February 23, 2000
Journal of the Senate
THIRTY-SECOND DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, February 23, 2000--1:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, Pastor Arnold Fitzgerald, Second Baptist
Church, Topeka, who delivered the invocation:
Lord God Jehovah, Ruler of Heaven and Earth, we call upon you for help and guidance
within this work day of our Kansas State Senate.
We acclaim your greatness and adore your holy being. We have so much thanks to you
for being so loving and encouraging to us. We acknowledge your vast power, and are
comforted that you govern in might but according to your loving nature.
We ask your forgiveness for our sins and our erring way. Restore our souls in
righteousness. Lead us to the honorable estate of diligence and integrity in all of our doings
within this session and this day. Rend from us our propensity to decline from following your
voice. Allow us to be attentive in all things and especially in those issues residing in the
moral domain. In that alert state, O Lord, prompt us to act in concert with this God-given
conviction to do your will, not our own. When we are in dismay and at a loss of clear sense,
we ask that you would enlighten us with clear revelation. Lead us, and do not forsake us.
How we have shuttered when your counsel has left us to our own devices. Without you,
Lord, we are hopelessly abandoned to our faltering disarray. Thank you for your stable hold
on our lives.
A new day and fresh aspiration you give to us. We praise you for providing a legislature
and for the wisdom you have shared for the leaders of the people of Kansas. Many of us
you have lifted into maturity and in training for the work which is set before us today. So,
we lift up and we honor the constituents of this body as well as the citizens whom they
represent. This will be a noted time to express our points of view. So, may our view consider
the persons affected by our stance more than the facilities or the finance. Never allow us
to be at peace if we neglect to act in love toward our neighbors. Within the freshness of the
session before us, help us to reflect upon the God who has brought us to the concerns which
are relevant. Guard us from caviling and blocking helpful measures because of details which
will not count several years from now. Aid us to fortify all measures which will advance the
well being of people who depend on secure and safe policy for strengthening Kansas families.
Give us the zeal for maximizing righteous pursuits and minimizing wicked expression.
Amidst differences today supply the gift of understanding. Climbing the heights of
achievement today give us power to bring even the undeserving along with us. For past
breeches in unity abound in us a capacity to forgive and to move on together. Where there
is lack of supply, have us make provision. At outbursts of dispute grant for us to attain the
dignity and the grace of ensuing repair and cooperation.
Lord, we stand firm in realizing your presence today. We abide in the truth of your Word
which teaches us about ``the love of God which passes all understanding''. Thank you this
day. We honor you as we petition you in the honorable Person of your Son.
I pray to you in the name of Jesus Christ, my Lord and Savior.
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 649, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; relating to correction of system errors; amending K.S.A. 1999
Supp. 74-4924 and repealing the existing section, by Committee on Federal and State
Affairs.
SB 650, An act concerning retirement and pensions; relating to the retirement system
for judges; retirement age; amending K.S.A. 20-2608 and repealing the existing section, by
Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Agriculture: HB 2674, 2817.
Assessment and Taxation: Sub HB 2702.
Commerce: SB 644; HB 2769.
Federal and State Affairs: HB 2767.
Financial Institutions & Insurance: HB 2675.
Judiciary: SB 646, 647; HB 2883.
Ways and Means: SB 645, 648; Sub HB 2605.
CHANGE OF REFERENCE
The President withdrew SB 406, 409, 435, 454, 466 from the Committee on Assessment
and Taxation, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 432 from the Committee on Education, and referred the bill
to the Committee on Ways and Means.
The President withdrew SB 550, 582 from the Committee on Judiciary, and referred the
bills to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2328, 2646, 2673, 2745, 2768, 2775, 2805, 2861, 2985.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2328, 2646, 2673, 2745, 2768, 2775, 2805, 2861, 2985 were thereupon
introduced and read by title.
FINAL ACTION ON CONSENT CALENDAR
SB 566; HB 2643 having appeared on the Consent Calendar for the required two full
legislative days without objection from any member, were considered on final action.
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.
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.
