February 25, 2000
Journal of the Senate
THIRTY-FOURTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, February 25, 2000--9:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Feleciano was excused.
President Bond introduced as guest chaplain, Rev. Greg Durant, True Light Baptist
Church, Topeka, who delivered the invocation:
Heavenly Father,
Thank you for the men and women that have committed themselves to serving in the
Kansas State Senate.
Give them Your wisdom as they vote on bills that will impact the lives of many.
Give them Your compassion so that they will not overlook those that are suffering.
Give them Your strength so that they will be able to take a stand by voting for what is
right, even if it is not popular.
Give them Your comfort when they are troubled by the pressures of this job.
Give them your forgiveness for wrong decisions of the past.
And most of all give them Your love because that will last.
In the Name of Christ.
Amen
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 6, by Senator Lana Oleen: A petition requesting the passage of Substitute SB 304
concerning housing; establishing handicapped accessability for new and remodeled
buildings, signed by Peggy A. Ellis, and 26 others from the South East Kansas Consumer
Advocacy Council who live in and around the Ft. Scott, Kansas area.
SP 7, by Senator Lana Oleen: A petition requesting the passage of Substitute SB 304
concerning housing; establishing handicapped accessability for new and remodeled
buildings, signed by Brett Anderson and 15 others from the University of Kansas School of
Architecture & Design from the Lawrence Area.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: HB 2891, 2929, 2945.
Elections and Local Government: HB 2627.
Energy and Natural Resources: HB 2103; Sub HB 2144; HB 2727, 2762, 2860, 2975,
2976.
Judiciary: HB 2501.
Public Health and Welfare: HB 2700, 2757.
Utilities: HB 2897, 2984.
Ways and Means: HB 2559, 2624.
CHANGE OF REFERENCE
The President withdrew SB 382, 438, 546, 609, 615, 621, 622 from the Committee on
Judiciary, and referred the bills to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of Substitute HB 2169; HB 2355, 2372, 2557, 2561, 2580, 2614;
Substitute HB 2642; Substitute HB 2683; HB 2685, 2696, 2750, 2755, 2759;
Substitute HB 2794; HB 2799, 2801, 2809, 2810, 2855, 2879, 2884, 2894, 2899, 2905,
2938, 2954.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
Substitute HB 2169; HB 2355, 2372, 2557, 2561, 2580, 2614; Substitute HB 2642;
Substitute HB 2683; HB 2685, 2696, 2750, 2755, 2759; Substitute HB 2794; HB
2799, 2801, 2809, 2810, 2855, 2879, 2884, 2894, 2899, 2905, 2938, 2954 were
thereupon introduced and read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Gooch introduced the following Senate resolution, which was read:
SENATE RESOLUTION NO. 1815--
A RESOLUTION congratulating and commending the Wichita Chapter of Links.
WHEREAS, The Wichita Chapter of Links, Inc. is celebrating 25 years of hosting
Beautillion, an annual event to help young African-American men obtain scholarship funds
for higher education; and
WHEREAS, The Links, Inc. is an international organization that promotes and engages
in educational, civic and intercultural activities in order to enrich the lives of the community
and to encourage the community to work together and achieve common goals; and
WHEREAS, Over the last 25 years more than 400 young men have participated in
Beautillion. These young men have gone on to become doctors, lawyers, television and radio
personalities, engineers, legislators, business owners and principals, just to name a few. The
Wichita Chapter of Links, Inc. is very proud of their success: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Wichita Chapter of Links, Inc., for hosting Beautillion for 25 years and wish it continued
success in helping to educate young African-American men; and
Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Sharon Cranford, Beautillion Chairlady, 2420 N. Dellrose, Wichita,
Kansas 67220.
On emergency motion of Senator Gooch SR 1815 was adopted unanimously.
Senators Morris and Feleciano introduced the following Senate resolution, which was
read:
SENATE RESOLUTION NO.1816--
A RESOLUTION congratulating and commending Lydia Gonzales.
