SB 376, An act relating to property taxation; providing authority for boards of county
commissioners to abate or provide credit against property taxes levied upon residential
property destroyed by calamity, by Senator Harrington.

   SB 377, An act relating to sales taxation; concerning treatment of certain contractor sales
and purchases; amending K.S.A. 1999 Supp. 79-3602 and 79-3603 and repealing the existing
sections, by Special Committee on Assessment and Taxation.

   SB 378, An act relating to refunds of sales tax paid upon food; amending K.S.A. 1999
Supp. 79-3633 and 79-3635 and repealing the existing sections, by Special Committee on
Assessment and Taxation.

   SB 379, An act amending the homestead property tax refund act; concerning the defi-
nition of income; amending K.S.A. 79-4502 and repealing the existing section, by Special
Committee on Assessment and Taxation.

   SB 380, An act concerning the Kansas ethnic minority scholarship program; revising the
definition of eligible institution; affecting the amount of awards made under the program;
amending K.S.A. 74-3284, 74-3287, 74-3288 and 74-3289 and K.S.A. 1999 Supp. 74-3286
and repealing the existing sections, by Legislative Educational Planning Committee.

   SB 381, An act concerning higher education; relating to professional service scholarships
for prospective doctors of osteopathy, optometrists, nurses, teachers, dentists and national
guard officers; amending K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273,
74-3291, 74-3293, 74-3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103,
74-32,105 and 74-32,106 and K.S.A. 1999 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-
3260, 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298, 74-32,104, 74-
32,107, 74-32,114, 74-32,115, 74-32,116, 74-32,117 74-32,131, 74-32,132, 74-32,133, 74-
32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 and repealing the existing sections;
also repealing K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-3228, 74-3246, 74-
3247, 74-3248 and 74-3269, by Legislative Educational Planning Committee.

   SB 382, AN ACT enacting the uniform child-custody jurisdiction and enforcement act;
amending K.S.A. 38-1503, 59-2128, 60-1604, 60-1605 and 60-1611 and K.S.A. 1999 Supp.
59-3009, 60-1610 and 60-3103 and repealing the existing sections; also repealing K.S.A. 38-
1301 through 38-1326 and 38-1335, by Special Committee on Judiciary.

   SB 383, An act concerning crimes and punishment; relating to identity theft; departure
sentencing; amending K.S.A. 1999 Supp. 21-4018 and 21-4716 and repealing the existing
sections, by Special Committee on Judiciary.

   SB 384, An act concerning crimes and punishment; relating to indecent solicitation and
aggravated indecent solicitation of a child; creating the crime of electronic harassment;
amending K.S.A. 21-3510 and 21-3511 and repealing the existing sections, by Special Com-
mittee on Judiciary.

   SB 385, An act enacting the Kansas internet pharmacy consumer protection act; pre-
scribing certain requirements; penalties for certain violations, by Special Committee on
Judiciary.

   SB 386, An act concerning criminal procedure; relating to inquisitions; subpoenas;
amending K.S.A. 1999 Supp. 22-3101 and repealing the existing section, by Special Com-
mittee on Judiciary.

   SB 387, An act establishing the department of public safety; providing for the powers,
duties and functions thereof; repealing K.S.A. 74-2113, 75-711, 75-1510 and 75-5117 and
K.S.A. 1999 Supp. 65-6102, by Legislative Budget Committee.

   SB 388, An act enacting the Kansas water banking act, by Special Committee on
Environment.

   SB 389, An act concerning the capitol; relating to memorials on the capitol grounds;
prescribing certain powers, duties, functions, guidelines and procedures, by Legislative Co-
ordinating Council.

   SB 390, An act concerning the legislature; relating to benefits and compensation of em-
ployees of certain legislative agencies; amending K.S.A. 1999 Supp. 74-4911f and repealing
the existing section, by Legislative Post Audit Committee.

   SB 391, An act concerning state buildings and facilities; capital improvement projects;
building code interpretations and variances; amending K.S.A. 75-3783 and repealing the
existing section, by Joint Committee on State Building Construction.

   SB 392, An act relating to elections; concerning the presidential primary election; amend-
ing K.S.A. 1999 Supp. 25-4501 and repealing the existing section; also repealing sections 2
and 3 of chapter 3 of the 1996 Session Laws of Kansas, by Senators Biggs, Clark and
Stephens.

