February 18, 2000
Journal of the Senate
TWENTY-NINTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, February 18, 2000--9:00 a.m. |
The Senate was called to order by Senator Ranson.
The roll was called with thirty-seven senators present.
Senators Becker, Downey and Emert were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Help me to deal with the different attitudes I encounter.
Some people are angry with me. Help me not to respond in kind.
Some people flatter me. Help me not to take them seriously.
Some people impugn my motives. Don't let me impugn theirs.
Some people think I'm crazy. If I am, they are more than likely the reason.
Some people call me misguided. Like I was a wayward missile. Don't let me hit the
wrong target.
Some people are disappointed in me. Sometimes, so am I.
Some people want me to fail. Please let them join the ones who are disappointed.
Some people love me. Protect them from the worst things that are said about me. I
can handle it better than they can.
I request this help in the Name of Christ,
AMEN
PRESENTATION OF PETITIONS
The following petition was presented, read and filed:
SP 5, by Senator Dave Kerr: A petition from members of KPERS, making an appeal for
a raise in their pensions, signed by Richard Downing and 26 others from Anthony, Kansas.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 642, An act concerning the Kansas City area transportation authority; amending
K.S.A. 12-2531 and repealing the existing section, by Committee on Federal and State
Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to Committees as indicated:
Agriculture: HCR 5050.
Assessment and Taxation: SB 641.
Judiciary: HCR 5005.
Transportation and Tourism: HB 2258, 2641.
Utilities: SB 640; HB 2826.
Ways and Means: SB 638, 639; HB 2782.
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 Tax Appeals: Dwight D. Keen, effective March 21, 2000 and with confirmation by
the Senate to serve a four-year term expiring January 15, 2004.
(Assessment and Taxation)
Board of Tax Appeals: Stephen Richards, effective March 1, 2000 and with confirmation by
the Senate to serve a four-year term expiring January 15, 2004.
(Assessment and Taxation)
Kansas Technology Enterprise Corporation: Donald Beggs, effective upon the date of
confirmation by the Senate to serve a four-year term expiring January 15, 2003.
(Commerce)
University of Kansas Hospital Authority: Eric Jager, effective upon the date of confirmation
by the Senate to serve a three-year term expiring January 15, 2002.
(Public Health and Welfare)
University of Kansas Hospital Authority: Charlie Sunderland, effective upon the date of
confirmation by the Senate to serve a three-year term expiring January 15, 2002.
(Public Health and Welfare)
INTRODUCTIONS OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION NO. 1812--
A RESOLUTION congratulating and commending Victor Straub.
WHEREAS, Victor Straub of Derby received the National Veterans Heritage Award on
November 10, 1999, at a ceremony held at Fort Belvoir, Virginia; and
WHEREAS, Victor Straub was one of three persons chosen this year by the Defense
Logistics Agency of the Department of Defense to receive this prestigious honor. Straub
works as an Operation Teams Chief at the Defense Contract Management Command in
Wichita. He has 30 years combined military and civil service for the federal government
including nine years at his present location and seven years of active duty with the United
States Air Force during the Vietnam War; and
WHEREAS, Victor Straub is a member of the American Legion Post 408, Derby
Haysville, Veterans of Foreign Wars Post 7253, Derby and the Paralyzed Veterans of
America, Mid-America Chapter. He is a regular participant in the annual Veterans of
Foreign Wars 4th of July parade, places flags on the graves of veterans in observance of
Memorial day and places flags along the streets for Flag Day, Veterans Day and 4th of July
observances in Derby; and
WHEREAS, Victor Straub and his wife, Patty, were given only a week's notice of the
ceremony and traveled to Washington, D.C. and Fort Belvoir for three days of royal
treatment by the military--a fitting award for a person who has spent a lifetime serving his
country and community: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Victor Straub for receiving the National Veterans Heritage Award and for the many years
of devoted service he has given to his country and community; and
Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Mr. and Mrs. Victor Straub, 406 Lauber Lane, Derby, KS 67037.
On emergency motion of Senator Harrington SR 1812 was adopted unanimously.