WHEREAS, Long-time Garden City educator Lydia Gonzales will be honored February
25 in Topeka. She ended her 22-year career this past month at Garden City Community
College due to declining health; and
WHEREAS, She has been credited with assisting numerous Southwest Kansas Hispanic
students and others attain higher education, first as director of the LULAC Education
Service Center in Garden City and then as assistant director of the Educational Talent
Search Program at the college; and
WHEREAS, A designation of ``Lydia Gonzales Day'' will be proclaimed during the annual
Hispanic Legislative Day at the Kansas statehouse; and
WHEREAS, Lydia Gonzales, who returned to school to complete her own college degrees
at the age of 38, began her community service with the League of United Latin American
Citizens in 1978. Among a myriad of civic activities, she was appointed by the governor to
the White House Conference on Families, was named Garden City Business and
Professional Woman of the Year, earned the Outstanding Service Award of the Kansas
Advisory Council for Vocational Education, was listed in a Kansas journal of Hispanic
professionals called ``The King's Highway,'' was named GI Forum Woman of the Year,
earned recognition for outstanding service to students from the University of Kansas,
received a recognition award from the Hispanic Youth Empowerment Project of the U.S.
Hispanic Leadership Institute, and was named a role model for all generations by earning
a 1997 Buena Gente Hispanic Leadership Summit Award: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Lydia Gonzales for her many years of service to the Hispanic community, Garden City
Community College, the city of Garden City and the state of Kansas; and
Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Lydia Gonzales, 204 South 6th Street, Garden City, Kansas 67846
and to Elias L. Garcia, Executive Director, Topeka Human Relations Commission, 215 S.E.
7th Street, Room 170, Topeka, Kansas 66603.
On emergency motion of Senator Morris SR 1816 was adopted unanimously.
Lydia Gonzales and members of her family accompanying her were recognized and
welcomed.
REPORT ON ENROLLED BILLS
SR 1815 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 25, 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
Steffes in the chair.
On motion of Senator Steffes the following report was adopted:
Recommended SB 224, 595, 611 be passed.
SB 489, 490, 530, 578, 629 be amended by adoption of the committee amendments,
and the bills be passed as amended.
SB 328 be amended by motion of Senator Lawrence, on page 3, by striking all of lines
1 through 43;
On page 4, by striking all of lines 1 through 43;
On page 5, by striking all of lines 1 through 29; following line 29, by inserting a new
section as follows:
``Sec. 4. K.S.A. 1999 Supp. 72-6407 is hereby amended to read as follows: 72-6407. (a)
``Pupil'' means any person who is regularly enrolled in a district and attending kindergarten
or any of the grades one through 12 maintained by the district or who is regularly enrolled
in a district and attending kindergarten or any of the grades one through 12 in another
district in accordance with an agreement entered into under authority of K.S.A. 72-8233,
and amendments thereto, or who is regularly enrolled in a district and attending special
education services provided for preschool-aged exceptional children by the district. Except
as otherwise provided in this subsection, a pupil in attendance full time shall be counted as
one pupil. A pupil in attendance part time shall be counted as that proportion of one pupil
(to the nearest 1/10) that the pupil's attendance bears to full-time attendance. A pupil
attending kindergarten shall be counted as 1/2 pupil. A pupil enrolled in and attending an
institution of postsecondary education which is authorized under the laws of this state to
award academic degrees shall be counted as one pupil if the pupil's postsecondary education
enrollment and attendance together with the pupil's attendance in either of the grades 11
or 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil
(to the nearest 1/10) that the total time of the pupil's postsecondary education attendance
and attendance in grade 11 or 12, as applicable, bears to full-time attendance. A pupil
enrolled in and attending an area vocational school, area vocational-technical school or
approved vocational education program shall be counted as one pupil if the pupil's vocational
education enrollment and attendance together with the pupil's attendance in any of grades
nine through 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion
of one pupil (to the nearest 1/10) that the total time of the pupil's vocational education
attendance and attendance in any of grades nine through 12 bears to full-time attendance.
A pupil enrolled in a district and attending special education services, except special
education services for preschool-aged exceptional children, provided for by the district shall
be counted as one pupil. A pupil enrolled in a district and attending special education
services for preschool-aged exceptional children provided for by the district shall be counted
as 1/2 pupil. A preschool-aged at-risk pupil enrolled in a district and receiving services under
an approved at-risk pupil assistance plan maintained by the district shall be counted as 1/2
pupil. A pupil in the custody of the secretary of social and rehabilitation services and enrolled
in unified school district No. 259, Sedgwick county, Kansas, but housed, maintained, and
receiving educational services at the Judge James V. Riddel Boys Ranch, shall be counted
as two pupils. A pupil residing at the Flint Hills job corps center shall not be counted. A
pupil confined in and receiving educational services provided for by a district at a juvenile
detention facility shall not be counted. A pupil enrolled in a district but housed, maintained,
and receiving educational services at a state institution shall not be counted.
