February 3, 2000

Journal of the Senate

EIGHTEENTH DAY
______
Senate Chamber, Topeka, Kansas
Thursday, February 3, 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 Emert was excused.

 President Bond introduced as guest chaplain, Dr. Edward J. Farris, International Mission
Board of the Southern Baptist Convention, headquartered in Richmond, Virginia and
missionary to Brazil, who delivered the invocation:

   Our Father, we recognize that you are the source of all power and authority. As your
Word so clearly states, ``Blessed is the nation whose God is the Lord.'' You have made man
stewards to take care of this great universe you have created. We acknowledge that all
wisdom comes from you. We give you thanks for those gathered here today, elected by the
people of this great state, to govern this land. We ask for Godly wisdom to make decisions
that will affect the people of this state. We ask for your presence as they deal with the many
complex and often time difficult problems. Grant them your grace to meet the challenges
that they face this day. To You be Glory, and Honor forever, In the name of Jesus, Your
son and our savior. Amen

  GUEST

    A special welcome was extended to visiting Congressman Jerry Moran. 

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

   SB 560, An act enacting the streamlined sales tax system for the 21st century act, by
Committee on Assessment and Taxation.

 SB 561, An act concerning counties; relating to public bids; amending K.S.A. 19-214 and
repealing the existing section, by Committee on Elections and Local Government.

 SB 562, An act concerning confined feeding facilities for swine; amending K.S.A. 1999
Supp. 65-1,189 and 65-1,190 and repealing the existing sections, by Committee on Energy
and Natural Resources.

 SB 563, An act concerning contracts for state agencies; amending K.S.A. 75-3738 and
75-3740 and K.S.A. 1999 Supp. 74-8904 and 75-3739 and repealing the existing sections,
by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones,
Lee, Petty, Steineger and Stephens.

 SB 564, An act concerning grain storage; relating to public warehouses; amending K.S.A.
34-237 and 34-2,111 and K.S.A. 1999 Supp. 34-228, 34-229, 34-230, 34-236, 34-273 and
34-2,104 and repealing the existing sections, by Committee on Agriculture.

 SB 565, An act concerning agriculture; enacting the Kansas agricultural production
contract fair practices act; prescribing penalties for violations thereof, by Committee on
Agriculture.

 SB 566, An act concerning certain cities; relating to the change in classification thereof;
amending K.S.A. 14-101 and repealing the existing section, by Committee on Federal and
State Affairs.

 SB 567, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; death and disability benefits; employer contributions;
amending K.S.A. 1999 Supp. 74-4927 and repealing the existing section, by Committee on
Ways and Means.

 SB 568, An act concerning big game; relating to nonresident deer permits; amending
K.S.A. 1999 Supp. 32-937 and repealing the existing section, by Senators Umbarger, Becker,
Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Harrington,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Vidricksen and Vratil.

 SB 569, An act concerning the state board of education; relating to the election of the
members thereof; amending K.S.A. 25-101, 25-202, 25-1906, 25-3903, 25-3905 and 25-3906
and K.S.A. 1999 Supp. 25-1903 and 72-7504 and repealing the existing sections; also
repealing K.S.A. 1999 Supp. 25-3902a and 25-3904a, by Committee on Education.

 SB 570, An act concerning school district finance; relating to local option budgets;
increasing the state prescribed percentage; amending K.S.A. 1999 Supp. 72-6433 and
repealing the existing section, by Committee on Education.

      SENATE CONCURRENT RESOLUTION No. 1637--

  By Senators Tyson, Biggs, Huelskamp and Pugh

  A  PROPOSITION to amend section 2 of article 2 of the constitution

      of the state of Kansas, relating to senators and representatives.


        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
2 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:

      ``§  2. Senators and representatives. (a) The number of representatives and
      senators shall be regulated by law, but shall not exceed one hundred twenty-five
      representatives and forty senators. Representatives and senators shall be elected from
      single-member districts prescribed by law. Representatives shall be elected for two
      year terms. Senators shall be elected for four year terms. The terms of representatives
      and senators shall commence on the second Monday of January of the year following
      election.

            (b)  (1) From and after January 8, 2001, no individual shall be elected as a
      representative for more than a total aggregate of six two-year terms during the
      individual's lifetime.

            (2) From and after January 8, 2001, no individual shall be elected as a senator
      for more than a total aggregate three four-year terms during the individual's lifetime.

            (3) For the purpose of computing the aggregate time period in either paragraph
      (1) or (2) of this subsection, no time served as either a senator or representative prior
      to January 8, 2001, shall be counted.''

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

      ``Explanatory statement. This amendment would limit any individual's service as a
            state representative to a total of six two-year terms during the individual's lifetime
            regardless of when such service occurs. This amendment would limit any
            individual's service as a state senator to a total of three four-year terms during
            the individual's lifetime regardless of when such service occurs.

            ``A vote for this amendment favors limiting the amount of time that an individual
            can serve as a member of the house of representatives to an aggregate total of
            six two-year terms during the individual's lifetime and also limiting the amount
            of time that an individual can serve as a member of the senate to an aggregate
            total of three four-year terms during the individual's lifetime.

            ``A vote against this amendment favors retaining current constitutional provisions
            relating to the number of senators and legislators' terms.''

            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.

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

   Education: SB 552; HB 2622.

 Elections and Local Government: SB 551, 558; HB 2598.

 Financial Institutions & Insurance: SB 547, 548, 549.

