March 15, 2000
Journal of the Senate
FORTY-SIXTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, March 15, 2000--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Perhaps my prayer is not the place
Where this subject should be treated.
But Coach Williams is not happy
At how his team is seeded.
I'm sure the coach did not expect
To be seeded number one.
But evidently number eight
Left him somewhat stunned!
And then I got to thinking, Lord,
Suppose we all were seeded
Based on how we've done thus far . . .
Had failed or had succeeded.
But like the dying thief, O God,
Who on the cross received Your grace,
No matter what our seed has been,
Our record is erased!
So just remind old Roy, dear Lord,
In the game of life or basketball;
Whether your seed's sixteen or one,
Any team can win it all!!!
I pray in the Name of the One
Whose blood can erase our record,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 663, An act concerning gynecological care; authorizing such care under certain
circumstances without visiting a primary care provider, by Committee on Federal and State
Affairs.
SB 664, An act concerning agriculture; relating to inspection fees; funding for plant pest
activities; amending K.S.A. 2-2911 and K.S.A. 1999 Supp. 2-1012 and 2-1205 and repealing
the existing sections, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Education: SCR 1644.
Elections and Local Government: SB 662.
Judiciary: HB 2724.
Public Health and Welfare: SB 661.
Ways and Means: HB 2017.
REFERRAL OF APPOINTMENTS
The following appointment made by the Governor and submitted to the senate for
confirmation, was referred to Committee as indicated:
Kansas Corporation Commission, John R. Wine, effective upon the date of confirmation by
the Senate to serve a four-year term expiring March 15, 2004.
(Utilities)
MESSAGE FROM THE GOVERNOR
March 15, 2000
Message to the Senate of the State of Kansas:
Enclosed herewith is Executive Order No. 00-04 for your information.
Bill Graves
Governor
The President announced Executive Order No. 00-04, ordering the Secretary of the
Kansas Department of Health and Environment to identify all known sources of existing
and potential pollution of the equus beds aquifer and to collect, compile and maintain a
public reporting of information regarding such existing and potential pollution following
certain guidelines, is on file in the office of the Secretary of the Senate and is available for
viewing any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2588, 2715, 3009.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2588, 2715, 3009 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Corbin moved the Senate concur in house amendments to SB 500.
SB 500, An act concerning the Kansas water office; relating to employees of the Kansas
water office and members of the Kansas water authority; amending K.S.A. 1999 Supp. 74-
2614 and 74-2622 and repealing the existing sections.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Senate concurred.
Senator Morris moved the Senate concur in house amendments to SB 564.
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.
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 Senate concurred.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2538, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:
On page 1, in line 21, before ``drug'' where it appears for the last time, by inserting ``drug
which contains ephedrine alkaloids,''; in line 25, before ``drug'' where it appears for the last
time, by inserting ``drug which contains ephedrine alkaloids,'';
On page 2, in line 6, before ``drug'' by inserting ``drug which contains ephedrine
alkaloids,'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Larry D. Salmans
Chris Steineger
Conferees on the part of Senate
Garry Boston
Kathe Lloyd
Judy Showalter
Conferees on part of House
Senator Praeger moved the Senate adopt the Conference Committee Report on HB
2538.
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 Conference Committee report was adopted.
FINAL ACTION ON CONSENT CALENDAR
HB 2677 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.
HB 2677, An act relating to insurance; concerning title insurance; amending K.S.A. 1999
Supp. 40-1137 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 OF BILLS AND CONCURRENT RESOLUTIONS
SB 266, An act concerning the university of Kansas school of medicine; relating to the
medical student loan act; concerning satisfaction of loan recipients service obligation;
amending K.S.A. 76-384 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 549, An act concerning cities; relating to depositories for public moneys; amending
K.S.A. 1999 Supp. 9-1406 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Corbin, Pugh, Ranson.
The bill passed.
