March 16, 2000
Journal of the Senate
FORTY-SEVENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, March 16, 2000--2:00 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Each year about this time,
Before our work concludes,
We are fortunate to have
A humorous interlude.
Some talented entertainers
Greeted with ``hurrahs'',
Take us for a visit
To the Land of Blahs.
Well known people are made fun of
By talented buffoons.
Jim Maag writes new lyrics
To familiar tunes.
The reason this is worth a prayer
Is because we can report
That both of the worthy causes
Are deserving of support.
Women in crisis pregnancy
Are cared for with much love
In a place called Gabriel House,
While You smile from above.
The homeless find a haven
In the Rescue Mission.
Where families are ministered to
Regardless of condition.
We thank You, Lord, for faithful staffs
Who carry heavy yokes
To give their energy and their time
To serve these desperate folks.
And we are also thankful, Lord,
For those on stage tonight,
Who donate time and talent
To make some burdens light.
I think that is what Jesus would do,
and I pray in His name.
AMEN.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Agriculture: SB 664.
Assessment and Taxation: HB 2588, 2715.
Financial Institutions & Insurance: SB 663.
Ways and Means: HB 3009.
MESSAGE FROM THE GOVERNOR
SB 457 approved on March 16, 2000.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS, INC.
January 2000
As required by K.S.A. 74-8017, Charles R. Ranson, President, Kansas, Inc., submitted
the Sales Tax Exemption and Economic Development Income Tax Credits Report.
DEPARTMENT OF REVENUE
Division of Property Valuation
March 15, 2000
Mark S. Beck, Director of Property Valuation, submitted the 1999 Preliminary Real
Estate Appraisal/Sales Ratio Study as required by K.S.A. 1996 Supp. 79-1490.
The Vice-President announced the above reports are on file in the office of the Secretary
of the Senate and are available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2838.
Also passage of SB 487, as amended.
The House nonconcurs in Senate amendments to SB 389, requests a conference and has
appointed Reps Adkins, Neufeld and Reardon as conferees on the part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2838 was thereupon introduced and read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Mr. President:
Pursuant to Rule 11 of the Senate Rules, I want to make a motion to withdraw Senate Bill
486 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, the people of Kansas value fiscal responsibility. As we know, Kansas state
and local government have always been required to operate on a cash basis.
Accordingly, I move that Senate Bill 486 be withdrawn from the Senate Committee on Ways
and Means and be placed on the calendar under the order of business General Orders. I
am making this motion so that the Senate may debate and vote on this bill, which would
create the State Debt Reduction Fund.
Senate Bill 486 would establish the State Debt Reduction Fund, providing a mechanism for
the state to pay off its debts with any future surpluses. Under this proposal, fifty percent of
any future state budget surplus over $50 million will be dedicated to debt reduction.
This is a smart fiscal plan that will bring some desperately needed long-range fiscal
management of the state's budget. The average Kansas family pays its debts and budgets
for the future, why should state government be expected to do any less?
Just this year we have seen what a lack of long-range planning can do. Despite the fact that
the state is experiencing unprecedented economic growth, the majority party under
Governor Graves' recommendations was forced to cut the budget in the middle of the fiscal
year.
Currently there is over $100 million in debt obligated against the state's general fund and
close to $1 billion is obligated against all funds. Paying down the state's debt will help avert
harmful cuts to education, mental health services, public safety, and community corrections
in the future. I don't think anyone in this chamber can argue against using a portion of
future revenue surpluses to reduce the state's debt. That is sound fiscal policy.
If we had used the surpluses of previous years to pay down the state's debt, we would not
be facing the current budget crunch. With this bill, we can avoid making the same mistake
in the future as we made in the recent past. Debt reduction is a non-partisan issue and
deserves to be openly debated in the Kansas Senate.
Anthony Hensley
State Senator
CONSIDERATION OF MOTIONS AND SENATE RESOLUTIONS
In accordance with Senate Rule 11(b), Senator Hensley's motion, offered on March 15,
2000 to withdraw SB 563 from the Committee on Ways and Means, was considered.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 15, Nays 25, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Biggs, Clark, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Huelskamp, Jones, Lee, Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Corbin, Donovan, Emert, Hardenburger,
Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
The motion to withdraw failed and SB 563 remains in the Committee on Ways and
Means.
EXPLANATION OF VOTE
Madam Vice-President: The motion by the minority leader to withdraw SB 563 from
the Committee on Ways and Means is a blatant political gimmick. Legislation on competitive
bidding for professional and consulting services is currently being debated in the House of
Representatives and a bill on this same subject is being worked in the Senate Committee
on Elections & Local Government.