   SB 393, An act concerning the Kansas governmental operations accountability law;
amending K.S.A. 74-7286, 74-7295, 74-7296 and 74-72,101 and K.S.A. 1999 Supp. 74-7285,
74-7289, 74-7290, 74-7291, 74-7292, 74-7293, 74-7294, 74-7298, 74-7299, 74-72,100, 74-
72,102, 74-72,103 and 74-72,104 and repealing the existing sections; also repealing K.S.A.
74-7297 and K.S.A. 1999 Supp. 74-7288 and 74-72,105, by Legislative Post Audit
Committee.

   SB 394, An act concerning alcoholic and cereal malt beverages; requiring certain licensees
to maintain records of purchasers of certain containers of beer or cereal malt beverage, by
Senator Stephens.

   SB 395, An act relating to property taxation; providing a uniform basis of valuation there-
for, by Senator Tyson.

   SB 396, An act concerning professions regulated by the behavioral sciences regulatory
board; relating to disclosure; amending section 4 of chapter 117 of the 1999 Session Laws
of Kansas, section 17 of chapter 117 of the 1999 Session Laws of Kansas, section 26 of
chapter 117 of the 1999 Session Laws of Kansas and section 31 of chapter 117 of the 1999
Session Laws of Kansas and repealing the existing sections, by Senator Salmans.

   SB 397, An act concerning professional counselors; amending K.S.A. 1998 Supp. 65-
5802, as amended by section 1 of chapter 117 of the 1999 Session Laws of Kansas, and
repealing the existing section, by Senator Salmans.

   SB 398, An act enacting the addictions counselor licensure act; amending K.S.A. 1999
Supp. 74-7501 and 74-7507 and repealing the existing sections; also repealing K.S.A. 65-
6601 through 65-6606, by Senator Salmans.

   SB 399, An act concerning the behavioral sciences regulatory board; relating to profes-
sions regulated by the board; relating to confidential communications; repealing K.S.A. 65-
6315, as amended by section 15 of chapter 117 of the 1999 Session Laws of Kansas, and
74-5323, as amended by section 28 of chapter 117 of the 1999 Session Laws of Kansas, and
K.S.A. 1998 Supp. 65-5810, as amended by section 9 of chapter 117 of the 1999 Session
Laws of Kansas, and K.S.A. 1998 Supp. 65-6410, as amended by section 23 of chapter 117
of the 1999 Session Laws of Kansas, and K.S.A. 1998 Supp. 74-5372, as amended by section
36 of chapter 117 of the 1999 Session Laws of Kansas, by Senator Salmans.

   SB 400, An act concerning insurance; relating to coverage for services provided by mental
health professionals; amending K.S.A. 40-2,104 and 40-2,114 and repealing the existing
sections, by Senator Salmans.

   SB 401, An act concerning the behavioral sciences regulatory board; relating to the pro-
fessions regulated by the board; amending K.S.A. 1998 Supp. 65-5808, as amended by
section 7 of chapter 117 of the 1999 Session Laws of Kansas, 65-6411, as amended by section
24 of chapter 117 of the 1999 Session Laws of Kansas, and 74-5365, as amended by section
33 of chapter 117 of the 1999 Session Laws of Kansas, and K.S.A. 1999 Supp. 65-6314, and
repealing the existing sections, by Senator Salmans.

   SB 402, An act concerning the Kansas tort claims act; relating to community mental
health centers; amending K.S.A. 75-6102 and repealing the existing section, by Senator
Salmans.

   SB 403, An act making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001, for the Kansas dental board, state bank commissioner, behav-
ioral sciences regulatory board, legislative coordinating council, legislature, division of post
audit, governors department, lieutenant governor, attorney general, secretary of state, state
treasurer, insurance department, judicial council, state board of indigents' defense services,
judicial branch, Kansas public employees retirement system, governmental ethics commis-
sion, Kansas human rights commission, state corporation commission, citizens utility rate-
payer board, department of administration, state board of tax appeals, department of rev-
enue, Kansas lottery, Kansas racing and gaming commission, department of commerce and
housing, Kansas, Inc., Kansas technology enterprise corporation, department of human re-
sources, Kansas commission on veterans affairs, department of health and environment,
department on aging, department of social and rehabilitation services, Kansas guardianship
program, department of education, state library, Kansas arts commission, Kansas state school
for the blind, Kansas state school for the deaf, state historical society, Fort Hays state
university, Kansas state university, Kansas state university extension systems and agriculture
research programs, Kansas state university veterinary medical center, Emporia state uni-
versity, Pittsburg state university, university of Kansas, university of Kansas medical center,
Wichita state university, state board of regents, department of corrections, juvenile justice
authority, adjutant general, state fire marshal, Kansas parole board, Kansas highway patrol,
attorney general Kansas bureau of investigation, emergency medical services board, Kansas
sentencing commission, ombudsman of corrections, Kansas department of agriculture, Kan-
sas animal health department, state fair board, Kansas wheat commission, state conservation
commission, Kansas water office, department of wildlife and parks and department of trans-
portation; authorizing certain transfers and capital improvement projects, imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing; amending K.S.A. 1999 Supp. 79-34,147 and repealing
the existing section, by Committee on Ways and Means.