(b) ``Preschool-aged exceptional children'' means exceptional children, except gifted
children, who have attained the age of three years but are under the age of eligibility for
attendance at kindergarten.
(c) ``At-risk pupils'' means pupils who are eligible for free meals under the national school
lunch act and who are enrolled in a district which maintains an approved at-risk pupil
assistance plan.
(d) ``Preschool-aged at-risk pupil'' means an at-risk pupil who has attained the age of four
years, is under the age of eligibility for attendance at kindergarten, and has been selected
by the state board in accordance with guidelines consonant with guidelines governing the
selection of pupils for participation in head start programs. The state board shall select not
more than 1,794 preschool-aged at-risk pupils to be counted in any school year.
(e) ``Enrollment'' means, for districts scheduling the school days or school hours of the
school term on a trimestral or quarterly basis, the number of pupils regularly enrolled in
the district on September 20 plus the number of pupils regularly enrolled in the district on
February 20 less the number of pupils regularly enrolled on February 20 who were counted
in the enrollment of the district on September 20; and for districts not hereinbefore
specified, the number of pupils regularly enrolled in the district on September 20.
Notwithstanding the foregoing, if enrollment in a district in any school year has decreased
from enrollment in the preceding school year, enrollment of the district in the current school
year means whichever is the greater of (1) enrollment in the preceding school year minus
enrollment in such school year of preschool-aged at-risk pupils, if any such pupils were
enrolled, plus enrollment in the current school year of preschool-aged at-risk pupils, if any
such pupils are enrolled, or (2) the sum of enrollment in the current school year of preschool-
aged at-risk pupils, if any such pupils are enrolled and the average (mean) of the sum of (A)
enrollment of the district in the current school year minus enrollment in such school year
of preschool-aged at-risk pupils, if any such pupils are enrolled and (B) enrollment in the
preceding school year minus enrollment in such school year of preschool-aged at-risk pupils,
if any such pupils were enrolled and (C) enrollment in the school year next preceding the
preceding school year minus enrollment in such school year of preschool-aged at-risk pupils,
if any such pupils were enrolled.
(f) ``Adjusted enrollment'' means enrollment adjusted by adding at-risk pupil weighting,
program weighting, low enrollment weighting, if any, correlation weighting, if any, school
facilities weighting, if any, ancillary school facilities weighting, if any, and transportation
weighting to enrollment.
(g) ``At-risk pupil weighting'' means an addend component assigned to enrollment of
districts on the basis of enrollment of at-risk pupils.
(h) ``Program weighting'' means an addend component assigned to enrollment of districts
on the basis of pupil attendance in educational programs which differ in cost from regular
educational programs.
(i) ``Low enrollment weighting'' means an addend component assigned to enrollment of
districts having under 1,725 enrollment on the basis of costs attributable to maintenance of
educational programs by such districts in comparison with costs attributable to maintenance
of educational programs by districts having 1,725 or over enrollment.
(j) ``School facilities weighting'' means an addend component assigned to enrollment of
districts on the basis of costs attributable to commencing operation of new school facilities.
School facilities weighting may be assigned to enrollment of a district only if the district has
adopted a local option budget and budgeted therein the total amount authorized for the
school year. School facilities weighting may be assigned to enrollment of the district only in
the school year in which operation of a new school facility is commenced and in the next
succeeding school year.
(k) ``Transportation weighting'' means an addend component assigned to enrollment of
districts on the basis of costs attributable to the provision or furnishing of transportation.
(l) ``Correlation weighting'' means an addend component assigned to enrollment of
districts having 1,725 or over enrollment on the basis of costs attributable to maintenance
of educational programs by such districts as a correlate to low enrollment weighting assigned
to enrollment of districts having under 1,725 enrollment.
(m) ``Ancillary school facilities weighting'' means an addend component assigned to
enrollment of districts to which the provisions of K.S.A. 1999 Supp. 72-6441, and
amendments thereto, apply on the basis of costs attributable to commencing operation of
new school facilities. Ancillary school facilities weighting may be assigned to enrollment of
a district only if the district has levied a tax under authority of K.S.A. 1999 Supp. 72-6441,
and amendments thereto, and remitted the proceeds from such tax to the state treasurer.