HB 2643, An act regulating traffic; concerning the width of certain loads on vehicles;
amending K.S.A. 1999 Supp. 8-1902 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 24, An act repealing K.S.A. 1999 Supp. 46-2901; concerning the Joint Committee On
Oversight of the University of Kansas Hospital Authority, 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 369, An act relating to restricted drivers' licenses; concerning school-sponsored
activities; amending K.S.A. 1999 Supp. 8-237 and 8-296 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 405, An act concerning water districts; relating to release of lands from district;
amending K.S.A. 82a-630 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 424, An act concerning criminal procedure; relating to preliminary examinations;
evidence; child witnesses and victims; amending K.S.A. 1999 Supp. 22-2902 and 22-2902a
and repealing the existing sections; also repealing K.S.A. 22-3433, 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, 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, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Tyson.
The bill passed, as amended.
SB 425, An act concerning civil procedure; relating to uniform enforcement of foreign
judgments act; filing and status of foreign judgments; amending K.S.A. 1999 Supp. 60-3002
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, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Gooch, Jones.
The bill passed, as amended.
SB 427, An act relating to motor vehicles; concerning temporary intrastate registration
of trucks or truck tractors; amending K.S.A. 8-143b 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 430, An act concerning alcoholic liquor; relating to the regulation of the sale and
consumption thereof; amending K.S.A. 41-303 and 41-318 and K.S.A. 1999 Supp. 41-719
and repealing the existing sections; also repealing K.S.A. 1999 Supp. 41-719a, was
considered on final action.
On roll call, the vote was: Yeas 36, Nays 4, 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, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Clark, Huelskamp, Salmans, Tyson.
The bill passed, as amended.
SB 431, An act concerning consumer protection; relating to telecommunications services;
amending K.S.A. 1999 Supp. 50-6,103 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 433, An act concerning school districts; relating to suspension or expulsion of pupils
from school; amending K.S.A. 1999 Supp. 72-8902 and 72-8904 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 32, Nays 8, Present and Passing 0, Absent or Not Voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gilstrap, Goodwin, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy,
Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger,
Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Feleciano, Gooch, Hensley, Jones, Lee, Petty, Stephens.
The bill passed, as amended.
SB 443, An act concerning insurance companies; relating to accounting procedures and
investments; amending K.S.A. 40-12a09 and repealing the existing section; also repealing
K.S.A. 40-2a15, 40-2a23, 40-2b14 and 40-2b22, 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, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Pugh, Tyson.
The bill passed, as amended.
SB 462, An act concerning campaign finance; relating to contributions; amending K.S.A.
1999 Supp. 25-4153a 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 470, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; amending K.S.A.21-4608 and K.S.A. 1999 Supp. 22-3717 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 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, was considered on final action.
On roll call, the vote was: Yeas 23, Nays 17, Present and Passing 0, Absent or Not Voting
0.
Yeas: Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Gilstrap, Gooch,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris,
Praeger, Pugh, Ranson, Steffes, Steineger, Vidricksen, Vratil.
Nays: Barone, Becker, Biggs, Corbin, Emert, Feleciano, Goodwin, Hensley, Jones, Lee,
Oleen, Petty, Salisbury, Salmans, Stephens, Tyson, Umbarger.
The bill passed, as amended.
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, 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, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp, Tyson.
The bill passed.
SB 498, An act concerning banks and banking; relating to special orders issued by the
bank commissioner; amending K.S.A. 1999 Supp. 9-1715 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 502, An act allowing certain oil lease working interest property tax refunds; repealing
K.S.A. 1999 Supp. 79-32,208, 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 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, 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 613, An act relating to income taxation; providing check-off for the contributions to
the national World War II memorial fund, 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.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Corbin introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1814--
A RESOLUTION congratulating and commending the 1999 Butler County
Community College football team.