Senator Harrington introduced Victor Straub and wife Patty, accompanied by family
members.
Senators Vidricksen, Gooch and Jones introduced the following Senate resolution, which
was read:
SENATE RESOLUTION NO. 1813--
A RESOLUTION recognizing George Washington Carver during our celebration
of black history month.
WHEREAS, George Washington Carver was an eminent American botanist, chemurgist
and educator who made significant contributions through his research in agriculture and
gained world renown as one of our greatest citizens of the last century; and
WHEREAS, George Washington Carver was born into slavery near Diamond Grove,
Missouri, in 1864. When he was a baby his father was accidentally killed and shortly
thereafter he, his sister and mother were stolen by Confederate raiders and sold in Arkansas.
Although near death with whooping cough, he was retrieved by his master, Moses Carver,
upon payment of a prized racehorse valued at $300. His sister and mother were not found
and were presumed dead. He left home at age 10 to enroll in a school in Neosho, Missouri;
and
WHEREAS, When he was approximately 13 years old, George Washington Carver came
to Kansas to attend school at Fort Scott. Later while working in Olathe he was taken in by
the Seymour family. He went with the Seymour family when they moved to Minneapolis.
He remained in Minneapolis about four years where he completed his high school studies
in 1884; and
WHEREAS, After being offered a scholarship he was refused entrance into Highland
College because of his race. In 1888, George Washington Carver left Kansas to pursue his
education in Iowa. He entered the State Agriculture College in Ames and earned a Bachelor
of Science Degree in 1894 and a Master's Degree in 1896; and
WHEREAS, In 1896, George Washington Carver accepted Booker T. Washington's
invitation to become head of the newly organized agriculture department at Tuskegee
Institute in Alabama; and
WHEREAS, George Washington Carver spent the rest of his life at Tuskegee where he
had a distinguished career by developing programs to nourish the land that was worn out
by growing only cotton and by finding new uses for soybeans, sweet potatoes and peanuts;
and
WHEREAS, Even as a youth, George Washington Carver had an instinctive knowledge
of plants. In Alabama he found the soil exhausted from single-crop cotton cultivation, eroded
for lack of plant cover and parched by the sun. He taught farmers to restore the soil by
planting nitrogen-producing legumes, and he taught crop diversification by planting peanuts
and sweet potatoes, both which produced especially good yields in the Alabama soil; and
WHEREAS, Upon discovering that there was no ready market for these new farm
products, George Washington Carver began a series of experiments that resulted in more
than 300 by-products of the peanut and sweet potato. At the institute's experimental farm
he worked with hybrids and various types of fertilizer. He developed a strain of cotton known
as Carver's hybrid and grew enormous vegetables; and
WHEREAS, Although George Washington Carver became known world wide for his
research and the products he developed, and was offered many positions at high salaries,
he refused to leave Tuskegee; moreover, he refused to accept an increase in salary above
the $1,500 a year he received when he first came to Tuskegee; and
WHEREAS, George Washington Carver published many documents and received many
awards for his work. In 1940 the Carver Research Foundation was established at Tuskegee
Institute. Following George Washington Carver's death in 1943 at age 79, his entire estate
was added to the foundation's endowment; and
WHEREAS, George Washington Carver's time in Minneapolis is a featured exhibit at
the Ottawa County Historical Museum, located at 110 S. Concord in Minneapolis. The
museum's curator, Jettie Condray, prepared and presented exhibits detailing George
Washington Carver's years in Minneapolis for the dedication of the George Washington
Carver complex at the U.S. Department of Agriculture compound near Washington, D.C.
in October of 1999. Visitors are invited to visit the George Washington Carver exhibit in
the Ottawa County Historical Museum--the route to the Carver exhibit should be plainly
marked to insure visitation: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That it is fitting during February, black
history month, to recognize the genius of George Washington Carver and the part that
Minneapolis, Kansas, had in his upbringing; and
Be it further resolved: That the secretary of the Senate send an enrolled copy of this
resolution to Jettie Condray, Curator, Ottawa County Historical Museum, 110 S. Concord,
Minneapolis, Kansas 67467.
