January 25, 2000

Journal of the Senate

ELEVENTH DAY ______

Senate Chamber, Topeka, Kansas

Tuesday, January 25, 2000--2:30 p.m.

The Senate was called to order by President Dick Bond.

The roll was called with thirty-nine senators present.

Senator Praeger was excused.

Invocation by Chaplain Fred S. Hollomon:

As we embark on the year 2000 help us to grow intellectually, emotionally, socially and
spiritually.

Help us be serious without being sour.

Help us be persistent without being a pest.

Help us be strong without being stressed.

Help us be in charge without being intimidating.

Help us be loose without being losers.

Help us be winsome without being wimps.

Help us be confident without being conceited.

Help us be convincing without being condemning.

And most importantly . . . . . . .

Help us be godly without acting like we are God.

I pray in the Name of Jesus,

AMEN

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

SB 476, An act relating to sales taxation; exempting sales of certain fruits and vegetables;
amending K.S.A. 1999 Supp. 79-3606 and repealing the existing section, by Committee on
Agriculture.

SB 477, An act relating to cities and counties; enacting the city and county development
activity excise tax act, by Committee on Elections and Local Government.

SB 478, An act amending the junkyard and salvage control act; relating to county and
township highways; amending K.S.A. 68-2204, 68-2205 and 68-2207 and repealing the
existing sections, by Committee on Transportation and Tourism.

SB 479, An act concerning electricians; relating to licensure thereof; amending K.S.A.
1999 Supp. 12-1525 and repealing the existing section, by Committee on Commerce.

SB 480, An act concerning certain county attorneys; relating to the duties thereof, by
Senator Stephens.

SB 481, An act relating to state finances; concerning budget estimates for the
governmental ethics commission; amending K.S.A. 75-3717 and repealing the existing
section, by Committee on Ways and Means.

SB 482, An act concerning children; prescribing certain duties and responsibilities for
the secretary of social and rehabilitation services; amending K.S.A. 38-1501, 38-1523a and
75-3329 and K.S.A. 1999 Supp. 38-1502, 38-1507, 38-1507b, 38-1513, 38-1544, 38-1562,
38-1563, 38-1565, 38-1581, 38-1582, 38-1591 and 38-1608 and repealing the existing
sections, by Committee on Judiciary.

SB 483, An act concerning civil procedure; relating to service of process; amending K.S.A.
60-304 and repealing the existing section, by Committee on Judiciary.

SB 484, An act concerning crimes, criminal procedure and punishment; relating to
domestic battery; amending K.S.A. 1999 Supp. 21-3412 and repealing the existing section,
by Committee on Judiciary.

SB 485, An act concerning nonprobate transfer on death; relating to nontestamentary
nature, by Committee on Judiciary.

SB 486, An act establishing the state debt reduction fund; providing for transfers of
moneys thereto, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch,
Goodwin, Jones, Lee, Petty, Steineger and Stephens.

SENATE CONCURRENT RESOLUTION No. 1630--

By Committee on Energy and Natural Resources

A CONCURRENT RESOLUTION urging the Kansas Water Office to pursue the
purchase of water supply storage capacity in Kanopolis Reservoir from the United States
Army Corps of Engineers.

Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Kansas Water Office be urged to pursue as expeditiously as possible the
purchase and acquisition of water supply storage capacity in Kanopolis Reservoir; and

Be it further resolved: That the United States Army Corps of Engineers be requested
to cooperate with the Kansas Water Office in negotiating the sale of water supply storage
capacity in Kanopolis Reservoir in a timely manner and under reasonable terms; and

Be it further resolved: That the Secretary of State be directed to send an enrolled copy
of this resolution to the United States Army Corps of Engineers.

SENATE CONCURRENT RESOLUTION No. 1631--

By Committee on Assessment and Taxation

A PROPOSITION to amend article 11 of the constitution of the state of Kansas by adding
a new section thereto relating to the imposition of certain retailers' sales and
compensating use taxes for the use and benefit of soil and water conservation; for the
development, maintenance and operation of state parks and lakes; and for wildlife
restoration habitat programs.

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: Article
11 of the constitution of the state of Kansas is hereby amended by adding a new section
thereto to read as follows:

``§ 14. (a) (1) On and after January 1, 2001, for the privilege of engaging in the business
of selling tangible personal property at retail in this state or rendering or furnishing any of
the services taxable under the Kansas retailers' sales tax act, there is hereby imposed and
there shall be collected and paid a tax at the rate of .25% upon the gross receipts paid
therefor.

``(2) On and after January 1, 2001, for the privilege of using, storing or consuming within
this state any article of tangible personal property, there is hereby imposed and there shall
be collected and paid a tax at the rate of .25% upon the gross receipts paid therefor.