S Sub for HB 2476, An act concerning educational institutions governed or coordinated
by the state board of regents; enacting the Kansas partnership for faculty of distinction
program; prescribing certain powers, duties and functions and guidelines therefor; transfers
from the state general 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 substitute bill passed.
HB 2622, An act authorizing establishment of the Northeast Kansas technical college,
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.
Sub HB 2642, An act regulating traffic; concerning the maximum length of certain
vehicles; amending K.S.A. 1999 Supp. 8-1904 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 substitute bill passed.
HB 2659, An act concerning water; relating to public wholesale water supply districts,
watershed districts and water districts; amending K.S.A. 19-3545, 19-3552, 24-1228 and
82a-630 and repealing the existing sections, 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, 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, Salisbury, Salmans, Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Ranson, Stephens.
The bill passed, as amended.
HB 2660, An act concerning certain claims against the state, making appropriations,
authorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, was
considered on final action.
On roll call, the vote was: Yeas 28, Nays 12, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Donovan, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Harrington, Hensley, Jones, Jordan, Langworthy, Lawrence, Lee, Morris,
Oleen, Petty, Praeger, Ranson, Salisbury, Steineger, Stephens, Umbarger, Vidricksen.
Nays: Biggs, Clark, Corbin, Emert, Hardenburger, Huelskamp, Kerr, Pugh, Salmans,
Steffes, Tyson, Vratil.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I vote ``yes'' for the claims committee bill, HB 2660.
In reference to the Stephanie Schmidt claim, the only precedent we are setting is to take
responsibility for a state parole officer who woefully fell short in his duty to supervise the
most dangerous type of parolee. Even when warned by the parolee's family about his scary
behavior, the parole officer took no action on behalf of the townspeople nor to protect the
parolee's coworkers, one of whom was Stephanie Schmidt. My hope is that this small amount
for Stephanie's family will acknowledge the grave sin of omission by the parole officer. I
commend the Schmidt's for their hard work to make Kansas a safer place for all of us,
especially after their devastating loss.--Karin Brownlee
HB 2781, An act concerning the state corporation commission; relating to application of
certain penalties; amending K.S.A. 1999 Supp. 55-164 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.
HB 2810, An act concerning school districts; affecting the count of preschool-aged at-
risk pupils; revising the definition of juvenile detention facility for the provision of
educational services and grants of state moneys; amending K.S.A. 1999 Supp. 72-6407, 72-
6430 and 72-8187 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.
HB 2826, An act concerning oil and gas; relating to unitization and unit operations;
amending K.S.A. 55-1304, 55-1308 and 55-1312 and K.S.A. 1999 Supp. 55-1305 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.
HB 2854, An act concerning elections; relating to ballots and ballot applications; relating
to election machines; amending K.S.A. 25-1329 and 25-4406 and K.S.A. 1999 Supp. 25-
1122d and 25-2316c 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.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Kerr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1821--
A RESOLUTION congratulating and commending the Quivira Council,
Boy Scouts of America.
WHEREAS, Americans are recycling nearly two-thirds of the aluminum cans produced;
and
WHEREAS, The Mohawk District of the Quivira Council, Boy Scouts of America, and
their leaders are doing their part by encouraging aluminum can recycling through the Great
Aluminum Can RoundUp; and
WHEREAS, During the 1999 Great Aluminum Can RoundUp, the Mohawk District of
the Quivira Council, Boy Scouts of America, collected 58,856 pounds of aluminum cans,
consisting of well over 2,000,000 cans, whereby the Quivira Council was the top boy scout
council recycler in the nation out of nearly 350 competing councils. Bret K. Willems of
Troop 306 of Hutchinson was named the champion individual collector with 412 pounds of
aluminum cans. Cans were collected on a weekly schedule from local businesses. On the
main turn-in day, vehicles were lined up for more than five blocks and some waited two
hours to turn in their aluminum cans at the receiving business, Midwest Iron & Metal, Inc.