SENATE CONCURRENT RESOLUTIOIN No. 1621--

  By Senator Emert
  A  PROPOSITION to amend sections 3 and 7 of article 6 of the constitution
of the state of Kansas.


Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the Senate and two-thirds of the members elected (or
      appointed) and qualified to the House of Representatives 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:
Sections 3 and 7 of article 6 of the constitution of the state of Kansas are hereby amended
to read as follows:

      ``§  3. Members of state board of education and state board of regents. (a) From
      and after January 10, 2001, there shall be ten eleven members of the state board of
      education with. Ten members shall be elected to overlapping terms as the legislature may
      prescribe. One member, who shall be a qualified elector of this state, shall be appointed
      by and serve at the pleasure of the governor. Such member shall be eligible to be elected
      chairperson of the board. The legislature shall make provision for ten member districts,
      each comprised of four contiguous senatorial districts. The electors of each member
      district shall elect one person residing in the district as a member of the board. The
      legislature shall prescribe the manner in which vacancies occurring on the board shall
      be filled.

       (b) The state board of regents shall have nine members with overlapping terms as
      the legislature may prescribe. Members shall be appointed by the governor, subject to
      confirmation by the senate. One member shall be appointed from each congressional
      district with the remaining members appointed at large, however, no two members shall
      reside in the same county at the time of their appointment. Vacancies occurring on the
      board shall be filled by appointment by the governor as provided by law.

       (c) Subsequent redistricting shall not disqualify any member of either board from
      service for the remainder of his such member's term. Any member of either board may
      be removed from office for cause as may be provided by law.

       ``§  7. Savings clause. (a) All laws in force at the time of the adoption of this amend-
      ment and consistent therewith shall remain in full force and effect until amended or
      repealed by the legislature. All laws inconsistent with this amendment, unless sooner
      repealed or amended to conform with this amendment, shall remain in full force and
      effect until July 1, 1969 2001.

       (b) Notwithstanding any other provision of the constitution to the contrary, no state
      superintendent of public instruction or county superintendent of public instruction shall
      be elected after January 1, 1967.

       (c) The state perpetual school fund or any part thereof may be managed and invested
      as provided by law or all or any part thereof may be appropriated, both as to principal
      and income, to the support of the public schools supervised by the state board of
      education.''

      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

      ``Explanatory statement. The constitution of this state provides that a ten-member state
            board of education be elected from member districts which are each composed of
            four state senatorial districts.

            ``A vote for this proposition would increase the number of members on the board from
            10 to 11 with the provision that one member be appointed by and serve at the
            pleasure of the governor. The other 10 members would continue to be elected from
            10 member districts.

            ``A vote against this proposition would retain the composition of the board with 10
            members.''

            Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives 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.

      SENATE CONCURRENT RESOLUTION No. 1622--

  By Senators Jordan and Lawrence


A  PROPOSITION to amend sections 3 and 7 of article 6 of the constitution of the state of
Kansas, relating to the state board of education.


Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the Senate and two-thirds of the members elected (or
      appointed) and qualified to the House of Representatives 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
3 of article 6 of the constitution of the state of Kansas is hereby amended to read as follows:

      ``§  3. Members of state board of education and state board of regents. (a) There
      shall be ten members of From and after January 13, 2003, the state board of education
      shall have eleven members with overlapping terms as the legislature may prescribe. The
      legislature shall make provision for ten member districts, each comprised of four con-
      tiguous senatorial districts. Members of the state board of education shall be elected from
      eleven single-member districts prescribed by law. The electors of each member district
      shall elect one person residing in the district as a member of the board. The legislature
      shall prescribe the manner in which vacancies occurring on the board shall be filled.