This motion is only an election year effort for political brochure purposes to ignore the
committee process and play politics. I regret that this disrespect for the legislative process
has become a game just for show that ignores honest and hard work by many legislators.--
Dick Bond and Tim Emert
Madam Vice-President: I voted to bring SB 563 out of committee because I believe
the state should not give sweetheart deals to political friends, allies and relatives of state
officials. Recent incidents involving the Department of Aging and the Attorney General's
office show that competitive bidding legislation is desperately needed. Unfortunately, the
majority party apparently thinks nothing is wrong with the current system, or else they would
have voted to bring this bill to the floor for an open debate.
The Republican majority's unwillingness to debate any meaningful legislation this session
is election-year politics at its worst. In fact, the only legislation of substance this body has
considered was the budget cuts which were railroaded through after barely any debate. If
there was ever an election-year move which violated the committee process, the majority's
ramming of serious budget cuts through the Senate fits the bill.
In order to lessen the political damage, they stifled debate on the budget cuts. Senators
on both sides of the aisle admitted that they didn't fully know what was in the bill. Yet, the
Republican majority, refused to allow senators two weeks to study the cuts and the cuts'
impact on their constituents.--Anthony Hensley
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends Substitute for HB 2702 be
amended on page 2, after line 10, by inserting the following:
``Sec. 2. K.S.A. 1999 Supp. 79-201 is hereby amended to read as follows: 79-201. The
following described property, to the extent herein specified, shall be and is hereby exempt
from all property or ad valorem taxes levied under the laws of the state of Kansas:
First. All buildings used exclusively as places of public worship and all buildings used
exclusively by school districts and school district interlocal cooperatives organized under the
laws of this state, with the furniture and books therein contained and used exclusively for
the accommodation of religious meetings or for school district or school district interlocal
cooperative purposes, whichever is applicable, together with the grounds owned thereby if
not leased or otherwise used for the realization of profit, except that: (a) (1) Any school
building, or portion thereof, together with the grounds upon which the building is located,
shall be considered to be used exclusively by the school district for the purposes of this
section when leased by the school district to any political or taxing subdivision of the state,
including a school district interlocal cooperative, or to any association, organization or
nonprofit corporation entitled to tax exemption with respect to such property; and (2) any
school building, together with the grounds upon which the building is located, shall be
considered to be used exclusively by a school district interlocal cooperative for the purposes
of this section when being acquired pursuant to a lease-purchase agreement; and (b) any
building, or portion thereof, used as a place of worship, together with the grounds upon
which the building is located, shall be considered to be used exclusively for the religious
purposes of this section when used as a not-for-profit day care center for children which is
licensed pursuant to K.S.A. 65-501 et seq., and amendments thereto, or when used to house
an area where the congregation of a church society and others may purchase tracts, books
and other items relating to the promulgation of the church society's religious doctrines.
Second. All real property, and all tangible personal property, actually and regularly used
exclusively for literary, educational, scientific, religious, benevolent or charitable purposes,
including property used exclusively for such purposes by more than one agency or
organization for one or more of such exempt purposes. Except with regard to real property
which is owned by a religious organization, is to be used exclusively for religious purposes
and is not used for a nonexempt purpose prior to its exclusive use for religious purposes
which property shall be deemed to be actually and regularly used exclusively for religious
purposes for the purposes of this paragraph, this exemption shall not apply to such property,
not actually used or occupied for the purposes set forth herein, nor to such property held
or used as an investment even though the income or rentals received therefrom is used
wholly for such literary, educational, scientific, religious, benevolent or charitable purposes.
In the event any such property which has been exempted pursuant to the preceding sentence
is not used for religious purposes prior to its conveyance which results in its use for
nonreligious purposes, there shall be a recoupment of property taxes in an amount equal to
the tax which would have been levied upon such property except for such exemption for all
taxable years for which such exemption was in effect. Such recoupment tax shall become
due and payable in such year as provided by K.S.A. 79-2004, and amendments thereto. A
lien for such taxes shall attach to the real property subject to the same on November 1 in
the year such taxes become due and all such taxes remaining due and unpaid after the date
prescribed for the payment thereof shall be collected in the manner provided by law for
the collection of delinquent taxes. Moneys collected from the recoupment tax hereunder
shall be credited by the county treasurer to the several taxing subdivisions within which
such real property is located in the proportion that the total tangible property tax levies
made in the preceding year for each such taxing subdivision bear to the total of all such
levies made in that year by all such taxing subdivisions. Such moneys shall be credited to
the general fund of the taxing subdivision or if such taxing subdivision is making no property
tax levy for the support of a general fund such moneys may be credited to any other tangible
property tax fund of general application of such subdivision. This exemption shall not be
deemed inapplicable to property which would otherwise be exempt pursuant to this
paragraph because an agency or organization: (a) Is reimbursed for the provision of services
accomplishing the purposes enumerated in this paragraph based upon the ability to pay by
the recipient of such services; or (b) is reimbursed for the actual expense of using such
property for purposes enumerated in this paragraph; or (c) uses such property for a
nonexempt purpose which is minimal in scope and insubstantial in nature if such use is
incidental to the exempt purposes of this paragraph; or (d) charges a reasonable fee for
admission to cultural or educational activities or permits the use of its property for such
activities by a related agency or organization, if any such activity is in furtherance of the
purposes of this paragraph.