The proceeds from the sale of the cans will be used to send Kansas youths to summer camp;
and
WHEREAS, The Can Manufacturers Institute will be recognizing the accomplishments
of the Quivira Council, Boy Scouts of America, the Mohawk District thereof, the Hutchinson
Community and the state of Kansas at the Kansas Department of Health and Environment
and the Kansas Recyclers Association Conference to be held at 6:30 p.m. on March 22,
2000, at Bethany College's Pihlblad Memorial Union in Lindsborg: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Quivira Council, Boy Scouts of America; the Mohawk District of the Quivira Council;
Bret K. Willems of Boy Scout Troop 306, Hutchinson, and the entire Hutchinson
community in improving our environment and providing nearly 30 tons of aluminum for
recycling; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Kerr.
On emergency motion of Senator Kerr SR 1821 was adopted unanimously.
Senator Kerr introduced Scouts Bret Willems, Alex and Chris Stephenson and
Scoutmaster and Mrs. Ray Willems, Hutchinson, Kansas.
Senator Kerr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1822--
A RESOLUTION congratulating and commending the Wheatbelt Girl Scout Council.
WHEREAS, Americans are recycling nearly two-thirds of the aluminum cans produced;
and
WHEREAS, The Wheatbelt Girl Scout Council and their leaders are doing their part by
encouraging aluminum can recycling through the Great Aluminum Can RoundUp; and
WHEREAS, During the 1999 Great Aluminum Can RoundUp, the Wheatbelt Girl Scout
Council collected 44,259 pounds of aluminum cans, with 33,000 pounds being collected by
Troop 94 of Hutchinson, to be the girls champion for the 1999 competition. On pick-up
day the girls of Troop 94 started at 6:00 a.m. to receive cans from a line of vehicles stretching
for nearly four blocks; and
WHEREAS, The Can Manufacturers Institute will be recognizing the accomplishments
of the Wheatbelt Girl Scout Council and Troop 94, Hutchinson, the Hutchinson community
and the state of Kansas at the Kansas Department of Health and Environment and the
Kansas Recyclers Association Conference to be held at 6:30 p.m. on March 22, 2000, at
Bethany College's Pihlblad Memorial Union in Lindsborg: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Wheatbelt Girl Scout Council for improving our environment and providing over 22
tons of aluminum for recycling; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Kerr.
On emergency motion of Senator Kerr SR 1822 was adopted unanimously.
Mr. President:
Pursuant to Rule 11 of the Senate Rules, I want to make a motion to withdraw Senate Bill
563 from committee. It is my understanding that such a motion shall be made in writing,
giving the reasons for withdrawal from the committee.
Mr. President, in 1999, Kansas state government agencies made approximately $55 million
in non-competitive bid purchases. Two examples of non-competitive bid contracts have
placed a negative spotlight on the state-a $135,000 consulting contract awarded to a former
Deputy Secretary of the Department of Aging, and a non-competitive bid to handle the
state's portion of the national tobacco settlement selected by the Attorney General and
awarded to her former law firm.
Senate Bill 563 would prevent such episodes in the future. Accordingly, I move that Senate
Bill 563 be withdrawn from the Senate Committee on Ways and Means and be placed on
the calender under the order of business General Orders.
Senate Bill 563 would require the adoption of rules and regulations for competitive bids to
apply to all state agency contracts for professional and consulting services. The bill would
not apply to architectural and engineering services since there are existing statutes that
regulate their bidding procedures.
We must work to ensure people's faith in their government by promoting the basic values
of accountability and openness. We should not tolerate special privileges for a few well
connected individuals. However, it appears that current law doesn't prevent such cronyism.
It is the intent of this legislation to prevent it in the future. Unfortunately, to this point, we
have not even been afforded the courtesy of a hearing.