       ``(b) The state board of regents shall have nine members with overlapping terms as
      the legislature may prescribe. Members shall be appointed by the governor, subject to
      confirmation by the senate. Not less than one member shall be appointed from each
      congressional district with the remaining members appointed at large, however, no two
      members shall reside in the same county at the time of their appointment. Vacancies
      occurring on the board shall be filled by appointment by the governor as provided by
      law.

       ``(c) Subsequent redistricting shall not disqualify any member of either board from
      service for the remainder of his a full term of office. Any member of either board may
      be removed from office for cause as may be provided by law.

       ``§  7. Savings clause. (a) All laws in force at the time of the adoption of this amend-
      ment and consistent therewith shall remain in full force and effect until amended or
      repealed by the legislature. All laws inconsistent with this amendment, unless sooner
      repealed or amended to conform with this amendment, shall remain in full force and
      effect until July 1, 1969 2001.

       (b) Notwithstanding any other provision of the constitution to the contrary, no state
      superintendent of public instruction or county superintendent of public instruction shall
      be elected after January 1, 1967.

       (c) The state perpetual school fund or any part thereof may be managed and invested
      as provided by law or all or any part thereof may be appropriated, both as to principal
      and income, to the support of the public schools supervised by the state board of
      education.''

      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

      ``Explanatory statement. The constitution of this state provides that a ten-member state
            board of education be elected from member districts which are each composed of
            four state senatorial districts.

            ``A vote for this proposition would increase the number of members on the board from
            10 to 11, eliminate the requirement that each state board of education member
            district be composed of four state senatorial districts, and provide for establishment
            by law of state board of education member districts as is the case for establishment
            of member districts of legislators.

            ``A vote against this proposition would retain the composition of the state of education
            board with 10 members and continue the requirement that each state board of
            education member district be composed of four state senatorial districts.''

            Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives 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.

    SENATE CONCURRENT RESOLUTION No. 1623--

  By Senator Lawrence
  A  PROPOSITION to amend section 5 of article 2 of the constitution of the state of Kansas,
relating to qualifications and eligibility of members of the legislature.


Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the Senate and two-thirds of the members elected (or
      appointed) and qualified to the House of Representatives 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
5 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:

       ``§  5. Eligibility and disqualification of members. No member of congress and
      no civil officer or employee of the United States or of any department, agency, or
      instrumentality thereof shall be eligible to be a member of the legislature. No member
      of the state legislature shall be eligible for or hold any office, membership or employment
      in the judicial or executive branches of state government or any instrumentality thereof.
      Any member of the legislature who accepts any appointment or election contrary to the
      foregoing shall be disqualified as a member of the legislature.''

      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 disqualify any member of
            the state legislature who is employed by, or is appointed or elected to any office or
            position in the judicial or executive branches of state government from serving as a
            member of the state legislature.

            ``A vote for this proposition would disqualify any state legislator who is appointed, elected
            or employed in the judicial or executive branch of state government during such
            legislator's term of office.

            ``A vote against this proposition would retain the current qualifications for members of
            the state legislature which qualifications do not include a prohibition against a state
            legislator's appointment, election or employment within the judicial or executive
            branches of state government.''

            Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives, 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 to be held on November 7, 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.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 In accordance with Senate Rule 32, the following prefiled bills were referred as follows:

   Assessment and Taxation: SB 374, 376, 377, 378, 379, 395.

 Commerce: SB 393.

 Committee of the Whole: SB 403.

 Education: SB 368, 380 (separately), 381 (separately); SCR 1621, 1622.

 Elections and Local Government: SB 371, 373, 389, 392.

 Energy and Natural Resources: SB 388.

 Federal and State Affairs: SB 367, 375, 387, 394.

 Judiciary: SB 370, 382, 383, 384, 386; SCR 1623.

 Public Health and Welfare: SB 372, 385.

 Transportation and Tourism: SB 369.

 Ways and Means: SB 380, (separately), 381 (separately), 390, 391.
MESSAGE FROM THE GOVERNOR
  May 21, 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 May 21, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Member, State Banking Board, Eleanor M. Deterich, pursuant to the authority vested in
me by KSA 74-3004, effective upon the date of confirmation by the Senate to serve a three-
year term expiring March 15, 2002.