Third. All moneys and credits belonging exclusively to universities, colleges, academies
or other public schools of any kind, or to religious, literary, scientific or benevolent and
charitable institutions or associations, appropriated solely to sustain such institutions or
associations, not exceeding in amount or in income arising therefrom the limit prescribed
by the charter of such institution or association.
Fourth. The reserve or emergency funds of fraternal benefit societies authorized to do
business under the laws of the state of Kansas.
Fifth. All buildings of private nonprofit universities or colleges which are owned and
operated by such universities and colleges as student union buildings, presidents' homes
and student dormitories.
Sixth. All real and tangible personal property actually and regularly used exclusively by
the alumni association associated by its articles of incorporation with any public or nonprofit
Kansas college or university approved by the Kansas board of regents to confer academic
degrees or with any community college approved by its board of trustees to grant certificates
of completion of courses or curriculum, to provide accommodations and services to such
college or university or to the alumni, staff or faculty thereof.
Seventh. All parsonages owned by a church society and actually and regularly occupied
and used predominantly as a residence by a minister or other clergyman of such church
society who is actually and regularly engaged in conducting the services and religious
ministrations of such society, and the land upon which such parsonage is located to the
extent necessary for the accommodation of such parsonage.
Eighth. All real property, all buildings located on such property and all personal property
contained therein, actually and regularly used exclusively by any individually chartered
organization of honorably discharged military veterans of the United States armed forces or
auxiliary of any such organization, which is exempt from federal income taxation pursuant
to section 501(c)(19) of the federal internal revenue code of 1986, for clubhouse, place of
meeting or memorial hall purposes, and real property to the extent of not more than two
acres, and all buildings located on such property, actually and regularly used exclusively by
any such veterans' organization or its auxiliary as a memorial park.
Ninth. All real property and tangible personal property actually and regularly used by a
community service organization for the predominant purpose of providing humanitarian
services, which is owned and operated by a corporation organized not for profit under the
laws of the state of Kansas or by a corporation organized not for profit under the laws of
another state and duly admitted to engage in business in this state as a foreign not-for-profit
corporation if: (a) The directors of such corporation serve without pay for such services; (b)
the corporation is operated in a manner which does not result in the accrual of distributable
profits, realization of private gain resulting from the payment of compensation in excess of
a reasonable allowance for salary or other compensation for services rendered or the
realization of any other form of private gain; (c) no officer, director or member of such
corporation has any pecuniary interest in the property for which exemption is claimed; (d)
the corporation is organized for the purpose of providing humanitarian services; (e) the
actual use of property for which an exemption is claimed must be substantially and
predominantly related to the purpose of providing humanitarian services, except that, the
use of such property for a nonexempt purpose which is minimal in scope and insubstantial
in nature shall not result in the loss of exemption if such use is incidental to the purpose of
providing humanitarian services by the corporation; (f) the corporation is exempt from
federal income taxation pursuant to section 501(c)(3) of the internal revenue code of 1986
and; (g) contributions to the corporation are deductible under the Kansas income tax act.
As used in this clause, ``humanitarian services'' means the conduct of activities which
substantially and predominantly meet a demonstrated community need and which improve
the physical, mental, social, cultural or spiritual welfare of others or the relief, comfort or
assistance of persons in distress or any combination thereof including but not limited to
health and recreation services, child care, individual and family counseling, employment
and training programs for handicapped persons and meals or feeding programs.
Notwithstanding any other provision of this clause, motor vehicles shall not be exempt
hereunder unless such vehicles are exclusively used for the purposes described therein.
Tenth. For all taxable years commencing after December 31, 1986, any building, and
the land upon which such building is located to the extent necessary for the accommodation
of such building, owned by a church or nonprofit religious society or order which is exempt
from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue
code of 1986, and actually and regularly occupied and used exclusively for residential and
religious purposes by a community of persons who are bound by vows to a religious life and
who conduct or assist in the conduct of religious services and actually and regularly engage
in religious, benevolent, charitable or educational ministrations or the performance of health
care services.