WHEREAS, The 1999 Butler County Community College football team, the Grizzlies,
are the National Junior College Athletic Association champions for the second consecutive
year; and
WHEREAS, The Grizzlies won the first five games of the 1999 season and were ranked
No. 1 in the nation but lost the sixth game in an overtime to the second ranked team, the
Garden City Broncbusters. They won the remainder of their games, and in a rematch with
the Garden City Broncbusters for the Jayhawk Conference Championship won 37-34; and
WHEREAS, The team traveled to St. George, Utah, to face the undefeated and No. 1
ranked team, the Dixie College Rebels. On December 4, 1999, the Grizzlies defeated the
Rebels on the Rebel's home field 49-35 thereby winning the second consecutive national
championship for Butler County Community College; and
WHEREAS, The Grizzlies had a record five players selected as first-team All Americans:
Howard Duncan, Kansas City, KS; Adam Stiles, Wichita, KS; Mark Strickland, Wilson, N.C.;
Rudi Johnson, Colonial Heights, VA and David Routt, Cincinnati, OH. Grizzly tailback Rudi
Johnson was named the national player of the year and head coach James Shibest was
selected as the national coach of the year for the second consecutive year: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the 1999 Butler County Community College football team, coaching staff, administration
and student body upon being the junior college national football champions for the second
consecutive year; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Dr. Jacqueline Vietti, President, Butler County
Community College, Haverhill Road--Towanda Avenue, El Dorado, Kansas 67042.
On emergency motion of Senator Corbin SR 1814 was adopted unanimously.
Team members, their coach, Troy Morrell; assistant coaches and trainer, were guests and
were acknowledged on being national champions for the second consecutive year.
REPORTS OF STANDING COMMITTEES
Committee on Education recommends SB 328 be passed.
Committee on Energy and Natural Resources recommends SB 388 be amended on
page 1, in line 15, before the period, by inserting ``and may encompass more than one
hydrologic unit''; by striking all in lines 24 and 25 and inserting:
``(f) ``Deposit,'' other than as used in ``safe deposit account,'' refers to the deposit of a
water right, or portion of a water right, in a water bank for the purpose of having the bank
lease water from such water right, or portion of a water right, to another person or entity.'';
Also on page 1, in line 28, by striking ``hydraulically'' and inserting ``hydrologically'';
following line 29, by inserting:
``(i) ``Linked water rights'' means two or more water rights that authorize common points
of diversion or a common place of use, or both.'';
By relettering subsections accordingly;
Also on page 1, in line 31, by striking ``deposited'' and inserting ``placed''; in line 36, by
striking ``leases'' and inserting ``: (1) Leases''; also in line 36, before the period, by inserting
``; and (2) provides safe deposit accounts. A water bank may be a groundwater bank or a
surface water bank, or both''; in line 37, by striking ``be authorized to''; in line 43, after ``4'',
by inserting a comma;
On page 2, in line 13, by striking ``leased'' and inserting ``deposited''; in line 16, by striking
all after ``relating to''; in line 17, by striking all before the semicolon and inserting ``term
permits''; in line 20, by striking ``and''; in line 23, by striking the period and inserting ``;
and''; following line 23, by inserting:
``(5) a water bank's decision of whether or not to lease water shall not be based on the
proposed use of the water.'';
Also on page 2, in line 24, by striking ``be authorized to''; in line 36, before the semicolon,
by inserting ``, except that water from linked water rights may be placed in a single safe
deposit account''; in line 41, by striking ``placed'' and inserting ``accumulated''; in line 43,
before the semicolon, by inserting ``or the aggregate maximum quantity authorized to be
diverted under all linked water rights from which water is deposited in the account'';
On page 3, in line 3, by striking all after ``to'' where it appears for the second time; by
striking all in line 4; in line 5, by striking all before the semicolon and inserting ``term
permits''; following line 14, by inserting:
``(e) A water bank shall not own, buy or sell water rights.'';
Also on page 3, in line 22, following the period, by inserting ``Determination of the portion
of a water right that is bankable shall be based on the maximum annual quantity authorized
to be diverted under the water right and shall not take into account actual prior use of less
than that amount.''; by striking all in line 43;
On page 4, by striking all in line 1 and inserting:
``(4) the bank would not lease or accept for deposit water from the same source of
supply as another chartered water bank;'';
Also on page 4, in line 14, after the semicolon, by inserting ``and''; in line 18, by striking
``; and'' and inserting a period; by striking all in lines 19 through 21; in line 22, by striking
``five'' and inserting ``10''; following line 27, by inserting:
``(e) Any amendment to the charter of a water bank must be approved by the chief
engineer prior to adoption of the amendment.'';
Also on page 4, in line 33, following ``(3)'', by inserting ``one representative of''; in line
34, by striking ``a'' and inserting ``one''; in line 37, by striking ``a'' and inserting ``one''; in
line 40, before ``representatives'', by inserting ``two''; in line 42, after the semicolon, by
inserting ``and''; by striking all in line 43;
On page 5, by striking all in lines 1 through 3, and inserting:
``(7) two legislators appointed by the legislative coordinating council.