Kansas state government was founded on the belief that it exists for the protection and
benefit of the people it serves. More and more, it seems that some believe government
should benefit a privileged few, not the general public. Senate Bill 563 should be debated
in the Kansas State Senate. Its passage would be an important first step towards renewing
our people's faith in their state government.
Anthony Hensley
State Senator
CONSIDERATION OF MOTIONS AND SENATE RESOLUTIONS
In accordance with Senate Rule 11(b), Senator Hensley's motion, offered on March 14,
2000 to withdraw SB 450 from the Committee on Education, was considered.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 13, Nays 27, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
The motion to withdraw failed and SB 450 remains in the Committee on Education.
EXPLANATION OF VOTE
Mr. President: What a difference a year makes. Last May, Republicans leaders stood
before the Senate and before Kansas hailing our decision to fund K-12 education for two
consecutive years. The President of the Senate said that it was the cornerstone of the most
historic session in memory.
Yet now, less than twelve months later, the majority party refuses to even debate the issue
of school finance. SB 450 would increase base aid per pupil funding by $50 for a third
consecutive year, continuing the historic passage last session of multi-year funding for
education.
Unfortunately, Republicans have failed to realize what a great benefit multi-year funding
is to their school districts. By voting against a motion to withdraw SB 450 from committee
for debate and vote in the Senate, Republicans are telling teachers, students, and parents
that education is not a high priority in this state.
It is bad enough that the majority party refuses to hold a hearing in the Senate Education
Committee. To squelch any form of debate on school finance, which is the most important
decision we as legislators make, shows a lack of support for public education. Republicans
have turned their backs on their constituents, and it took less than a year for it to happen.
I hope that this Senate will be granted the opportunity to show the people of Kansas that
public education needs our continued support. I am sorry that the opportunity was voted
down by the majority party today.--Anthony Hensley
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SCR 1624 be amended on page 1, in line 15,
after ``packages'' by inserting ``and commodities''; in line 19, after ``packages'' by inserting
``and commodities'';
On page 1, in the title, in line 10, after ``packages'' by inserting ``and commodities'';
and the concurrent resolution be adopted as amended.
Also, Substitute for HB 2527 be amended on page 1, in line 17, by striking ``this act''
and inserting ``sections 1 through 7, and amendments thereto''; in line 25, by striking ``a''
and inserting ``:
(1) A'';
Also on page 1, in line 28, after ``funds'' by inserting ``; or
(2) an institution of the farm credit system organized under the federal farm credit act
of 1971 (12 U.S.C. 2001), as amended, that agrees to participate in the Kansas agricultural
production loan deposit program and provides securities acceptable to the pooled money
investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated,
and amendments thereto''; in line 29, by striking ``person,'' and inserting ``individual, limited
liability agricultural company, limited agricultural''; in line 36, by striking ``this act'' and
inserting ``sections 1 through 7, and amendments thereto'';
On page 2, in line 9 after ``$50,000,000'' by inserting ``of unencumbered funds pursuant
to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto''; in
line 16, by striking ``purposes''; in line 17, by striking ``of this act'' and inserting ``operating
expenses involved in farming'';
On page 3, in line 1, after ``thereto'' by inserting ``, and which shall be recalculated on
the first business day of each calendar year using the market rate then in effect''; in line 11,
after ``thereto'' by inserting ``, and which shall be recalculated on the first business day of
each calendar year using the market rate then in effect''; by striking all of line 35;
Renumbering the remaining sections accordingly;
On page 4, in line 40, before ``shall'' by inserting ``and amendments thereto,'';
On page 6, in line 9, after ``section'' by inserting ``and which shall be recalculated on the
first business day of each calendar year using the market rate then in effect''; before line 10
by inserting the following:
``New Sec. 10. (a) On and after the effective date of this act and prior to July 1, 2004,
a state bank or national banking association which extends or renews an agricultural
production loan under the provisions of this section to an eligible agricultural borrower at
an interest rate which is at least one whole percentage point less than the prime interest
rate then specified by the bank on such loans with equivalent collateral, and a state bank or
national banking association which reduces the rate of interest being charged on any
outstanding agricultural production loan to an eligible agricultural borrower by at least one
whole percentage point shall receive a credit against its tax liability pursuant to K.S.A. 79-
1106 et seq., and amendments thereto, for taxable years commending after December 31,
1999, to the extent hereinafter provided. Such tax credit shall be allowed for such interest
rate reductions upon agricultural production loans having a total principal amount not
exceeding 15% of the amount of such loans reflected in the bank's report of condition filed
with the federal deposit insurance corporation as of December 31, 1999.
