February 17, 2000
Journal of the Senate
TWENTY-EIGHTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, February 17, 2000--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
The reason why I ran for office was because I believed I could be instrumental in
improving the quality of life for people in my district.
In order to make this happen
I must work a plan,
But I always must remember
The reason why I ran.
This doesn't mean the things I do
Would deserve a reprimand.
If that were so I would betray
The reason why I ran.
I simply must develop skills
Which help me work my plan.
It's the only way I can fulfill
The reason why I ran.
There are times when I can compromise
And do nothing underhand.
For the result would bring me closer to
The reason why I ran.
There are other times when compromise
Would ignore what You command;
And that would surely jeopardize
The reason why I ran.
So remind me if I wheel and deal
It really is YOUR plan;
So I'm not tempted to forget
The reason why I ran.
I pray in Jesus' Name,
AMEN
GUESTS
President Bond introduced students from A.Q. Miller School of Journalism, Kansas State
University, who were helping to provide legislative coverage for Kansas Week on public
television.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 638, An act making and concerning appropriations for the fiscal year ending June 30,
2001, for state agencies; authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations, and directing or authorizing certain receipts,
disbursements and acts incidental to the foregoing, by Committee on Ways and Means.
SB 639, An act making and concerning appropriations for the fiscal year ending June 30,
2001, for state agencies; authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations, and directing or authorizing certain receipts,
disbursements and acts incidental to the foregoing; amending K.S.A. 79-2959 and 82a-953a,
K.S.A. 1999 Supp. 79-2964 and 79-3425i and K.S.A. 1999 Supp. 79-34,147, as amended by
section 73 of 2000 Senate Bill No. 39, and repealing the existing sections, by Committee on
Ways and Means.
SB 640, An act concerning weights and measures; relating to inspections; amending
K.S.A. 83-304 and repealing the existing section, by Committee on Federal and State Affairs.
SB 641, An act concerning publication of notice of delinquent property taxes; amending
K.S.A. 19-547, 79-2001 and 79-2303 and repealing the existing sections, by Committee on
Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: Sub HB 2688.
Energy and Natural Resources: SB 636; HB 2659, 2781.
Federal and State Affairs: SB 637.
Public Health and Welfare: HB 2756.
REFERRAL OF APPOINTMENTS
The following appointments made by the Governor and submitted to the senate for
confirmation, were referred to Committees as indicated:
Board of Indigents' Defense Services, Bruce Beye, effective upon the date of confirmation
by the Senate to serve a three-year term expiring January 15, 2002.
(Judiciary)
Board of Indigents' Defense Services, Ruth Graham, effective upon the date of confirmation
by the Senate to serve a three-year term expiring January 15, 2002.
(Judiciary)
Board of Indigents' Defense Services, David Herndon, effective upon the date of
confirmation by the Senate to serve a three-year term expiring January 15, 2002.
(Judiciary)
Board of Indigents' Defense Services, Devon Knoll, effective upon the date of confirmation
by the Senate to serve a three-year term expiring January 15, 2003.
(Judiciary)
Board of Indigents' Defense Services, Willis Musick, effective upon the date of confirmation
by the Senate to serve a three-year term expiring January 15, 2003.
(Judiciary)
Board of Indigents' Defense Services, Denise Tomasic, effective upon the date of
confirmation by the Senate to serve a three-year term expiring January 15, 2003.
(Judiciary)
Brigadier General, Kansas Army National Guard, Jonathan Small, effective upon the date
of confirmation by the Kansas Senate for a period as provided in KSA 48-209, when
appointee reaches age 64.
(Federal and State Affairs)
Kansas Human Rights Commission, David Hanson, effective upon the date of confirmation
by the Senate to fulfill a term expiring January 15, 2002.
(Federal and State Affairs)
MESSAGE FROM THE GOVERNOR
February 16, 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 February 16, 2000, pursuant to law.
Bill Graves
Governor
Member, University of Kansas Hospital Authority, Eric Jager, pursuant to the authority
vested in me by KSA 76-3304, effective upon the date of confirmation by the Senate to
serve a three-year term expiring January 15, 2002.
Member, University of Kansas Hospital Authority, Charlie Sunderland, pursuant to the
authority vested in me by KSA 76-3304, effective upon the date of confirmation by the
Senate to serve a three-year term expiring January 15, 2002.
February 17, 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 February 17, 2000, pursuant to law.
Bill Graves
Governor
Member, Kansas Technology Enterprise Corporation, Donald Beggs, pursuant to the
authority vested in me by KSA 74-8101, effective upon the date of confirmation by the
Senate to serve a four-year term expiring January 15, 2003.
Member, Board of Tax Appeals, Dwight D. Keen, pursuant to the authority vested in me
by KSA 74-2433, effective March 21, 2000 and with confirmation by the Senate to serve a
four-year term expiring January 15, 2004.
Member, Board of Tax Appeals, Stephen Richards, pursuant to the authority vested in me
by KSA 74-2433, effective March 1, 2000 and with confirmation by the Senate to serve a
four-year term expiring January 15, 2004.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS STATE HISTORICAL SOCIETY
February 14, 2000
Patricia A. Michaelis, State Archivist, Secretary, State Records Board, Kansas State
Historical Society, submitted the State Records Board Annual Report for fiscal year 1999.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2258, 2641, 2782, 2826
Also, adoption of HCR 5005, 5050.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2258, 2641, 2782, 2826; HCR 5005, 5050 were thereupon introduced and read
by title.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointment, submitted by the
Governor to the senate for confirmation, was considered.
Senator Emert moved the following appointment be confirmed as recommended by the
Standing Senate Committee:
On the appointment to the:
Kansas Parole Board:
Larry D. Woodward, term expires January 15, 2004.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The appointment was confirmed.