(b) A legislator serving on the team shall be paid compensation, travel expenses and
subsistence expenses or allowances as provided by K.S.A. 74-3212, and amendments thereto,
for attendance at any meeting of the team or any subcommittee meeting of the team
authorized by the team.'';
Also on page 5, in line 4, by striking ``(b)'' and inserting ``(c)''; in line 24, by striking ``(c)''
and inserting ``(d)''; in line 25, by striking ``shall'' and inserting ``may''; in line 26, by striking
``shall'' and inserting ``may''; and the bill be passed as amended.
Committee on Financial Institutions and Insurance recommends SB 503 be amended
on page 1, in line 13, by striking ``trus-''; in line 14, by striking ``tee'' and inserting ``fiduciary'';
in line 18, by striking ``trustee'' and inserting ``fiduciary''; in line 20, by striking ``trustee''
and inserting ``fiduciary''; in line 23, by striking ``trustee'' and inserting ``fiduciary''; in line
24, by striking ``trustee's'' and inserting ``fiduciary's''; in line 28, by striking ``trustee'' and
inserting ``fiduciary'';
On page 2, in line 2, by striking ``trustee'' and inserting ``fiduciary''; in line 4, by striking
``trustee'' and inserting ``fiduciary''; in line 6, by striking ``trustee'' the first time it appears
and inserting ``fiduciary''; also in line 6, by striking ``named trustee'' and inserting ``placed
in a fiduciary capacity''; in line 7, by striking ``trustee's'' and inserting ``fiduciary's''; also in
line 7, by striking ``trustee'' and inserting ``fiduciary''; in line 9, by striking ``trustee'' and
inserting ``fiduciary''; in line 10, by striking ``trustee'' and inserting ``fiduciary''; in line 12,
by striking ``accepting a trusteeship'' and inserting ``entering into a fiduciary relationship'';
in line 13, by striking ``trustee'' and inserting ``fiduciary''; in line 18, by striking ``trustee''
and inserting ``fiduciary''; in line 20, by striking ``trustee'' and inserting ``fiduciary''; in line
23, by striking ``trustee'' and inserting ``fiduciary''; in line 25, by striking ``trustee'' and
inserting ``fiduciary''; in line 27, by striking ``trustee's'' and inserting ``fiduciary's''; in line 29,
by striking ``trustee'' and inserting ``fiduciary''; in line 30, by striking ``trustee'' and inserting
``fiduciary''; in line 31 by striking all after the period; by striking all of lines 32 through 35;
by striking all in line 36 before the period and inserting the following: ``For a fiduciary to
properly delegate investment functions under this subsection, the fiduciary shall:
(1) Exercise reasonable care, skill and caution in selection of the investment agent, in
establishing the scope and specific terms of any delegation and in periodically reviewing the
investment agent's actions in order to monitor overall performance and compliance with
the scope and specific terms of the delegation;
(2) conduct an inquiry into the experience, performance history, professional licensing
or registration, if any, and financial stability of the investment agent; and
(3) if a trust, send written notice of such trust's intention to begin delegating investment
functions under this section to each beneficiary eligible to receive income from the trust on
the date of the initial delegation at least 30 days before such delegation. This notice shall
thereafter, until or unless each beneficiary eligible to receive income from the trust at the
time are notified to the contrary, authorize the fiduciary to delegate investment functions
pursuant to this section'';
Also on page 2, in line 37 by striking all after the ``comma''; by striking all of line 38; in
line 39 by striking all before the ``period'' and inserting ``an investment agent shall be subject
to the same standards that are applicable to the fiduciary.