(b) For the purposes of this section, the term ``eligible agricultural borrower'' means
any person, limited agricultural partnership, limited liability agricultural company or family
farm corporation, as defined in K.S.A. 17-5903, and amendments thereto, located in the
state of Kansas, having an agricultural production loan which has been classified as
substandard or doubtful: (1) by any banking regulator, the farm credit administration or
a district farm credit system institution which is subject to review by the farm credit
administration; or (2) by the designated loan committee of such banking association prior
to examination for classification eligibility by the banking regulator, the farm credit
administration or a district farm credit system institution which is subject to review by the
farm credit administration.
(c) An interest rate reduction may be applied under the provisions of this section only
when the eligible borrower can be reasonably expected to service the principal and interest
for the term of such person's loan.
(d) The total credit against tax liability shall be the amount by which the interest income
to the state bank or national banking association on and after the effective date of this act
and prior to July 1, 2004, has been reduced on such loans because of such reductions in
rates of interest, except that the credit allowed as a result of an interest rate reduction on
any one agricultural production loan shall not exceed an amount equal to 3% per annum
on the unpaid principal balance of the loan. The tax credit allowed for any taxable year shall
not exceed 1/5 of the total tax credit of the bank allowed under this section. Unused tax
credit shall be carried forward as a credit to the bank's tax liability in each subsequent
taxable year and shall then be taken into account, subject to the limitation that the credit
in any one taxable year may not exceed 1/5 of the total tax credit.
New Sec. 11. (a) On and after the effective date of this act and prior to July 1, 2004,
any production credit association or agricultural credit association chartered by the farm
credit administration under the federal farm credit act, as amended (12 U.S.C. 2001 et seq.),
which extends or renews an agricultural production loan under the provisions of this section
to an eligible agricultural borrower at an interest rate which is at least one whole percentage
point less than the lowest rate at which the association is making agricultural production
loans to agricultural loan customers with equivalent collateral, and any such association
which reduces the rate of interest being charged on any outstanding agricultural production
loan to an eligible agricultural borrower by at least one whole percentage point shall receive
a credit against its income tax liability pursuant to article 32 of chapter 79 of the Kansas
Statutes Annotated, for taxable years commencing after December 31, 1999, to the extent
hereinafter provided. Such tax credit shall be allowed for such interest rate reductions by
an association upon agricultural production loans having a total principal amount not
exceeding 15% of the amount of such loans reflected in the association's report filed with
the farm credit administration for calendar year 1999.
(b) For the purposes of this section, the term ``eligible agricultural borrower'' means
any person, limited agricultural partnership, limited liability agricultural company or family
farm corporation, as defined in K.S.A. 17-5903, and amendments thereto, located in the
state of Kansas, having an agricultural production loan which has been classified as
substandard or doubtful: (1) by any banking regulator, the farm credit administration or
a district farm credit system institution which is subject to review by the farm credit
administration; or (2) by the designated loan committee of such association prior to
examination for classification eligibility by the banking regulator, the farm credit
administration or a district farm credit system institution which is subject to review by the
farm credit administration.
(c) An interest rate reduction may be applied under the provisions of this section only
when the eligible borrower can be reasonably expected to service the principal and interest
of such person's loan.