  Member, State Banking Board, Denis W. Miller, pursuant to the authority vested in me by
KSA 74-3004, effective upon the date of confirmation by the Senate to serve a three-year
term expiring March 15, 2002.

  Member, State Banking Board, Benjamin F. Zimmerman, pursuant to the authority vested
in me by KSA 74-3004, effective upon the date of confirmation by the Senate to serve a
three-year term expiring March 15, 2002.

  Member, Kansas Development Finance Authority, Robert I. Guenthner, pursuant to the
authority vested in me by KSA 74-8903, effective upon the date of confirmation by the
Senate to serve a four-year term expiring March 15, 2003.

  Member, Kansas Development Finance Authority, William Bartley Hildreth, pursuant to the
authority vested in me by KSA 74-8903, effective upon the date of confirmation by the
Senate to serve a four-year term expiring March 15, 2003.

  Member, Kansas Lottery Commission, James W. Cates, pursuant to the authority vested in
me by KSA 74-8709, effective upon the date of confirmation by the Senate to serve a four-
year term expiring March 15, 2003.

  Member, Kansas Lottery Commission, G. Craig Robinson, pursuant to the authority vested
in me by KSA 74-8709, effective upon the date of confirmation by the Senate to serve a
four-year term expiring March 15, 2003.

    June 21, 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 June 21, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Member, Kansas Parole Board, Carl Cushinberry, pursuant to the authority vested in me by
KSA 22-3707, effective upon the date of confirmation by the Senate to serve a four year
term expiring January 15, 2003.

  Member, Kansas Board of Regents, Clay C. Blair III, pursuant to the authority vested in me
by SB 345, effective upon the date of confirmation by the Senate to serve a two-year term
expiring June 30, 200l.

  Member, Kansas Board of Regents, Harry W. Craig, Jr., pursuant to the authority vested in
me by SB 345, effective upon the date of confirmation by the Senate to serve a two-year
term expiring June 30, 2001.

  Member, Kansas Board of Regents, Janice DeBauge, pursuant to the authority vested in me
by SB 345, effective upon the date of confirmation by the Senate to serve a four-year term
expiring June 30, 2003.

  Member, Kansas Board of Regents, William R. Docking, pursuant to the authority vested in
me by SB 345, effective upon the date of confirmation by the Senate to serve a two-year
term expiring June 30, 2001.

  Member, Kansas Board of Regents, Floris Jean Hampton, pursuant to the authority vested
in me by SB 345, effective upon the date of confirmation by the Senate to serve a three-
year term expiring June 30, 2002.

  Member, Kansas Board of Regents, Fred Kerr, pursuant to the authority vested in me by
SB 345, effective upon the date of confirmation by the Senate to serve a four-year term
expiring June 30, 2003.

  Member, Kansas Board of Regents, Sylvia L. Robinson, pursuant to the authority vested in
me by SB 345, effective upon the date of confirmation by the Senate to serve a three-year
term expiring June 30, 2002.

  Member, Kansas Board of Regents, Jack Wempe, pursuant to the authority vested in me by
SB 345, effective upon the date of confirmation by the Senate to serve a four-year term
expiring June 30, 2003.

  July 6, 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 July 6, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Member, Kansas Board of Regents, Stephen L. Clark, pursuant to the authority vested in
me by SB 345, effective upon the date of confirmation by the Senate to serve a three-year
term expiring June 30, 2002.

  Member, Kansas Civil Service Board, J. Richard (Dick) Pratt, pursuant to the authority
vested in me by KSA 75-2929a, effective upon the date of confirmation by the Senate to
serve a four-year term expiring March 15, 2003.

  August 23, 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 August 23, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Kansas Human Rights Commission, Beth M. Bradrick, pursuant to the authority vested in
me by KSA 44-1003, effective upon the date of confirmation by the Senate to serve a four-
year term expiring January 15, 2003.

  Kansas Human Rights Commission, Robert G. Lay, pursuant to the authority vested in me
by KSA 44-1003, effective upon the date of confirmation by the Senate to fulfill a term
expiring January 15, 2000, and to serve a succeeding four-year term expiring January 15,
2004.



October 12, 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 October 12, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Kansas Performance Review Board, Arthurine D. Criswell, pursuant to the authority vested
in me by KSA 75-7102, effective upon the date of confirmation by the Senate to serve a
four-year term expiring June 30, 2002.