(c) An investment agent shall be liable to each beneficiary of the trust and to the
designated fiduciary to the same extent as if the investment agent were a designated fiduciary
in relation to the exercise or nonexercise of the investment function''; in line 40, by striking
``(c)'' and inserting ``(d)''; also in line 40, by striking ``trustee'' and inserting ``fiduciary''; in
line 43, by striking ``(d)'' and inserting ``(e)''; also in line 43 by striking ``trustee'' and inserting
``fiduciary'';
On page 3, after line 2, by inserting:
``New Sec. 10. Conservators shall not invest funds under their control and management
in investments other than those specifically permitted by K.S.A. 59-3019 and amendments
thereto, except upon the entry of an order of a court of competent jurisdiction, after a
hearing on a verified petition. Before authorizing any such investment, the court shall
require evidence of value and advisability of such purchase.''; and by renumbering the
remaining sections accordingly; and the bill be passed as amended.
Committee on Judiciary recommends SB 429 be passed.
Also, SB 416 be amended on page 1, by striking all in lines 14 through 36; in line 41, by
striking ``Sec. 2.'' and inserting ``Section 1.''
And by renumbering sections 3 and 4 as sections 2 and 3.
On page 2, in line 10, by striking ``8-2503 and''; also in line 10, by striking ``are'' and
inserting ``is'';
On page 1, in the title, in line 10, by striking ``8-2503 and''; in line 11, by striking ``sections''
and inserting ``section''; and the bill be passed as amended.
SB 447 be amended on page 2, in line 16, after ``records'' by inserting ``, including staff
time required to make the information available,'';
On page 4, in line 24, by striking ``(e)''; in line 34, before ``If'', by inserting the following:
``(e) Notice of the issuance of a subpoena pursuant to this section where the attendance
of the custodian of the business records is not required shall be given to all parties to the
action at least 10 days prior to the issuance thereof by the party requesting issuance of the
subpoena. A copy of the proposed subpoena shall also be served upon all parties along with
such notice. In the event any party objects to the production of the documents sought by
such subpoena prior to its issuance, the subpoena shall not be issued until further order of
the court in which the action is pending.
(f)''; and the bill be passed as amended.
SB 483 be amended on page 1, after line 12, by inserting the following:
``Section 1. K.S.A. 1999 Supp. 17-7667 is hereby amended to read as follows: 17-7667.
(a) Process Service of process or service of any notice or demand against a limited liability
company may be served:
(1) In accordance with K.S.A. 60-304 and 60-306, and amendments thereto, as if the
company were a partnership; or
(2) upon the resident agent at the business address of the resident agent.; or
(b) Any notice to or demand on a company organized pursuant to this act may be made:
(1) (3) by delivery to a manager of the company, if the management is vested in a
manager, or delivery to any member, if the management is vested in the members; or.
(2) (b) Any notice to or demand on a company organized pursuant to this act may be
made by writing, which notice or demand in writing shall be mailed to the registered office
of the company in this state or to another address in this state which is the principal office
of the company.
(c) Nothing contained in this section shall limit or affect the right to serve, in any other
manner now or hereafter permitted by law, any process, notice or demand required or
permitted by law to be served upon a limited liability company.'';
And by striking ``Section 1'' and inserting `` Sec.2'';
And by renumbering sections 2 and 3 as sections 3 and 4;
On page 2, in line 22, after ``Corporations'' by inserting ``, domestic or foreign limited
liability company, domestic or foreign limited partnership, domestic or foreign limited
liability partnership,''; in line 23, after ``poration'' by inserting ``, domestic or foreign limited
liability company, domestic or foreign limited partnership, domestic or foreign limited
liability partnership''; in line 24, after ``officer,'' by inserting ``director, manager,''; in line 33,
by striking ``or'' and inserting a ``,''; in line 34, after ``partnership'' and inserting ``or limited
liability partnership''; also in line 34, by striking all after ``agent.''; by striking all in lines 35
through 37; in line 38, by striking all before ``Whenever'';
On page 4, in line 9, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 17-7667 are'';
On page 1, in the title, in line 9, by striking ``civil procedure; relating to''; also in line 9,
after the second semicolon by inserting ``certain business entities;''; in line 10, after ``60-
304'' by inserting ``and K.S.A. 1999 Supp. 17-7667''; also in line 10, by striking ``section''
and inserting ``sections''; and the bill be passed as amended.