Ancillary school facilities weighting is in addition to assignment of school facilities weighting
to enrollment of any district eligible for such weighting.
(n) ``Juvenile detention facility'' means any community juvenile corrections center or
facility, the Forbes Juvenile Attention Facility, the Sappa Valley Youth Ranch of Oberlin,
the Parkview Passages Residential Treatment Center of Topeka, Charter Wichita Behavior
Health System, L.L.C. and Salvation Army/Koch Center Youth Services.
(o) ``Career teacher weighting'' means an addend component assigned to enrollment of
districts in which an approved career teacher salary plan is being maintained on the basis
of costs attributable to maintenance of the plan.'';
Also on page 5, in line 30, by striking ``1998'' and inserting ``1999'';
On page 9, by striking all of lines 38 through 43;
On page 10, by striking all of lines 1 through 15; following line 15, by inserting a new
section as follows:
``Sec. 5. K.S.A. 1999 Supp. 72-9002 is hereby amended to read as follows: 72-9002. As
used in this act:
(a) ``Board'' means the board of education of a school district, the governing authority of
any nonpublic school offering any of grades kindergarten through 12 in accredited schools,
the board of control of an area vocational-technical school, and the board of trustees of a
community college.
(b) ``State board'' means, in the case of school districts and nonpublic schools, the state
board of education; and in the case of area vocational-technical schools and community
colleges, the state board of regents.
(c) ``Employees'' means all certificated employees of school districts and, including career
teachers who are participating in the career teacher salary plan of the board of a school
district, all certificated employees of nonpublic schools, all instructional and administrative
employees of area vocational-technical schools and all full-time employees of community
colleges.
(d) ``Full-time employees of community colleges'' means instructional and administrative
employees who are under contract for services to a community college for a term of not
less than nine months and whose services to a community college are considered their
principal employment.
(e) ``School year'' means the period from July 1 to June 30.
(f) ``Accredited'' means accredited by the state board of education.'';
Also on page 10, in line 16, after ``72-5413'' by striking the comma and inserting ``and'';
also in line 16, by striking ``and 72-9002''; in line 17, by striking ``1998'' and inserting ``1999'';
also in line 17, by striking ``and'' and inserting a comma; also in line 17, after ``72-6409'', by
inserting ``and 72-9002''; in line 19, by striking ``2000'' and inserting ``2001'';
In the title, in line 10, after ``72-5413'' by striking the comma and inserting ``and''; in line
11, by striking ``72-9002 and''; also in line 11, by striking ``1998'' and inserting ``1999''; also
in line 11, after ``72-6407'', by striking ``and'' and inserting a comma; also in line 11, before
``repealing'', by inserting ``72-9002 and'';
Senator Oleen moved to amend SB 328, on page 2, in line 3, after the period, by inserting
``No board or administrator shall impose any sanction on any teacher because the teacher
declines to participate in a career teacher salary plan.''; and the bill be passed as amended.
Senator Downey moved to amend SB 328 on page 2, by striking all of lines 12 through
28;
On page 6, by striking all of lines 38 through 43;
On page 7, by striking all of lines 1 through 43;
On page 8, by striking all of lines 1 through 43;
On page 9, by striking all of lines 1 through 37;
By renumbering sections 11 through 13 as sections 9 through 11, respectively;
On page 10, in line 16, by striking ``, 72-5413, 72-5236'';
In the title, in line 10, by striking ``, 72-5413, 72-5436'';
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 13, Nays 25, Present and Passing 0, Absent or Not Voting
2.
Yeas: Barone, Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee, Petty,
Steineger, Stephens, Tyson.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Feleciano, Harrington.
The motion failed and the amendment was rejected.
On motion to recommend SB 328 favorably for passage, a roll call vote was requested
upon the showing of five hands.
On roll call, the vote was: Yeas 23, Nays 15, Present and Passing 0, Absent or Not Voting
2.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Pugh, Ranson, Salisbury,
Salmans, Steffes, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee, Oleen,
Petty, Praeger, Steineger, Stephens, Tyson.
Absent or Not Voting: Feleciano, Harrington.
The motion was adopted and the Committee recommended SB 328 be passed as
amended.