  Kansas Performance Review Board, William J. Falstad, pursuant to the authority vested in
me by KSA 75-7102, effective upon the date of confirmation by the Senate to serve a four-
year term expiring June 30, 2002.

  Kansas Technology Enterprise Corporation, Tom W. Bryant, pursuant to the authority
vested in me by KSA 74-8101, effective upon the date of confirmation by the Senate to
fulfill an unexpired term ending January 15, 2000, and serve a succeeding four-year term
expiring January 15, 2004.

December 8, 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 December 8, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


Kansas Civil Service Board, Glenn W. Fisher, pursuant to the authority vested in me by
KSA 75- 2929a, effective upon the date of confirmation by the Senate to serve a four-year
term expiring March 15, 2002.

  Kansas Corporation Commission, Cynthia L. Claus, pursuant to the authority vested in me
by KSA 74-601, effective upon the date of confirmation by the Senate to serve a four-year
term expiring March 15, 2003.

  Board of Indigents Defense Services, T. Lynn Ward, pursuant to the authority vested in me
by KSA 22-4519, effective upon the date of confirmation by the Senate to serve a three-
year term ending January 15, 2001.

  Kansas, Inc., Francis Clifford, pursuant to the authority vested in me by KSA 74-8001,
effective upon the date of confirmation by the Senate to fulfill an unexpired term ending
January 15, 2000, and serve a succeeding four-year term expiring January 15, 2004.

    December 8, 1999
  To the Senate of the State of Kansas:
   Please be advised that the previously submitted name for confirmation by the Senate on
October 12, 1999, is now hereby withdrawn.

                                                                                    Bill Graves

                                                                                    Governor


Kansas Performance Review Board, Arthurine D. Criswell, pursuant to the authority vested
in me by KSA 75-7102, effective upon the date of confirmation by the Senate to serve a
four-year term expiring June 30, 2002.

COMMUNICATIONS FROM STATE OFFICERS
  January 10, 2000
The Honorable Dick Bond

President, Kansas State Senate

State Capitol

Topeka, KS 66612

Dear President Bond:

   As provided in K.S.A. 75-105, I have received from the Honorable Bill Graves, Governor
of the State of Kansas, since the adjournment of the 1999 session of the legislature the
following communications:

   Executive Directives Nos. 99-280, 99-281, 99-282, 99-283, 99-284, 99-285, 99-286, 99-
287, 99-288, 99-289, 99-290, 99-291, 99-292 and 99-293 all relating to Authorizing Certain
Expenditures and Authorizing Certain Personnel Transactions.

   Also, Executive Order No. 99-6, designating the Kansas Workforce Investment Partner-
ship (KWIP) as the State Workforce Investment Board as set forth in 29 U.S.C. Sec. 2821(a)
& (e).

   Executive Order No. 99-7, offering a reward of five thousand dollars for information
leading to the arrest and conviction of the person or persons responsible for the disappear-
ance of Margaret M. Tighe.

   Executive Order No. 99-8, offering a reward of five thousand dollars for information
leading to the arrest and conviction of the murderer of Lawrence Don Brooks.

   Executive Order No. 99-9, providing certain procedures for acquiring contractual and
professional services for state agencies.

   Executive Order No. 99-10, offering a reward of five thousand dollars for information
leading to the arrest and conviction of the murderer of Clarence E. Rinke.

   Executive Order No. 99-11, establishing a special holiday pay, which at the discretion of
the agency appointing authority, eligible exempt and non-exempt employees may receive a
gross lump sum bonus equal to 100% of the regular rate of pay for those hours actually
worked between the hours of 6:00 p.m. December 31, 1999, through 6:00 p.m. January 1,
2000. This pay is limited to a maximum of $400 per employee.

  Sincerely,

  Pat Saville

Secretary of the Senate

January 10, 2000
The Honorable Dick Bond

President, Kansas State Senate

State Capitol

Topeka, KS 66612

  Dear President Bond:

  This letter is to advise you that the Office of the Secretary of the Senate has received the
following communications during the interim since adjournment of the 1999 Regular Session
of the Legislature:

  Maryland Senate Joint Resolution 7 and House Joint Resolution 8, State Regulation of Self-
Funded Employer-Based Health Plans, requesting the U.S. Congress amend the Employ-
ment Retirement Income Security Act of 1974 to authorize each state to monitor and to
regulate self- funded employer-based health plans in the interest of providing greater con-
sumer protection and effecting significant health care reforms at the state level through the
offices of the various insurance commissioners and states attorneys general.