``(b) Such taxes shall be in addition to all other taxes authorized by law, and shall be
identical in their application, exemptions, administration, enforcement and collection as
taxes imposed and collected pursuant to the Kansas retailers' sales tax and Kansas
compensating tax acts and rules and regulations authorized thereby.

``(c) Of all moneys received by the state treasurer pursuant to this section, except that
required for the payment of refunds, 50% shall be credited to the soil and water sales tax
fund, which is hereby created; 25% shall be credited to the state park and lakes sales tax
fund, which is hereby created; and 25% shall be credited to the wildlife restoration sales tax
fund, which is hereby created. Moneys credited to the soil and water sales tax fund shall be
used only for the saving of the soil and water of Kansas and for the conservation of the
productive power of Kansas agricultural land. Moneys credited to the state park and lakes
sales tax fund shall be used only for the development, maintenance and operation of state
parks and lakes. Moneys credited to the wildlife restoration sales tax fund shall be used only
for wildlife restoration habitat programs which are privately maintained. Moneys credited
to such funds shall be invested in the manner prescribed by law and all income derived
therefrom shall be credited to such funds.''

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

``Explanatory statement. The purpose of this proposition is to allow the voters to decide
if the retailers' sales and compensating use tax should be increased by a quarter of
a cent and the proceeds be placed in special funds and used only for the purpose of
providing additional moneys for the use and benefit of soil and water conservation;
for the development, maintenance and operation of state parks and lakes; and for
wildlife restoration habitat programs.

``A vote for this proposition would provide for the imposition of such additional retailers'
sales and compensating use taxes and require that the proceeds be used only for the
use and benefit of soil and water conservation; for the development, maintenance
and operation of state parks and lakes; and for wildlife restoration habitat programs.

``A vote against this proposition would provide no constitutional requirement for the
imposition of additional retailers' sales and compensating use taxes for the use and
benefit of soil and water conservation; for the development, maintenance and
operation of state parks and lakes; and for wildlife restoration habitat programs.''

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.

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

Assessment and Taxation: SB 474.

Energy and Natural Resources: SB 469.

Federal and State Affairs: SB 475.

Judiciary: SB 468, 470, 471, 472, 473.

CHANGE OF REFERENCE
The President withdrew Sub HB 2013 from the calendar under the heading of General
Orders, and rereferred the bill to the Committee on Federal and State Affairs.

MESSAGE FROM THE GOVERNOR
January 24, 2000 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 January 24, 2000, pursuant to law.

Bill Graves

Governor

Member, Kansas Parole Board, Larry D. Woodward, 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, 2004.

Member, Kansas, Inc., Stanley Ahlerich, pursuant to the authority vested in me by KSA 74-
8001, effective upon the date of confirmation by the Senate to serve a four-year term
expiring January 15, 2004.

Member, Kansas, Inc.. Peter Brungardt, pursuant to the authority vested in me by KSA 74-
8001, effective upon the date of confirmation by the Senate to serve a four-year term
expiring January 15, 2004.

Member, Kansas, Inc., Kathleen Clark, pursuant to the authority vested in me by KSA 74-
8001, effective upon the date of confirmation by the Senate to serve a four-year term
expiring January 15, 2004.

COMMUNICATIONS FROM STATE OFFICERS
KANSAS WATER OFFICE January 14, 2000

Al LeDoux, Director, Kansas Water Office, submitted five water supply contracts nego-
tiated under the provision of the State Water Plan Storage Act (K.S.A. 82a-1301 et al.) and
approved by the Kansas Water Authority during the calendar year 1999.

They included the contract between the State of Kansas and the City of Peabody for a
Municipal and Industrial Water Supply from Marion Lake (Water Purchase Contract No.
99-1); between the State of Kansas and Marion County Rural Water District No. 5 for a
Public Water Supply from Marion Lake (Water Purchase Contract No. 99-2); between the
State of Kansas and Jost Farms for an Interim Irrigation Water Supply from Marion Lake
(Surplus Water Purchase Contract Numbers 99-03 and 99-04; and between the State of
Kansas and Farmland Industries for an Industrial Water Supply from Elk City Lake (Water
Purchase Contract Number 99-5).

The President announced the above communications are on file in the office of the
Secretary of the Senate and are available for review at any time.

REFERRAL OF WATER SUPPLY CONTRACTS
The President referred the water supply contracts submitted by Al LeDoux, Director,
Kansas Water Office, to the Committee on Energy and Natural Resources.

REPORTS OF STANDING COMMITTEES
Committee on Transportation and Tourism recommends SB 21, 66, as amended by
Senate Committee, 77, 134, 153, 293 be not passed.

REPORT ON ENGROSSED BILLS
SB 39 reported correctly re-engrossed January 25, 2000.

REPORT ON ENROLLED BILLS
SR 1805 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on January 25, 2000.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, January
26, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.