 Judiciary: SB 550, 553, 559.

 Public Health and Welfare: SB 554, 555, 556, 557.

 Ways and Means: HB 2660.

MESSAGE FROM THE GOVERNOR
   SB 39 approved on February 2, 2000.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
   Senators Hensley, Downey, Gooch, Jones, Langworthy, Lawrence, Oleen, Petty and
Salisbury introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1807--

  A  RESOLUTION in memory of Onan C. Burnett.

        WHEREAS,  Onan C. Burnett, 78, of Topeka, died January 1, 2000, at a Topeka hospital;
and

      WHEREAS,  Onan Burnett was employed by the Topeka Public Schools for 37 years.
During his career, he was a legislative lobbyist and liaison for the Topeka Public Schools,
served as director of governmental affairs, as assistant director of special education, as a
hearings officer and as a school principal and administrator. He was instrumental in
establishing Capital City High School; and

      WHEREAS,  Onan Burnett was an adjunct professor at Kansas State University, a teacher
at the Boys' Industrial School, and served on the Kansas State Parole Board. He tutored
doctoral students at the University of Kansas specializing in the education of emotionally
disturbed children. He also was a teacher and coach at Sumner High School in Kansas City,
Kansas; and

      WHEREAS,  Onan Burnett was a staff sergeant in the Army Air Corps during World
War II, and served as a crew chief on B-29, B-25 and B-17 airplanes; and

      WHEREAS,  Onan Burnett attended Topeka Public Schools and graduated from
Highland Park High School. He graduated from Washburn University where he was an all-
conference end on the football team. He also received degrees from the University of
Pennsylvania and the University of Kansas; and

      WHEREAS,  Onan Burnett married Norma Jean Stewart on July 15, 1952, in Emporia.
She survives. Other survivors include a son, Kevin Lenel Burnett, Plano, Texas; a sister,
Evelyn Lorene Burnett, Topeka; and two grandchildren: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Onan Burnett; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Mrs. Onan C. Burnett at 2419 Western Avenue, Topeka,
KS 66611.

    On emergency motion of Senator Hensley SR 1807 was adopted unanimously.

   Senators Hensley, Salisbury and Bond shared thoughts regarding Mr. Burnett and
acknowledged members of the family, his wife, Norma Burnett, son Kevin and wife Darlene
and grandsons Ryan and Chandler Burnett; and friends, Wayne Franklin, Richard and
Frances Ridley, Dr. Ben Gaut, Dr. Robert McFrazier, Veryl Switzer and George Thompson.

 Friends in the gallery were also recognized.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends SB 455 be amended on page 1, in line 26,
after ``collecting'', by inserting ``on a monthly basis''; and the bill be passed as amended.

 Committee on Education recommends SB 380 be amended on page 1, in line 21, after
``states'', by inserting ``, the need to enhance the diversity of the student population at Kansas
institutions of postsecondary education,''; and the bill be passed as amended.

 Committee on Federal and State Affairs recommends SB 430 be amended on page
1, in line 19, by striking ``2,000'' and inserting ``5,000''; in line 24, by striking ``2,000'' and
inserting ``5,000''; in line 25, by striking ``2,000'' and inserting ``5,000''; following line 28, by
inserting:

      ``No such license shall be granted to any applicant under this section unless the board of
county commissioners of the county in which such township is located adopts a resolution
approving the issuance of such license. A certified copy of such resolution shall accompany
the application for a license authorized by this section.'';

      Also on page 1, in line 31, by striking ``2,000'' and inserting ``5,000''; by striking all in line
39, and inserting:

      ``Sec.  2. K.S.A. 41-318 is hereby amended to read as follows: 41-318. When application
for a retailer's license to sell alcoholic liquor in the original package in any city or township
as authorized by K.S.A. 41-303, and amendments thereto, is filed with the director, the
director shall notify the city clerk of the city or the township clerk of a township having a
population of more than 11,000, the township where such license is sought. Such notice
shall state the date and place where a hearing will be held on such application. No such
license shall be issued by the director until the expiration of at least 10 days from the time
of filing such application with the director, during which period the governing body of such
city or the township board of any such township may make advisory recommendations
relative to the granting or refusal to grant a license. The hearing on the application shall be
conducted in accordance with the provisions of the Kansas administrative procedure act.

      Sec.  3. K.S.A. 41-303 and 41-318 are hereby repealed.'';

      By renumbering section 3 as section 4;

      In the title, in line 10, following ``41-303'' by inserting ``and 41-318''; in line 11, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.

 Also, HB 2031; HB 2240 as amended by House Committee of the Whole, be not passed.

 Committee on Judidiary recommends SB 473 be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

 Also, SB 472 be amended on page 2, in line 26, by striking ``does result'' and inserting
``results''; in line 27, after ``revocation'' by inserting a comma; in lines 30, by striking ``does
result'' and inserting ``results''; in line 31, after ``revocation'' by inserting a comma; also in
line 31, after ``confinement'' by inserting a comma; in line 32, by striking ``not less than six
months nor more than'' and inserting ``to be determined by the Kansas parole board, which
shall not exceed''; in line 33, by striking ``as determined by the Kansas parole board''; also
in line 33, by striking ``The''; by striking all in line 34; on page 4, in line 10, by striking
``statute book'' and inserting ``Kansas register''; and the bill be passed as amended.

   On motion of Senator Vidricksen the Senate adjourned until 9:00 a.m., Friday, February
4, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.