SB 529 be amended on page 35, after line 8, by inserting the following:
``(g) Notwithstanding the requirements of subsection (c) of this section, unless expressly
required by its articles of incorporation, no vote of stockholders of a constituent corporation
shall be necessary to authorize a merger with or into a single direct or indirect wholly-owned
subsidiary of such constituent corporation if: (1) Such constituent corporation and the direct
or indirect wholly-owned subsidiary of such constituent corporation are the only constituent
corporations to the merger; (2) each share or fraction of a share of the capital stock of the
constituent corporation outstanding immediately prior to the effective time of the merger
is converted in the merger into a share or equal fraction of share of capital stock of a holding
company having the same designations, rights, powers and preferences, and the
qualifications, limitations and restrictions thereof, as the share of stock of the constituent
corporation being converted in the merger; (3) the holding company and each of the
constituent corporations to the merger are corporations of this state; (4) the articles of
incorporation and bylaws of the holding company immediately following the effective time
of the merger contain provisions identical to the articles of incorporation and bylaws of the
constituent corporation immediately prior to the effective time of the merger, other than
provisions, if any, regarding the incorporator or incorporators, the corporate name, the
registered office and agent, the initial board of directors and the initial subscribers for shares
and such provisions contained in any amendment to the articles of incorporation as were
necessary to effect a change, exchange, reclassification or cancellation of stock, if such
change, exchange, reclassification or cancellation has become effective; (5) as a result of the
merger the constituent corporation or its successor corporation becomes or remains a direct
or indirect wholly-owned subsidiary of the holding company; (6) the directors of the
constituent corporation become or remain the directors of the holding company upon the
effective time of the merger; (7) the articles of incorporation of the surviving corporation
immediately following the effective time of the merger are identical to the articles of
incorporation of the constituent corporation immediately prior to the effective time of the
merger, other than provisions, if any, regarding the incorporator or incorporators, the
corporate name, the registered office and agent, the initial board of directors and the initial
subscribers for shares and such provisions contained in any amendment to the articles of
incorporation as were necessary to effect a change, exchange, reclassification or cancellation
of stock, if such change, exchange, reclassification or cancellation has become effective;
except that (i) the articles of incorporation of the surviving corporation shall be amended
in the merger to contain a provision requiring that any act, other than the election or removal
of directors of the surviving corporation, or transaction by or involving the surviving
corporation that requires for its adoption under this article or its articles of incorporation
the approval of the stockholders of the surviving corporation shall, by specific reference to
this subsection, require, in addition, the approval of the stockholders of the holding
company, or any successor by merger, by the same vote as is required by this article or by
the articles of incorporation of the surviving corporation, or both, and (ii) the articles of
incorporation of the surviving corporation may be amended in the merger to reduce the
number of classes and shares of capital stock that the surviving corporation is authorized to
issue; and (8) the stockholders of the constituent corporation do not recognize gain or loss
for United States federal income tax purposes as determined by the board of directors of
the constituent corporation. Neither subsection (g)(7)(i) nor any provision of a surviving
corporation's articles of incorporation required by subsection (g)(7)(i) shall be deemed or
construed to require approval of the stockholders of the holding company to elect or remove
directors of the surviving corporation.
As used in this subsection only, the term ``holding company'' means a corporation which,
from its incorporation until consummation of a merger governed by this subsection, was at
all times a direct or indirect wholly-owned subsidiary of the constituent corporation and
whose capital stock is issued in such merger. From and after the effective time of a merger
adopted by a constituent corporation by action of its board of directors and without any
vote of stockholders pursuant to this subsection, if the corporate name of the holding
company immediately following the effective time of the merger is the same as the corporate
name of the constituent corporation immediately prior to the effective time of the merger,
the shares of capital stock of the holding company into which the shares of capital stock of
the constituent corporation are converted in the merger shall be represented by the stock
certificates that previously represented shares of capital stock of the constituent corporation.