Eleventh. For all taxable years commencing after December 31, 1998, all real property
upon which is located facilities which utilize renewable energy resources or technologies for
the purpose and as the primary means to produce and generate electricity and which is used
predominantly for such purpose, to the extent necessary to accommodate such facilities,
and all tangible personal property which comprises such facilities actually and regularly
used predominantly to produce and generate electricity utilizing renewable energy resources
or technologies. For purposes of this section, ``renewable energy resources or technologies''
shall include wind, solar, thermal, photovoltaic, biomass, hydropower, geothermal and
landfill gas resources or technologies. For purposes of valuation of property subject to
valuation under K.S.A. 79-5a01 et seq., and amendments thereto, the value of the exempt
property set forth in this clause shall be removed from the unit value prior to apportionment
under K.S.A. 79-5a25, and amendments thereto.
The provisions of this section, except as otherwise more specifically provided, shall apply
to all taxable years commencing after December 31, 1995.'';
Also, on page 2, in line 11, by striking ``79-201j is'' and inserting ``79-201, 79-201j and
79-5a01b are'';
By renumbering existing sections accordingly;
In the title, in line 9, by striking all after the semicolon; in line 10, by striking all before
the semicolon and inserting ``relating to exemptions therefrom''; also, in line 10, after
``Supp.'' by inserting ``79-201 and''; in line 11, by striking ``section'' and inserting ``sections;
also repealing K.S.A. 1999 Supp. 79-5a01b'' and the substitute bill be passed as amended.
Committee on Education recommends SB 657 be passed.
Committee on Elections and Local Government recommends HB 2663 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.
Also, HB 2646 be amended on page 4, in line 9, after ``oppose'' by inserting ``in writing'';
and the bill be passed as amended.
Committee on Federal and State Affairs recommends HB 2592 be passed.
Also, SB 652 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 652,'' as follows:
``Substitute for SENATE BILL No. 652
By Committee on Federal and State Affairs
``AN ACT concerning infants; enacting the newborn infant protection act; amending K.S.A.
21-3604 and 38-1529 and K.S.A. 1999 Supp. 38-1583 and 38-1585 and repealing the
existing sections.'';
and the substitute bill be passed.
Substitute for HB 2007 be amended by substituting a new bill to be designated as
``SENATE Substitute for Substitute for HOUSE BILL No. 2007,'' as follows:
``SENATE Substitute for Substitute for HOUSE BILL No. 2007
By Committee on Federal and State Affairs
``AN ACT prohibiting the sale of fetal organs or tissue; imposing limitations therein.'';
and the substitute bill be passed.
Committee on Financial Institutions and Insurance recommends HB 2997 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.
Also, SB 651 be amended on page 1, in line 23, by striking ``recip-''; in line 24, by striking
all before ``trustee'';
On page 5, in line 5, by striking all after the period; by striking all in lines 6 through 9;
On page 7, in line 26, by striking ``domestic''; in line 28, by striking ``domestic''; also in
line 28, by striking ``give'' and inserting ``maintain'';
On page 8, in line 11, by striking all before ``The''; in line 17, by striking all after the
period; by striking all in lines 18 through 23; and the bill be passed as amended.
Committee on Judiciary recommends HB 2596, as amended by House Committee, be
passed.
Also, HB 2600 be passed.
HB 2879, as amended by House Committee, be amended by substituting a new bill to
be designated as ``Senate Substitute for HOUSE BILL No. 2879,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2879
By Committee on Judiciary
``AN ACT concerning electronic transactions; enacting the uniform electronic transactions
act; repealing K.S.A. 1999 Supp. 60-2616.'';
and the substitute bill be passed.
Committee on Transportation and Tourism recommends HB 2582, as amended by
House Committee, be amended on page 2, in line 18, by striking ``from high to'' and inserting
``on''; in line 19, by striking all following ``flash'' and inserting ``on low beam, except such
head lamps shall only be activated during daylight hours.''; and the bill be passed as
amended.
REPORT ON ENGROSSED BILLS
SB 380, 500 reported correctly engrossed March 16, 2000.
Also SB 389, 564 correctly re-engrossed March 16, 2000.
REPORT ON ENROLLED BILLS
SR 1821, 1822 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on March 16, 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
Corbin in the chair.
On motion of Senator Corbin the following report was adopted:
Recommended HB 2817 be passed.
The committee report on SB 600 recommending a Sub SB 600 be adopted, and the
substitute bill be passed.