SB 366 be amended by adoption of the committee amendments, be further amended by
motion of Senator Emert, as amended by Senate Committee, on page 129, after line 42, by
inserting the following:
``Sec. 154. K.S.A. 1999 Supp. 65-406 is hereby amended to read as follows: 65-406. (a)
Every hospital, which and every person licensed to practice medicine and surgery, that
furnishes emergency, medical or other service to any patient injured by reason of an accident
not covered by the workers compensation act, if such injured party asserts or maintains a
claim against another for damages on account of such injuries, shall have a lien upon that
part going or belonging to such patient of any recovery or sum had or collected or to be
collected by such patient, or by such patient's heirs, personal representatives or next of kin
in the case of such patient's death, whether by judgment or by settlement or compromise.
(b) Such lien shall be to the amount of the reasonable and necessary charges of such
hospital or person licensed to practice medicine and surgery for the treatment, care and
maintenance of such patient in such hospital or by such person up to the date of payment
of such damages. Such lien shall not in any way prejudice or interfere with any lien or
contract which may be made by such patient or such patient's heirs or personal
representatives with any attorney or attorneys for handling the claim on behalf of such
patient or such patient's heirs or personal representatives. Such lien shall not be applied or
considered valid against anyone coming under the workers compensation act in this state.
(c) In the event the claimed lien is for the sum of $5000 $5,000 or less it shall be fully
enforceable as contemplated by subsection (a) of this section. In the event the claimed lien
is for a sum in excess of $5,000 the first $5,000 of the claimed lien shall be fully enforceable
as contemplated by subsection (a) of this section, and that part of the claimed lien in excess
of $5,000 shall only be enforceable to the extent that its enforcement constitutes an equitable
distribution of any settlement or judgment under the circumstances. In the event the patient
or such patient's heirs or personal representatives and, the hospital or hospitals, and the
person or persons licensed to practice medicine and surgery cannot stipulate to an equitable
distribution of a proposed or actual settlement or a judgment, the matter shall be submitted
to the court in which the claim is pending, or if no action is pending then to any court
having jurisdiction and venue of the injury or death claim, for determination of an equitable
distribution of the proposed or actual settlement or judgment under the circumstances.
Sec. 155. K.S.A. 65-407 is hereby amended to read as follows: 65-407. No such lien shall
be effective unless a written notice containing an itemized statement of all claims, the name
and address of the injured person, the date of the accident, the name and location of the
hospital, or if the lien is sought by a person licensed to practice medicine and surgery, the
location of the office where such person treated the injured person, and the name of the
person or persons, firm or firms, corporation or corporations alleged to be liable to the
injured party for the injuries received, shall be filed in the office of the clerk of the district
court of the county in which such hospital is located, or if the lien is sought by a person
licensed to practice medicine and surgery, the clerk of the district court of the county in
which such person treated the injured person, prior to the payment of any moneys to such
injured person, his attorneys or legal representatives, as compensation for such injuries; nor
unless the hospital or person licensed to practice medicine and surgery shall also send, by
registered or certified mail, postage prepaid, a copy of such notice with a statement of the
date of filing thereof to the person or persons, firm or firms, corporation or corporations
alleged to be liable to the injured party for the injuries sustained prior to the payment of
any moneys to such injured person, his attorneys or legal representative, as compensation
for such injuries. Such hospital or person shall mail a copy of such notice to any insurance
carrier which has insured such person, firm or corporation against such liability, if the name
and address shall be known. Such hospital or person shall also send, by registered or certified
mail a copy of such notice to such patient upon whom emergency medical or other service
has been performed, if the name and address of such patient shall be known to the hospital
or the person licensed to practice medicine and surgery or can with reasonable diligence be
ascertained.
Sec. 156. K.S.A. 65-408 is hereby amended to read as follows: 65-408. Any person or
persons, firm or firms, corporation or corporations, including an insurance carrier, making
any payment to such patient or to his attorneys or heirs or legal representatives as
compensation for the injury sustained, after the filing and mailing of such notice without
paying to such hospital or person licensed to practice medicine and surgery the amount of
its lien or so much thereof as can be satisfied out of the moneys due under any final judgment
or compromise or settlement agreement, after paying the amount of any prior liens, shall,
for a period of one year from the date of payment to such patient or his such patient's heirs,
attorneys or legal representatives, as aforesaid; be and remain liable to such hospital or
person for the amount which such hospital or person was entitled to receive as aforesaid;
any such association, corporation or other institution maintaining such hospital may, within
such period, enforce its lien by a suit at law against such person or persons, firm or firms,
corporation or corporations making any such payment.'';
And by renumbering sections accordingly;
Also on page 129, in line 43, after ``K.S.A.'', by inserting, ``65-407, 65-408,'' ;
On page 130, in line 12, after ``Supp.'' by inserting ``65-406,'';
On page 1, in the title, in line 11, after the semicolon, by inserting ``liens;''; also in line
11, after ``K.S.A.'', by inserting ``65-407, 65-408,''; in line 14, after ``Supp.'', by inserting ``65-
406, and SB 366 be passed as further amended.