(d) The total credit against tax liability shall be the amount by which the interest income
to the association on and after the effective date of this act and prior to July 1, 2004, has
been reduced on such loans because of such reductions in rates of interest, except that the
credit allowed as a result of an interest rate reduction on any one agricultural production
loan shall not exceed an amount equal to 3% per annum on the unpaid principal balance
of the loan. The tax credit allowed for any taxable year shall not exceed 1/5 of the total tax
credit of the association allowed under this section. Unused tax credit shall be carried
forward as a credit to the association's tax liability in each subsequent taxable year and shall
then be taken into account, subject to the limitation that the credit in any one taxable year
may not exceed 1/5 of the total tax credit.
(e) Any taxpayer who qualified for and claimed credit under this section prior to its
amendment by this section shall continue to be subject to this section as in effect at the
time the taxpayer qualified for such credits for the entire period for which the credits were
claimed.
New Sec. 12. Any state bank, national banking association or production credit
association or agricultural credit association chartered by the farm credit administration
under the federal farm credit act, as amended (12 U.S.C. 2001 et seq.), who claims a tax
credit pursuant to section 10 or 11, and amendments thereto, shall not use any funds from
an agricultural production loan deposit, invested pursuant to sections 1 through 7, and
amendments thereto, for agricultural production loans to qualify for the tax credit pursuant
to section 10 or 11, and amendments thereto.'';
Renumber remaining sections accordingly;
On page 1, in the title, in line 9 by striking ``state moneys; providing for''; and the
substitute bill be passed as amended.
HB 2674, as amended by House Committee, be amended on page 1, in line 17, before
``K.S.A.'', by inserting ``On and after July 1, 2000,''; in line 21, by striking ``or'' and inserting
a comma; in line 22, after ``corporation'', by inserting ``or other legal entity''; in line 23, after
``wheat'', by inserting ``who owns or who shares in the ownership and risk of loss of such
corn, grain sorghum, soybeans or wheat''; also in line 23, after ``tenant'', by inserting ``. For
the purposes of being an eligible voter pursuant to K.S.A. 2-3002, and amendments thereto,
a grower who is a legal entity who owns or who shares in the ownership and risk of loss of
such corn, grain sorghum, soybeans or wheat, whether as landlord or tenant, on which there
is no individual ownership and risk of loss of such corn, grain sorghum, soybeans or wheat,
shall designate a natural person to register to vote for such legal entity'';
On page 2, in line 1, before ``K.S.A.'', by inserting ``On and after July 1, 2000,'';
On page 3, in line 15, after ``state'', by inserting ``, of legal voting age and has been actively
engaged in growing corn, grain sorghum, soybeans or wheat within the preceding three
years''; in line 25, after the period, by inserting ``No grower shall cast more than one ballot
for any commission election.''
On page 5, in line 43, after the period, by inserting ``Records shall include contracts
entered into by any commission.''