FINAL ACTION ON CONSENT CALENDAR
SB 500, 515, 517 having appeared on the Consent Calendar for the required two full
legislative days without objection from any member, were considered on final action.
SB 500, An act concerning employees of the Kansas water office; amending K.S.A. 1999
Supp. 74-2614 and repealing the existing section.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 515, An act concerning elections; amending K.S.A. 25-216 and 25-1802 and K.S.A.
1999 Supp. 25-2309 and repealing the existing sections.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 517, An act concerning legislative journals; amending K.S.A. 45-116 and repealing
the existing section.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 116, An act relating to sales taxation; exempting certain purchases of the Kansas
Academy of Science therefrom; amending K.S.A. 1999 Supp. 79-3606 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Clark, Ranson.
The bill passed, as amended.
SB 408, An act relating to confidentiality requirements concerning income tax returns;
amending K.S.A. 1999 Supp. 79-3234 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 34, Nays 6, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Huelskamp, Pugh, Ranson, Salmans, Tyson.
The bill passed.
SB 411, An act relating to property taxation; concerning appeals procedures for certain
valuation controversies; amending K.S.A. 1999 Supp. 74-2433 and 74-2433f and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 426, An act relating to apportioned fleet registration; concerning permanent
registration of utility trailers; amending K.S.A. 8-1,119 and repealing the existing section,
was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 455, An act relating to the Kansas universal service fund; authorizing the assessment
of a late payment fee; amending K.S.A. 1999 Supp. 66-2010 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 458, An act concerning insurance; relating to licensure of agents; amending K.S.A.
1999 Supp. 40-240 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 471, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; aggravating factors in departure sentencing; amending K.S.A. 21-4717 and
K.S.A. 1999 Supp. 21-4716 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 472, An act concerning crimes and punishment; relating to violations of condition of
release by conviction of new misdemeanor; amending K.S.A. 1999 Supp. 75-5217 and
repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 487, An act relating to state moneys; amending K.S.A. 75-4203 and 75-4204 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 526, An act concerning asset forfeiture; allocation of forfeited property; amending
K.S.A. 1999 Supp. 60-4117 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Pugh, Ranson.
The bill passed.
SCR 1632, A CONCURRENT RESOLUTION urging the Governor and the Governor's
Substance Abuse Prevention Council to establish statewide standards to evaluate the success
of substance abuse programs, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted, as amended.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 499 be passed.
Also, SB 417 be amended by striking all in lines 14 through 20 and inserting the following:
``New Section 1. Insofar as the same may be made applicable, the provisions of K.S.A.
79-3226, and amendments thereto, shall apply to claims for refunds allowable pursuant to
the homestead property tax refund act which may become in dispute.
Sec. 2. K.S.A. 79-4517 is hereby amended to read as follows: 79-4517. For claims in
respect of property taxes levied in 1976 or in any year subsequent thereto, the director of
taxation may: (a) extend the time for filing any claim under the provisions of this act or
accept a claim filed after the filing deadline when good cause exists therefor; or (b) accept
a claim filed after the deadline for filing in the case of sickness, absence or disability of the
claimant if said the claim has been filed within four (4) years of said the deadline.
Sec. 3. K.S.A. 79-4512, 79-4514 and 79-4517 are hereby repealed.'';
And by renumbering the remaining section accordingly;
In the title, in line 10 before the semicolon by inserting ``and the resolution of appeals'';
also, in line 10, by striking ``79-4505'' and inserting ``79-4517''; in line 11, before the period
by inserting ``; also repealing K.S.A. 79-4512 and 79-4514''; and the bill be passed as
amended.
Committee on Commerce recommends SB 588 be passed.
Also, SB 586 be amended on page 1, in line 32, by striking ``or greater than'' and inserting
``as''; after line 38, by inserting an additional subsection as follows:
``(d) The provisions of this section shall not apply to a manufacturer who provides in a
written dealer agreement for compensation to a dealer for warranty labor costs either as (1)
a discount in the pricing of the equipment to the dealer or, (2) a lump sum payment to the
dealer, provided such payment is not less than 5% of the suggested retail price of the
equipment.''; and the bill be passed as amended.
Federal and State Affairs recommends SB 304 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL NO. 304,'' as follows:
``Substitute for SENATE BILL NO. 304
By Committee on Federal and State Affairs
``AN ACT establishing accessibility standards for certain dwellings.''; and the substitute bill
be passed.
Also, SB 543 be amended on page 1, in line 17, following ``enforcement'' by inserting
``agency or''; in line 19, by striking ``powers and duties'' and inserting ``powers, duties and
immunities''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends SB 611 be passed.
Also, HB 2643 be passed and, because the committee is of the opinion that the bill is of
a noncontroversial nature, be placed on the consent calendar.
Committee on Utilities recommends SB 514 be amended on page 1, in line 18, before
the fourth ``the'' by inserting ``and''; in line 19, by striking ``and any voluntary contri-''; by
striking all of line 20; in line 21, by striking all before ``shall''; in line 25, after the period,
by inserting ``In lieu of all or part of the civil penalty, the commission may consider and
approve, before or at hearing, a requirement, negotiated with and supported by commission
staff, that the person charged make payment to or expenditures for a related project.''; and
the bill be passed as amended.
Also, Substitute for HB 2290, as amended by House Committee of the Whole, be
amended on page 1, in line 15, by striking ``, directly or indirectly,''; in line 18, by striking
``not less''; in line 19, by striking all before ``making'' and inserting ``within 10 days after'';
in line 22, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed
as amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 18,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.