If an agreement of merger is adopted by a constituent corporation by action of its board of
directors and without any vote of stockholders pursuant to this subsection, the secretary or
assistant secretary of the constituent corporation shall certify on the agreement or a
certificate of merger that the agreement has been adopted pursuant to this subsection and
that the conditions specified in the first sentence of this subsection have been satisfied. The
agreement or certificate of merger so adopted and certified shall then be filed and become
effective, in accordance with K.S.A. 17-6003, and amendments thereto. Such filing shall
constitute a representation by the person who executes the agreement or certificate of
merger that the facts stated in the certificate remain true immediately prior to such filing.'';
On page 1, in the title, in line 10, after the semicolon, by inserting ``reorganization as a
holding company;'' and the bill be passed as amended.
Committee on Public Health and Welfare recommends SB 510 be amended on page
4, in line 17, by striking all after ``dentistry''; by striking all in lines 18 through 21; in line
22, by striking all before the semicolon and inserting: ``by a dental student, the practice of
dental hygiene by a dental hygiene student or the performance of duties permitted under
the dental practices act to unlicensed persons by a dental assisting student, provided that
(i) the procedures are performed as part of the educational program of dental, dental hygiene
or dental assisting that has been approved by the board and in a facility operated or overseen
by the approved program and (ii) the student is under the supervision of a dentist or dental
hygienist, licensed in the state of Kansas, serving as a faculty member of the program''; and
the bill be passed as amended.
Also, SB 598 be amended on page 1, in line 38, by striking all after the period; by striking
all in lines 39 through 41 and inserting in lieu thereof the following: ``At the time a pharmacy
registers with the board: (1) The pharmacist in charge shall provide to the board the name,
address and date of birth of each pharmacy technician employed by the pharmacy; and (2)
a pharmacy which employs a pharmacy technician or technicians shall pay to the board a
$20 pharmacy technician register fee. The pharmacist in charge shall report to the board
the name, address and date of birth of any newly hired pharmacy technician and the name
of any pharmacy technician who has ceased to be employed by the pharmacy within 10 days
of hiring a pharmacy technician or within 10 days of the cessation of employment of a
pharmacy technician.''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 24, 369, 405, 424, 425, 430, 431, 433, 443, 462, 470, 478, 498, 502, 564 reported
correctly engrossed February 23, 2000.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Lawrence in the chair.
On motion of Senator Lawrence the following report was adopted:
Recommended SB 446, 485, 488, 499, 531, 540, 588 be passed.
The committee report on SB 322 recommending a Sub SB 322 be adopted, and the
substitute bill be passed.
SCR 1629, 1636 be adopted.
The committee report on SCR 1634 recommending a Sub SCR 1634 be adopted, and
the substitute concurrent resolution be adopted.
SB 138, 231, 417, 428, 445, 463, 512, 513, 514, 521, 545, 586; Sub HB 2290 be
amended by adoption of the committee amendments, and the bills be passed as amended.
SB 464 be amended by adoption of the committee amendments.
Senator Hensley moved to amend the bill as amended by Senate Committee, on page 1,
following line 37, by inserting the following section:
``Sec. 4. (a) No person who currently serves as the governor, lieutenant governor,
secretary of state, attorney general, state treasurer, state commissioner of insurance, state
representative or state senator, directly or indirectly, shall hold or cause to be held at any
location outside of the state of Kansas any gathering or other event attended by three or
more individuals at which funds are solicited, raised, pledged or committed for political
purposes, including but not limited to, any campaign expense.
(b) No person who is a candidate for any of the offices listed in subsection (a), directly
or indirectly, shall hold or cause to be held at any location outside of the state of Kansas
any gathering or other event attended by three or more individuals at which funds are
solicited, raised, pledged or committed for political purposes, including but not limited to,
any campaign expense.
(c) No political committee or party committee, directly or indirectly, shall hold or cause
to be held at a location outside the state of Kansas any gathering or other event attended
by three or more individuals at which any funds are solicited, raised, pledged or committed
for political purposes, including but not limited to, any campaign expense.