Having voted on the prevailing side, Senator Emert moved the Senate reconsider its
action on SB 366. The motion carried.
Senator Vratil, having voted on the prevailing side, moved the Senate reconsider its action
on the amendment offered by Senator Emert on SB 366.
On motion of Senator Emert the amendment was withdrawn and the Committee
recommended SB 366 be passed as amended.
SB 491 be amended by adoption of the committee amendments.
Senator Barone moved to amend the bill on page 3, lines 14 and 19 by striking 120 and
inserting 30, on page 6, line 33, by striking 120 and inserting 30, on page 12, line 18, by
striking 120 and inserting 30. The motion failed and the amendment was rejected.
The Committee recommended SB 491 be passed as amended.
SB 568 be amended by adoption of the committee amendments, and be further amended
by motion of Senator Pugh, as amended by Senate Committee, on page 2, in line 32, after
the period, by inserting: ``The secretary, upon written request from a landowner or tenant,
shall issue two special hunt-on-your-own-land deer permits for each 80 acres owned or
leased by such applicant. The owner or tenant may assign such permits, by endorsement
thereon, with or without consideration, to any licensed resident or nonresident hunter.''.
Senator Biggs moved to amend the bill, on page 6, line 14, by striking New Section 4.,
on lines 14 through 41, and renumbering all sections accordingly, and SB 568 be passed as
further amended.
Sub SB 304 be amended by adoption of the committee report recommending a substitute
bill, be further amended by motion of Senator Oleen, on page 3, in line 26, following the
period, by inserting ``The secretary shall give notice of all applications for waivers to the
secretary of the department of commerce and housing. The secretary of commerce and
housing may submit recommendations and comments concerning a request for a waiver and
the secretary of administration shall consider any such recommendations or comments when
granting or denying a waiver.''; in line 30, following the period, by inserting ``Notice of such
decision shall be given to the secretary of the department of commerce and housing.'';
following line 32, by inserting:
``Unless otherwise provided by rules and regulations adopted by the secretary of
administration, proceedings to consider a waiver under this section shall be conducted in
accordance with the provisions of the Kansas administrative procedures act.
Appeals from the decision of the secretary of administration shall be governed by the
provisions of the act for judicial review and civil enforcement of agency actions.'';
Also on page 3, in line 35, before the semicolon, by inserting ``or which is under contract
for occupation by the owner''; in line 43, by striking ``or'';
On page 4, in line 2, by striking all after ``funds''; by striking all in line 3 and inserting ``;
or''; following line 3, by inserting:
``(f) a dwelling the design or construction of which commenced prior to July 1, 2000, as
evidenced by (1) a payment for such design or construction, (2) a contract for such design
or construction or (3) or other proof sufficient to the secretary of administration as
prescribed by rules and regulations.
Sec. 8. This act shall take effect and be in force from and after its publication in the
statute book.'', and the substitute bill be passed as amended.
Sub SB 599 be amended by adoption of the committee report recommending a substitute
bill, be further amended by motion of Senator Huelskamp, on page 5, in line 30, by inserting
after the word ``assistant'' ``or presented to the state board of healing arts proof that the
applicant has acquired experience while serving in the armed forces of the United States
which experience is equivalent to the minimum experience requirements established by the
state board of healing arts''; and the substitute bill be passed as amended.
SB 558 be passed over and retain a place on the calendar.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 224; Sub SB 304; SB 328, 366, 489, 490, 491, 530, 568, 578, 595; Sub SB
599; SB 611, 629 were advanced to Final Action and roll call.
SB 224, An act concerning district coroners; notification and investigation of deaths;
amending K.S.A. 22a-231 and 22a-232 and repealing the existing sections.
On roll call, the vote was: Yeas 34, Nays 5, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp, Jones, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson, Salmans, Steffes,
Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Hensley, Jordan, Petty, Salisbury.
Absent or Not Voting: Feleciano.
The bill passed.
Sub SB 304, An act establishing accessibility standards for certain dwellings.