On page 6, in line 1, before ``K.S.A.'', by inserting ``On and after July 1, 2000,''; in line
4, by striking ``sorghums'' and inserting ``sorghum''; in line 11, before ``K.S.A.'', by inserting
``On and after July 1, 2000,'';
On page 8, in line 11, before ``K.S.A.'', by inserting ``On and after July 1, 2000,''; in line
39, before ``K.S.A.'', by inserting ``On and after July 1, 2000,''; in line 40, by striking ``of five
mills per''; in line 41, by striking ``bushel''; in line 42, after the period, by inserting ``The
grain sorghum commission shall set the assessment at a rate of not more than five mills per
bushel.''; also in line 42, by striking ``of five mills per''; in line 43, by striking ``bushel'';
On page 9, in line 1, after the period, by inserting ``The corn commission shall set the
assessment at a rate of not more than five mills per bushel.''; also in line 1, by striking ``of
20 mills per bushel''; in line 6, before ``There'', by inserting ``The soybean commission shall
set the assessment at a rate of not more than 20 mills per bushel.''; also in line 6, by striking
``of 10 mills per bushel''; in line 10, before ``Such'', by inserting ``The wheat commission
shall set the assessment at a rate of not more than 10 mills per bushel. Any commission
shall not change the assessment rate, either to increase or reduce, more than once a year.'';
On page 10, in line 9, before ``K.S.A.'', by inserting ``On and after July 1, 2000,'';
On page 11, in line 11, before ``K.S.A.'', by inserting ``On and after July 1, 2000,''; in line
21, before ``K.S.A.'', by inserting ``On and after July 1, 2000,'';
On page 12, in line 14, by striking ``On the effective date of this act,'' and inserting
``Except for funds necessary to pay payroll expenses incurred through June 30, 2000, and
payable in July, 2000, on and after July 1, 2000,''; in line 16, by striking ``the effective date
of this act'' and inserting ``July 1, 2000,''; in line 19, after the period, by inserting ``Any
remaining funds of the money retained for payroll expenses shall be paid to the respective
commission created by this act.''; in line 31, by striking ``the effective''; in line 32 by striking
``date of this act'' and inserting ``July 1, 2000''; in line 39, by striking ``the effective date of
this act'' and inserting ``July 1, 2000'';
On page 13, in line 5, by striking ``the effective date of this act'' and inserting ``July 1,
2000,''; in line 7, by striking ``There'' and inserting ``On and after July 1, 2000, there''; in
line 22, before ``K.S.A.'', by inserting ``On and after July 1, 2000,'';
On page 15, after line 35, by inserting the following:
``New Sec. 14 (a) Employment positions in the Kansas wheat commission shall be
abolished effective June 30, 2000. Thirty-day notice prior to June 30, 2000, shall be given
by the chairman of the wheat commission to employees in the positions abolished by this
act. No bumping rights shall attach to the abolished positions. No further action shall be
required in order to abolish these positions.
(b) The provisions of this section shall take effect May 31, 2000.
New Sec. 15. (a) Those positions in the department of agriculture which, in the opinion
of the secretary of agriculture, are not necessary to perform the powers, duties and functions
of the department of agriculture concerning administration of the grain commodity
commissions shall be abolished on June 30, 2000. Thirty-day notice prior to June 30, 2000,
shall be given by the secretary of agriculture to employees in those positions determined to
be unnecessary by the secretary. No bumping rights shall attach to the positions deemed
unnecessary by the secretary of agriculture. No further action shall be required in order to
abolish these positions.
(b) The provisions of this section shall take effect May 31, 2000.'';
And by renumbering the remaining sections accordingly;
Also on page 15, in line 36, before ``K.S.A.'', by inserting ``On and after July 1, 2000,'';
in line 41, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed
as amended.
Committee on Judiciary recommends SB 579 be passed
Committee on Transportation and Tourism recommends HB 2745 be passed.
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
Langworthy in the chair.
On motion of Senator Langworthy the following report was adopted:
Recommended SB 607; HB 2672, 2673, 2675, 2691 be passed.
HCR 5050 be adopted.
SB 380, 389 be amended by adoption of the committee amendments, and the bills be
passed as amended.
The Committee considered HB 2757.
Senator Vratil moved to amend the bill on page 1, line 17, by inserting after the word
``assistance'' the words ``without compensation'' and on page 1, line 32, by striking the words
``with or.''
On motion of Senator Praeger HB 2757 was rereferred to the Committee on Public
Health and Welfare.
SCR 1628 was considered and amended by motion of Senator Umbarger on page 1, in
line 20, by striking all after ``That''; in line 21, by striking ``manent'' and inserting ``Congress
pass legislation making the''; in line 22, after ``office'' by inserting ``a permanent position'';
In the title, in line 9, by striking all after ``urging''; in line 10, by striking all before
``agricultural'' and inserting ``Congress to pass legislation making the''; in line 11, before the
period, by inserting ``a permanent position''
The Committee recommended SCR 1628 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 380, 389, 607; SCR 1626; HB 2672, 2673, 2675, 2691; HCR 5050 were
advanced to Final Action and roll call.