(d) For the purposes of this section the terms ``party committee'' and ``political
committee'' shall have the meaning ascribed to them in K.S.A. 25-4143, and amendments
thereto.'';
Also on page 1, in line 38, by striking ``New'';
And renumbering the remaining sections accordingly;
In the title, in line 11, by inserting before the period ``; establishing limitations on
campaign contributions
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 12, Nays 28, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Hensley, Jones, Lee, Petty,
Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Gooch,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris,
Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen,
Vratil.
The motion failed and the amendment was rejected.
The Committee recommended SB 464, as amended by adoption of the committee
amendments, be passed as amended.
SB 560 be amended by motion of Senator Clark on page 2, line 25, by inserting a ``period''
after the word confidential and by striking the word ``taxpayer''. On line 26 by striking the
word ``information.'' and after the word ``of'' by striking the words ``confidential taxpayer''
and inserting the word ``such''.
Senator Clark further amended SB 560, on page 2, in line 16, after ``37'', by inserting
``of chapter 79''; in line 18, after ``37'', by inserting ``of chapter 79''
Senator Huelskamp moved to amend the bill on page 1, in line 13, by striking ``This'' and
inserting ``The provisions of sections 1 through 7 of this'';
On page 3, after line 3, by inserting a new section to read as follows:
``Sec. 8. (a) Notwithstanding any provision of law to the contrary: (1) The imposition
of a tax by the state of Kansas or any political subdivision thereof, upon the provision of
internet access or the exchange or use of internet-unique property, goods, services or
information is hereby prohibited; and (2) the imposition of a tax by the state of Kansas or
any political subdivision thereof upon electronic commerce at a rate in excess of the rate
imposed upon all other commerce is hereby prohibited.
(b) As used in this section: (1) ``Tax'' means any charge imposed by any governmental
entity for the purpose of generating revenues for governmental purposes, and is not a fee
imposed for a specific privilege, service, or benefit conferred; (2) ``electronic commerce''
means any transaction conducted over the internet or through internet access, comprising
the sale, lease, license, offer, or delivery of property, goods, services or information, whether
or not for consideration; (3) ``internet'' means collectively the myriad of computer and
telecommunications facilities, including equipment and operating software, which comprise
the interconnected world-wide network of networks that employ the transmission control
protocol/internet protocol, or any predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio; (4) ``internet access'' means a service
that enables users to access content, information, electronic mail, or other services offered
over the internet, and may also include access to proprietary content, information and other
services as part of a package of services offered to users. Such term does not include
telecommunications services; and (5) ``internet-unique property, goods, services or
information'' includes but, is not limited to, electronic mail over the internet, internet site
selections, internet bulletin boards and internet search services, all of which are exchanged
or used exclusively over the internet.'';
By renumbering existing section 8 as section 9;
In the title, in line 9, after ``ACT'' by inserting ``relating to sales taxation; prohibiting the
imposition thereof upon the provision of internet access and sales of internet-unique
property and services;
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 15, Nays 25, Present and Passing 0, Absent or Not Voting
0.
Yeas: Bleeker, Brownlee, Clark, Donovan, Hardenburger, Harrington, Huelskamp,
Jordan, Kerr, Lawrence, Pugh, Ranson, Salmans, Tyson, Umbarger.
Nays: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hensley, Jones, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Salisbury,
Steffes, Steineger, Stephens, Vidricksen, Vratil.
The motion failed and the amendment was rejected.
The Committee recommended SB 560 be passed as amended.
SB 543 be amended by adoption of the committee amendments, be further amended by
motion of Senator Pugh as amended by Senate Committee, on page 1, in line 17, by striking
``to assist'' and inserting ``by''; in line 18, after ``agency'' the first time it appears, by inserting
``to assist such state, county or city agency or officer, and SB 543 be passed as further
amended.
SB 556 be amended by adoption of the committee amendments, be further amended by
motion of Senator Emert on page 1, line 18, by striking ``The agent'' after (1) and inserting
``The individual who, at the time of death of the decedent acted as attorney-in-fact'',
and SB 556 be passed as further amended.
Sub SB 304; SB 410, 558 be passed over and retain a place on the calendar.
On motion of Senator Emert the Senate adjourned until 2:00 p.m., Thursday, February
24, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.