On emergency motion of Senator Jones SR 1813 was adopted unanimously.
Senator Vidricksen introduced Jettie Condray, Curator, Ottawa County Historical
Museum, Minneapolis, Kansas.
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 534 be amended on page 1, in line 37, by
striking all after ``(c)''; by striking all in lines 38 and 39 and inserting in lieu thereof the
following: ``Subject to appropriations, officials at Kansas state university shall appoint a
coordinator for the center of excellence on sustainable agriculture and alternative crops and
fund operating expenses of such coordinator.''; and the bill be passed as amended.
Committee on Assessment and Taxation recommends SB 545 be amended on page 2,
in line 14, before ``and'' by inserting ``, Wabaunsee, Wilson''; in line 24, by striking the first
``or'' and inserting a comma; also, in line 24, after ``Riley'' by inserting ``or Wilson'';
On page 4, in line 11, after ``Dickinson'' by inserting ``and Miami''; in line 13, after ``.50%''
by inserting ``in the case of Dickinson county and at a rate of up to 1% in the case of Miami
county,'';
On page 5, in line 27, before the period by inserting ``, except that any such tax imposed
by any class D city after the effective date of this act shall expire no later than 10 years from
the date of imposition thereof'';
On page 6, after line 8, by inserting the following:
``Sec. 2. K.S.A. 1999 Supp. 12-188 is hereby amended to read as follows: 12-188. The
following classes of cities are hereby established for the purpose of imposing limitations and
prohibitions upon the levying of sales and excise taxes or taxes in the nature of an excise
upon sales or transfers of personal or real property or the use thereof, or the rendering or
furnishing of services by cities as authorized and provided by article 12, section 5, of the
constitution of the state of Kansas:
Class A cities. All cities in the state of Kansas which have the authority to levy and collect
excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services by cities.
Class B cities. All cities in the state of Kansas which have the authority to levy and collect
excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services for the purpose of
financing the provision of health care services.
Class C cities. All cities in the state of Kansas having a population of more than 290,000
located in a county having a population of more than 350,000 which has the authority to
levy and collect excise taxes or taxes in the nature of an excise upon the sales or transfers
of personal or real property or the use thereof, or the rendering or furnishing of services.
Class D cities. All cities in the state of Kansas located in Cowley, Ellis, Ellsworth, Finney,
Harper, Johnson, Labette, Lyon, Montgomery, Osage or Reno county or in both Riley and
Pottawatomie counties which have the authority to levy and collect excise taxes or taxes in
the nature of an excise upon the sales or transfers of personal or real property or the use
thereof, or the rendering or furnishing of services.
Sec. 3. K.S.A. 1999 Supp. 12-189 is hereby amended to read as follows: 12-189. Except
as otherwise provided by paragraph (2) of subsection (a) of K.S.A. 12-187, and amendments
thereto, the rate of any class A, class B or class C city retailers' sales tax shall be fixed in
the amount of .25%, .5%, .75% or 1% which amount shall be determined by the governing
body of the city. Except as otherwise provided by paragraph (2) of subsection (a) of K.S.A.
12-187, and amendments thereto, the rate of any class D city retailers' sales tax shall be
fixed in the amount of .25%, .5%, .75%, 1%, 1.125%, 1.25%, 1.5% or 1.75%. The rate of
any countywide retailers' sales tax shall be fixed in an amount of either .25%, .5%, .75% or
1% which amount shall be determined by the board of county commissioners, except that:
(a) The board of county commissioners of Wabaunsee county, for the purposes of
paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at 1.25%; the board of county commissioners of Cherokee, Crawford, Ford, Saline,
Seward or Wyandotte county, for the purposes of paragraph (2) of subsection (b) of K.S.A.