On roll call, the vote was: Yeas 30, Nays 8, Present and Passing 1, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch,
Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Salisbury, Salmans, Steffes, Steineger, Stephens, Vidricksen,
Vratil.
Nays: Bleeker, Brownlee, Clark, Harrington, Huelskamp, Pugh, Tyson, Umbarger.
Present and Passing: Ranson.
Absent or Not Voting: Feleciano.
The substitute bill passed, as amended.
SB 328, An act concerning school districts; authorizing adoption of career teacher salary
plans; amending K.S.A. 72-5410, 72-5413 and 72-5436 and K.S.A. 1999 Supp. 72-6407, 72-
6409 and 72-9002 and repealing the existing sections.
On roll call, the vote was: Yeas 23, Nays 16, Present and Passing 0, Absent or Not Voting
1.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Pugh, Ranson,
Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Downey, Emert, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Oleen, Petty, Praeger, Steineger, Stephens, Tyson.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: SB 328 does not recognize excellent teachers. Merit pay or alternative
pay systems are intended to reward exceptional knowledge and skills or school-based
improvement. Under SB 328 ``merit pay'' is not contingent upon the impact a teacher has
on student achievement or the improvement of the school. Instead it deems as meritorious
any teacher willing to sign away his/her contract and due process rights. Signing away due
process rights doesn't make teachers meritorious; it simply puts them at risk--Christine
Downey
Mr. President: SB 328 costs too much. The fiscal note indicates that, with 10%
participation, the bill would cost $4.7 million per year. With no limit on participation, there
is a potential cost of up to $50 million per year. This when there are questions about the
state's ability to fund the $50 increase in BSAPP and is considering a reduction in the special
education reimbursement.
SB 328 does not recognize excellent teachers. Merit pay or alternative pay systems
are intended to reward exceptional knowledge and skills or school-based improvement.
Under SB 328 ``merit pay'' is not contingent upon the impact a teacher has on student
achievement or the improvement of the school. Instead it deems as meritorious any teacher
willing to sign away his/her contract and due process rights.
I vote no on SB 328--Janis K. Lee
Senators Gooch, Goodwin, Hensley, Petty and Stephens request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Lee on SB 328 .
SB 366, An act concerning the uniform commercial code; relating to secured transactions;
amending K.S.A. 84-1-105, 84-2-103, 84-2-210, 84-2-326, 84-2-502, 84-2-716, 84-2a-103,
84-2a-303, 84-2a-307, 84-2a-309, 84-4-210, 84-7-503, 84-8-103, 84-8-106, 84-8-110, 84-8-
301, 84-8-302 and 84-8-510 and K.S.A. 1999 Supp. 84-1-201 and repealing the existing
sections; also repealing K.S.A. 84-9-101, 84-9-103, 84-9-104, 84-9-105, 84-9-106, 84-9-107,
84-9-108, 84-9-109, 84-9-110, 84-9-112, 84-9-113, 84-9-114, 84-9-115, 84-9-116, 84-9-201,
84-9-202, 84-9-203, 84-9-204, 84-9-205, 84-9-206, 84-9-207, 84-9-208, 84-9-301, 84-9-303,
84-9-304, 84-9-305, 84-9-306, 84-9-307, 84-9-308, 84-9-309, 84-9-310, 84-9-311, 84-9-312,
84-9-313, 84-9-314, 84-9-315, 84-9-316, 84-9-317, 84-9-318, 84-9-319, 84-9-401, 84-9-402,
84-9-402a, 84-9-403, 84-9-404, 84-9-405, 84-9-406, 84-9-407, 84-9-408, 84-9-410, 84-9-411,
84-9-412, 84-9-413, 84-9-501, 84-9-502, 84-9-503, 84-9-504, 84-9-505, 84-9-506, 84-9-507
and 84-9-508 and K.S.A. 1999 Supp. 84-9-102, 84-9-302 and 84-9-414.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 489, An act concerning the dealers and manufacturers licensing act; relating to
owning, acting as or controlling new vehicle dealers; sale and delivery of vehicles and
responsibilities with respect thereto; prescribing certain prohibited acts.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 490, An act concerning crimes, criminal procedure and punishment; relating to
community corrections; placement of offenders; amending K.S.A. 21-4606b and 22-3431
and K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610, 21-4611 and 75-5291 and repealing
the existing sections.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 491, An act concerning crimes, criminal procedure and punishment; relating to
probation and suspension of sentence, jail confinement; conditional violators, dispositions;
postrelease supervision; placement of inmates; amending K.S.A. 21-4602, 22-3716 and 75-
52,129 and K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610 and 22-3717 and repealing the
existing sections.