  Central Interstate Low-Level Radioactive Waste Commission, submitting the 1998-1999
Annual Report.

  Department of Administration, Division of Accounts and Reports, submitting the Annual
Financial Report, July 1, 1998 to June 30, 1999, to the Legislature.

  Department of Administration, Division of Accounts and Reports, submitting Monthly Fi-
nancial Reports for the months of April through November 1999.

  Department of Health and Environment, submitting the Kansas Water Pollution Control
Revolving Loan Fund Annual Report for Federal Fiscal Year 1998.

  Department of Human Resources, submitting the Employment Security Advisory Council
1999 Annual Report.

  Department of Revenue, submitting the Fiscal Year Ending June 30, 1998 Annual Report.

  Insurance Commissioner, Kathleen Sebelius, submitting the Kansas Workers Compensation
Fund Annual Report for Fiscal Year 1999.

  Kansas and Missouri Metropolitan Culture District Commission, submitting Comprehensive
Annual Financial Report for period ended December 31, 1998.

  Kansas Commission on Disability Concerns, submitting Annual Report Fiscal Year 1999.

  Kansas Corporation Commission, submitting Telecommunications Report to the 2000 Kan-
sas Legislature

  Kansas Human Rights Commission, submitting the Annual Report for FY 1999.

  Kansas, Inc., submitting the 1999 Annual Report.

  Kansas Public Employees Retirement System, submitting Comprehensive Annual Financial
Report for Fiscal Year ending June 30, 1999.

  Kansas Racing and Gaming Commission, submitting Annual Report for 1997 and 1998.

  Kansas Water Authority, submitting the Report to the Governor and 2000 Legislature on
Recommendations to Implement the Kansas Water Plan for FY 2001.

  Pooled Money Investment Board, submitting the annual report for fiscal year ending June
30, 1999.

  University of Kansas Hospital Authority, submitting the First Annual Report and the Nine-
Month Report of Independent Auditors for fiscal year ending June 30, 1999.

  Sincerely,

  Pat Saville

Secretary of the Senate

   These communications are on file in the office of the Secretary of the Senate and are
available for review at any time by members of the legislature.

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

SENATE RESOLUTION No. 1801--

  A  RESOLUTION congratulating and commending Amy Viola Botham.


      WHEREAS,  Amy Viola Botham will celebrate her 100th birthday December 19, 1999;
and

      WHEREAS,  Amy Viola Botham, nee Farmer, was born to Samuel and Thella Farmer
on a farm in Coffey County and spent most of her life in Coffey County. She graduated
from the eighth grade at Eagle Creek school, a one-room school east of Burlington. As a
child she helped with chores on the family farm and developed a love for dancing while
accompanying her father to dances where he played the fiddle. She has enjoyed dancing
her entire life and still goes to dances on Saturday nights in Harris. She worked as a house-
keeper and at the National Biscuit Company and Wilson Packing Company, both in Kansas
City; and

      WHEREAS,  Amy Viola Farmer married Thomas Botham, a farmer, on July 29, 1919.
They lived on a farm most of their marriage where Amy Viola helped with the farm work.
She milked cows, churned butter, made cottage cheese and sold eggs and milk to customers
in Emporia. She also helped with the field work driving a team of horses to cultivate their
crops. They became the parents of a son, Clayton, on June 8, 1920; and

      WHEREAS,  Amy Viola Botham and her husband moved to Burlington in 1971. He died
in 1974. She still lives in Burlington as well as her son, Clayton, now a retired farmer; and

      WHEREAS,  Amy Viola Botham is an active member of the Christian Church in Bur-
lington. She enjoys handwork and has made countless beautiful quilts. She ``always likes to
help others, but doesn't want people to do for her'': Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Amy Viola Botham upon the celebration of her 100th birthday and the long and rich life
she has enjoyed; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Senator Vratil.

 On emergency motion of Senator Vratil SR 1801 was adopted unanimously.

MESSAGE FROM THE HOUSE
[e Announcing adoption of HCR 5048, a concurrent resolution relating to a committee to wait
upon the Governor and advise him the 2000 session of the legislature is organized and ready
to receive communications, and the appointment of Representatives as members of the
committee to wait upon the governor.