12-187, and amendments thereto, may fix such rate at 1.5%, the board of county
commissioners of Atchison county, for the purposes of paragraph (2) of subsection (b) of
K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5% or 1.75% and the board
of county commissioners of Barton, Jefferson or Ottawa county, for the purposes of
paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at 2%;
(b) the board of county commissioners of Jackson county, for the purposes of paragraph
(3) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(c) the boards of county commissioners of Finney and Ford counties, for the purposes of
paragraph (4) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at .25%;
(d) the board of county commissioners of any county for the purposes of paragraph (5)
of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a
percentage which is equal to the sum of the rate allowed to be imposed by a board of county
commissioners on the effective date of this act plus .25%, .5%, .75% or 1%, as the case
requires;
(e) the board of county commissioners of Dickinson county, for the purposes of paragraph
(7) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%,
and the board of county commissioners of Miami county, for the purposes of paragraph (7)
of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.25%,
1.5%, 1.75% or 2%;
(f) the board of county commissioners of Sherman county, for the purposes of paragraph
(8) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%,
1.75% or 2%; or
(g) the board of county commissioners of Russell county for the purposes of paragraph
(9) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%.
Any county or city levying a retailers' sales tax is hereby prohibited from administering
or collecting such tax locally, but shall utilize the services of the state department of revenue
to administer, enforce and collect such tax. Except as otherwise specifically provided in
K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and
exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative
rules and regulations of the state department of revenue relating to the Kansas retailers'
sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may
be made applicable. The state director of taxation is hereby authorized to administer, enforce
and collect such local sales taxes and to adopt such rules and regulations as may be necessary
for the efficient and effective administration and enforcement thereof.
Upon receipt of a certified copy of an ordinance or resolution authorizing the levy of a
local retailers' sales tax, the state director of taxation shall cause such taxes to be collected
within or without the boundaries of such taxing subdivision at the same time and in the
same manner provided for the collection of the state retailers' sales tax. All moneys collected
by the director of taxation under the provisions of this section shall be credited to a county
and city retailers' sales tax fund which fund is hereby established in the state treasury. Any
refund due on any county or city retailers' sales tax collected pursuant to this act shall be
paid out of the sales tax refund fund and reimbursed by the director of taxation from
collections of local retailers' sales tax revenue. Except for local retailers' sales tax revenue
required to be deposited in the redevelopment bond fund established under K.S.A. 1999
Supp. 74-8927, and amendments thereto, all local retailers' sales tax revenue collected within
any county or city pursuant to this act shall be apportioned and remitted at least quarterly
by the state treasurer, on instruction from the director of taxation, to the treasurer of such
county or city.
The director of taxation shall provide, upon request by a city or county clerk or treasurer
of any city or county levying a local retailers' sales tax, a monthly report identifying each
retailer having a place of business in such city or county and setting forth the amount of
such tax remitted by each retailer during the preceding month. Such report shall be made
available to the clerk or treasurer of such city or county within a reasonable time after it
has been requested from the director of taxation. The director of taxation shall be allowed
to assess a reasonable fee for the issuance of such report. Information received by any city
or county pursuant to this section shall be confidential, and it shall be unlawful for any
officer or employee of such city or county to divulge any such information in any manner.
Any violation of this paragraph by a city or county officer or employee is a class B
misdemeanor, and such officer or employee shall be dismissed from office.'';
By renumbering remaining sections accordingly;
Also, on page 6, in line 9, by striking ``is'' and inserting ``, 12-188, 12-189 and 12-189c
are'';
In the title, in line 9, by striking all after the semicolon; in line 10, by striking all before
the semicolon and inserting ``concerning the imposition thereof by certain cities and
counties''; in line 11, before ``and'' by inserting ``, 12-188 and 12-189''; also in line 11, by
striking ``section'' and inserting ``sections; also repealing K.S.A. 1999 Supp. 12-189c''; and
the bill be passed as amended.
Committee on Commerce recommends SB 521 be amended on page 2, in line 16, by
striking all after the comma and inserting ``a project exemption certificate may be granted'';
in line 19, by striking ``sale'' and inserting ``sales''; in line 22, before the period, by inserting
``, as the person may elect''; and the bill be passed as amended.
Committee on Elections and Local Government recommends SB 463 be amended
on page 1, in line 19, by striking all after the comma; in line 20, by striking all before ``the'';
after line 22, by inserting the following:
``(c) If a vacancy occurs in the office of secretary of state or attorney general, the governor
shall fill the vacancy by appointment for the remainder of the term.