On roll call, the vote was: Yeas 35, Nays 4, Present and Passing 0, Absent or Not Voting
1.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gooch, Goodwin, Hardenburger, Harrington, Jones, Jordan, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger,
Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Gilstrap, Hensley, Huelskamp.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 530, An act concerning child support enforcement; establishing the Kansas payment
center; income withholding; amending K.S.A. 23-4,136, 38-1123 and 60-2803 and K.S.A.
1999 Supp. 23-4,106, 23-4,108, 23-4,118, 38-1121, 60-1610 and 60-2308 and repealing the
existing sections.
On roll call, the vote was: Yeas 31, Nays 8, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Gooch, Goodwin,
Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens,
Umbarger, Vidricksen.
Nays: Bleeker, Brownlee, Clark, Gilstrap, Huelskamp, Pugh, Tyson, Vratil.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 568, An act concerning big game; relating to nonresident deer permits; concerning
reduction of certain deer populations; relating to disposition of certain fees; amending K.S.A.
1999 Supp. 32-937 and 32-965 and repealing the existing sections.
On roll call, the vote was: Yeas 27, Nays 12, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Bleeker, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jordan, Lee, Morris,
Petty, Pugh, Ranson, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger.
Nays: Biggs, Bond, Goodwin, Jones, Kerr, Langworthy, Lawrence, Oleen, Praeger,
Salisbury, Vidricksen, Vratil.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: My no vote is the result of the floor amendment to add a new category
of deer permit, ``special landowner or tenant hunt-on-your-own-land permit that shall be
transferable''. This moves us into totally unchartered territory with major unknown
consequences on deer management in Kansas--Donald E. Biggs
Senators Goodwin, Kerr, Lawrence, Oleen, Salisbury and Vratil request the record to
show they concur with the ``Explanation of Vote'' offered by Senator Lee on SB 568.
SB 578, An act concerning courts; relating to collection of debts owed thereto; amending
K.S.A. 1999 Supp. 21-4603d and 23-496 and repealing the existing sections.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
SB 595, An act concerning crimes, criminal procedure and punishment; relating to
stalking; amending K.S.A. 21-3438 and repealing the existing section.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed.
Sub SB 599, An act providing for licensure of physician assistants; providing for the
regulation of the practice thereof; amending K.S.A. 40-2,111 and 75-6102 and K.S.A. 1999
Supp. 17-2707, 17-2710, 38-135, 40-3401, 60-4402, 65-118, 65-1626, 65-2836, 65-28,127,
65-4101, 65-4915, 65-6112, 65-6135 and 65-6701 and repealing the existing sections; also
repealing K.S.A. 65-2896a, 65-2896c, 65-2896d, 65-2896f, 65-2896g, 65-2896h, 65-2897a
and 65-2897b and K.S.A. 1999 Supp. 65-2896, 65-2896b, 65-2896e and 65-4101a.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The substitute bill passed, as amended.
SB 611, An act relating to license plates for United States military veterans; amending
K.S.A. 1999 Supp. 8-1,146 and repealing the existing section.
On roll call, the vote was: Yeas 27, Nays 11, Present and Passing 1, Absent or Not Voting
1.
Yeas: Barone, Becker, Bleeker, Brownlee, Clark, Donovan, Downey, Gilstrap, Gooch,
Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jordan, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger.
Nays: Biggs, Bond, Corbin, Emert, Jones, Kerr, Langworthy, Lawrence, Ranson,
Salisbury, Vratil.
Present and Passing: Vidricksen.
Absent or Not Voting: Feleciano.
The bill passed.
SB 629, An act concerning business entities; relating to annual reports; annual franchise
tax; amending K.S.A. 1999 Supp. 17-7503, 17-7505, 17-76,139, 45-221, 56-1a-606, 56-1a-
607, 56a-1201 and 56a-1202 and repealing the existing sections.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, 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.
Absent or Not Voting: Feleciano.
The bill passed, as amended.
CHANGE OF REFERENCE
The President withdrew SB 372, 557, 558 from the Calendar under the heading of
General Orders and referred the bills to the Committee on Ways and Means.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
29, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.