 Also, announcing adoption of HCR 5049, a concurrent resolution providing for a joint
session of the Senate and House of Representatives for the purpose of hearing a message
from the Governor, and the appointment of Representatives Huff, Weber, Henry to escort
the Governor.

 Also, Representatives Neufeld, Wagle, McClure to escort the Lieutenant Governor.

 Also, Representatives Mays, ONeal, Wells to escort the Supreme Court.

 Also, Representatives Wilk, Hayzlett, Feuerborn to escort the Senate.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HCR 5048, a concurrent resolution relating to a committee to inform the governor that
the two houses of the legislature are duly organized and ready to receive communications,
was introduced and read by title.

 On emergency motion of Senator Emert, HCR 5048 was adopted by voice vote.

 In compliance with HCR 5048, President Bond appointed Senator Becker and Senator
Stephens as Senate members of the committee to notify the Governor the Senate is
organized.

 HCR 5049, a concurrent resolution providing for a joint session of the Senate and House
of Representatives for the purpose of hearing a message from the Governor, was introduced
and read by title.

 On emergency motion of Senator Emert, HCR 5049 was adopted by voice vote.

 In compliance with HCR 5049, the President appointed Senator Steffes and Senator
Barone to escort the Governor; Senator Umbarger and Senator Gilstrap to escort the Lt.
Governor; and Senator Donovan and Senator Petty to escort the Supreme Court.

REPORTS OF STANDING COMMITTEES
 Your Committee on Confirmations 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:

State Banking Board: K.S.A. 74-3004

 Eleanor M. Deterich, term expires March 15, 2002

 Denis W. Miller, term expires March 15, 2002

 Benjamin F. Zimmerman, term expires March 15, 2002

Kansas Development Finance Authority: K.S.A. 74-8903

 Robert Guenthner, term expires March 15, 2003

 William Bartley Hildreth, term expires March 15, 2003

Kansas Lottery Commission: K.S.A. 74-8709

 James W. Cates, term expires March 15, 2003

 G. Craig Robinson, term expires March 15, 2003

Kansas Parole Board: K.S.A. 22-3707

 Carl Cushinberry, term expires January 15, 2003

Kansas Board of Regents: K.S.A. 74-3201

 Clay Blair III, term expires June 30, 2001

 Harry Craig, Jr., term expires June 30, 2001

 Janice DeBauge, term expires June 30, 2003

 William Docking, term expires June 30, 2001

 Floris Jean Hampton, term expires June 30, 2002

 Fred Kerr, term expires June 30, 2003

 Sylvia Robinson, term expires June 30, 2002

 Jack Wempe, term expires June 30, 2003

 Stephen Clark, term expires June 30, 2002

Kansas Civil Service Board: K.S.A. 75-2929a

 Glenn W. Fisher, term expires March 15, 2002

 Dick Pratt, term expires March 15, 2003

Kansas Corporation Commission: K.S.A. 74-601

 Cynthia L. Claus, term expires March 15, 2003

Board of Indigents' Defense Services: K.S.A. 22-4519

 T. Lynn Ward, term expires January 15, 2001

Kansas, Inc.: K.S.A. 74-8001

 Francis Clifford, term expires January 15, 2000

 Francis Clifford, term expires January 15, 2004

Kansas Performance Review Board: K.S.A. 75-7102

 William J. Falstad, term expires June 30, 2002

Kansas Technology Enterprise Corporation: K.S.A. 74-8101

 Tom W. Bryant, term expires January 15, 2000

 Tom W. Bryant, term expires January 15, 2004

Kansas Human Rights Commission: K.S.A. 44-1003

 Beth Bradrick, term expires January 15, 2003

 Robert Lay, term expires January 15, 2000

 Robert Lay, term expires January 15, 2004

Kansas Water Authority: K.S.A. 74-2622

 Kent Lamb, serves at the pleasure of the Governor

   The President announced the Senate would recess until 6:00 p.m. for the purpose of a
joint meeting with the House of Representatives to hear the State of the State Address by
Governor Graves.

INTRODUCTIONS
 President Bond introduced as guests of the senate Supreme Court Justices, Chief Justice
Kay McFarland, Justice Donald Allegrucci, Justice Fred Six, Justice Bob Abbott and Justice
Robert Davis to view the recently restored chamber prior to attending the Governors State
of the State Address.

   On motion of Senator Emert the Senate adjourned until 10:00 a.m., Tuesday, January
11, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.