(d) If a vacancy occurs in the office of the state treasurer or the commissioner of insurance,
the governor shall appoint some suitable person to serve until the next general election after
such vacancy occurs, when such vacancy shall be filled by election.'';
Also on page 1, preceding line 30, by inserting the following:
``Sec. 3. K.S.A. 40-106 is hereby amended to read as follows: 40-106. At the general
election held in 1978 and each four (4) years thereafter, there shall be elected a
commissioner of insurance for the state of Kansas, whose term of office shall be four (4)
years beginning on the second Monday in January next succeeding such commissioner's
election. In case of a vacancy in such office the governor shall appoint some suitable person
to serve for the unexpired term and until a successor is elected and qualified vacancy shall
be filled in accordance with the provisions of K.S.A. 25-101a, and amendments thereto.'';
And by renumbering sections accordingly;
Also on page 1, in line 30, by striking ``and 25-101b'' and inserting ``, 25-101b and 40-
106'';
In the title, in line 10, by striking ``and 25-101b'' and inserting ``, 25-101b and 40-106'';
and the bill be passed as amended.
Also SB 464 be amended on page 1, in line 15, by striking ``by electronic means''; in line
18, by striking ``$50'' and inserting ``$250''; following line 26, by inserting a new subsection
as follows:
``(c) Reports required by this act shall be filed via facsimile or electronic means allowed
by law.''; following line 34, by inserting a new section to read as follows:
``New Sec. 3. Penalties for any violation of this act shall be the same as the penalties
imposed under K.S.A. 25-4167 and amendments thereto.'';
By renumbering existing sections accordingly; and the bill be passed as amended.
SB 558 be amended on page 2, in line 35, by striking ``another'' and inserting ``any other'';
in line 41, by striking ``another'' and inserting ``any other''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SCR 1634 be amended by
substituting a new concurrent resolution to be designated as ``Substitute for SENATE
CONCURRENT RESOLUTION NO. 1634,'' as follows:
Substitute for SENATE CONCURRENT RESOLUTION NO. 1634
By Senators Ranson, Becker, Biggs, Corbin, Donovan, Downey, Feleciano,
Gooch, Goodwin, Hardenburger, Harrington and Lawrence
``A CONCURRENT RESOLUTION recognizing the Korean War Memorial in Wichita as
an official Korean War Memorial of the state of Kansas.'';
and the substitute concurrent resolution be adopted.
Committee on Public Health and Welfare recommends SB 513 be amended on page
1, in line 24, by striking all after ``(c)''; by striking all in lines 25; in line 26, by striking ``(d)'';
in line 29, by striking ``(e)'' and inserting ``(d)''; in line 42, by striking ``(e)(1)'' and inserting
``(d)(1)'';
On page 2, in line 2, by striking ``mean braiding'' and inserting: ``include a service that
results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking,
or braiding by hand or mechanical device so long as the service does not include the
application of dyes, reactive chemicals or other preparations to alter the color of the hair or
to straighten, curl or alter the structure of the hair''; in line 3, by striking ``(f)'' and inserting
``(e)''; in line 9, by striking ``(g)'' and inserting ``(f)''; in line 12, by striking ``(h)'' and inserting
``(g)''; in line 14, by striking ``(i)'' and inserting ``(h)''; in line 17, by striking ``(j)'' and inserting
``(i)''; and the bill be passed as amended.
Also SB 556 be amended on page 1, in line 13, by striking all after ``stated''; in line 14,
by striking all before the comma; in line 25, by striking ``serve as the authorizing agent'' and
inserting ``direct the manner of disposition''; also in line 25, before ``cre-'' by inserting
``funeral establishment or''; in line 26, by striking ``cremation'' and inserting ``manner of
disposition''; in line 42, by striking ``decedent or the''; in line 43, by striking ``this section''
and inserting ``subsection (a)''; and the bill be passed as amended.
On motion of Senator Vidricksen the Senate adjourned until 2:30 p.m., Monday, February
21, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.