SB 380, An act concerning the Kansas ethnic minority scholarship program; revising the
definition of eligible institution; affecting the amount of awards made under the program;
amending K.S.A. 74-3284, 74-3287, 74-3288 and 74-3289 and K.S.A. 1999 Supp. 74-3286
and repealing the existing sections.
On roll call, the vote was: Yeas 31, Nays 9, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Steffes, Steineger, Stephens,
Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Clark, Hardenburger, Huelskamp, Pugh, Ranson, Salmans,
Tyson.
The bill passed, as amended.
SB 389, An act concerning the state capitol area; relating to memorials; prescribing
certain powers, duties, functions, guidelines and procedures; memorial for Kansas
firefighters and advisory committee.
On roll call, the vote was: Yeas 39, Nays 1, 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, Umbarger,
Vidricksen, Vratil.
Nays: Tyson.
The bill passed, as amended.
SB 607, An act concerning certain public agencies; relating to interlocal cooperation;
amending K.S.A. 12-2903 and 12-2904 and repealing the existing sections.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SCR 1626, A CONCURRENT RESOLUTION urging Congress to remove the executive
branch's unilateral trade sanction authority on food and medicine.
On roll call, the vote was: Yeas 28, Nays 12, Present and Passing 0, Absent or Not Voting
0.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Feleciano,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris,
Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen,
Vratil.
Nays: Barone, Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee, Petty,
Steineger, Stephens.
The resolution was adopted.
EXPLANATION OF VOTE
Mr. President: I stand in support of SCR 1626 which removes the executive branches
unilateral trade sanction authority on food and medicine. Food and medicine should not be
used as a weapon in trade negotiations without consent of Congress.
Our U.S. Senators and Representatives, who we have sent to Washington to represent us
and our concerns should have a voice in policy decisions that directly affect their constituents
and their livelihood in their home state. This does not take away the option of the President
to place embargos on food, agricultural and medical products, he only needs to get approval
from Congress before he implements such action.--Dwayne Umbarger
Senators Becker, Bleeker, Harrington, Morris, Salmans and Vratil request the record to
show they concur with the ``Explanation of Vote'' offered by Senator Umbarger on SCR
1626.
HB 2672, An act concerning taxation; relating to estates; amending K.S.A. 1999 Supp.
79-15,107, 79-15,114, 79-15,123 and 79-15,124 and repealing the existing sections.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
HB 2673, An act concerning the probate code; amending K.S.A. 59-403, 59-1507a, 59-
1507b, 59-2215, 59-2237, 59-2287 and 59-2401 and K.S.A. 1999 Supp. 59-6a215 and
repealing the existing sections.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
HB 2675, An act amending the uniform consumer credit code; relating to the sale of
manufactured homes; amending K.S.A. 1999 Supp. 16a-2-201 and 16a-2-401 and repealing
the existing sections.
On roll call, the vote was: Yeas 39, Nays 1, 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, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Pugh.
The bill passed.
HB 2691, An act amending the uniform consumer credit code; amending K.S.A. 16a-6-
203 and K.S.A. 1999 Supp. 16a-1-301, 16a-2-302, 16a-2-401 and 16a-6-117 and repealing
the existing sections.
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,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen,
Vratil.
Nays: Pugh, Tyson.
The bill passed.
HCR 5050, A CONCURRENT RESOLUTION urging Congress to pass legislation
allowing state-inspected meat and meat products to be shipped interstate and to pass
legislation increasing the number of poultry to be slaughtered at home and offered for sale
to the consumer.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted.
On motion of Senator Emert the Senate adjourned until 2:00 p.m., Thursday, March 16,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.