Resuming consideration of SCR 1628, as amended by Senator Umbarger in Committee
of the Whole, on Wednesday, March 15, 2000, Senator Lee moved to amend the resolution
as amended in Senate Committee of the Whole, on page 1, in line 21, by inserting before
``Congress'' the following: ``President Clinton be commended for being the first President
to appoint an agricultural ambassador to the United States trade representative's office and
that'';
In the title, in line 9, by inserting after ``RESOLUTION'' the following: ``commending
President Clinton for being the first President to appoint an agricultural ambassador to the
United States trade representative's office and
The motion failed and the amendment was rejected.
The committee recommended SCR 1628, as amended by Senator Umbarger be adopted
as amended.
SCR 1635 be amended by adoption of the committee amendments, and the resolution
be adopted as amended.
HB 2580 be amended by adoption of the committee amendments, be further amended
by motion of Senator Huelskamp on page 2, line14, by inserting the word ``or'' after the
semi-colon and striking lines 19-20.
Senator Hensley moved to amend the bill as amended by Senate Committee, on page 3,
after line 34, by inserting an additional section as follows:
``New Sec. 1. (a) Prior to doing business in this state and annually thereafter, a
telephone solicitor shall consult the telephone preference service maintained by the direct
marketing association, a national trade association consisting of firms engaged in all forms
of direct marketing including direct mail, catalog sales, electronic mail and telephone
solicitation, and delete from such telephone solicitor's list of consumers all state residents
who have registered with such service. The direct marketing association may be reached by
mail, phone, fax or e-mail through the following: Direct Marketing Association
Headquarters, 1120 Avenue of the Americas, New York, NY 10036-6700, Telephone: (212)
768-7277, Fax: (212) 719-1946, e-mail: [email protected].
(b) No telephone solicitor may make or cause to be made any unsolicited consumer
telephone call to any consumer if the consumer's name and telephone number or numbers
appear in the then current list of consumers registered with the telephone preference service
maintained by the direct marketing association.
(c) any person who obtains the name, residential address or telephone number of any
consumer from published telephone directories or from any other source and republishes
or compiles such information, electronically or otherwise, and sells or offers to sell such
publication or compilation to telephone solicitors for marketing or sales solicitation
purposes, shall exclude from any such publication or compilation, and from the database
used to prepare such publication or compilation, the name, address and telephone number
or numbers of any consumer if the consumer's name and telephone number or numbers
appear in the then current list of consumers registered with the telephone preference service
maintained by the direct marketing association.
(d) a telephone solicitor will have 90 days from the date of receipt of the most current
updated Direct Marketing Association Telephone Preference Service List to cease
telemarketing to a phone number placed on that list during the preceding quarter.
(e) The provisions of this act shall not apply to firms with 50 employees or less that are
domiciled within the state of Kansas and that are not primarily engaged in the business of
telemarketing.
(f) This section shall be a part of and supplemental to the Kansas consumer protection
act. Violations of this act may be punishable by fines of not exceeding $5,000 per violation
and such other penalties as are provided in K.S.A. 50-636 and amendments thereto.'';
By renumbering the remaining sections
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 failed and the amendment was rejected.
The committee recommended HB 2580 be passed as further amended.
S Sub for Sub HB 2581 be amended by adoption of the committee report
recommending a substitute bill, be amended by motion of Senator Emert on page 2, in line
31, following the period, by inserting ``If it is determined that an abortion is necessary to
preserve the mental health of the pregnant woman, one of the physicians making such
determination shall be a Kansas-licensed physician who has completed a residency in
psychiatry.
Senator Umbarger moved to amend the bill on page 1, by striking all following line 14;
By striking all on pages 2, 3 and 4;
On page 5, by striking all in lines 1 through 35 and inserting:
``Section 1. K.S.A. 1999 Supp. 65-6721 is hereby amended to read as follows: 65-6721.
(a) No person shall perform or induce a partial birth abortion on a viable fetus unless such
person is a physician and has a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion and both
physicians determine: (1) The, in accordance with accepted practices and standards applied
by physicians in the same or similar circumstances, that the abortion is necessary to preserve
the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial
and irreversible impairment of a major physical or mental function of the pregnant woman.
(b) As used in this section:
(1) ``Partial birth abortion'' means an abortion procedure which includes the deliberate
and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior
to removal of such otherwise intact fetus from the body of the pregnant woman.
(2) ``Partial birth abortion'' shall not include the: (A) Suction curettage abortion
procedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation
abortion procedure involving dismemberment of the fetus prior to removal from the body
of the pregnant woman.
(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary and performs a partial birth abortion on the woman, the
physician shall report such determination and the reasons for such determination in writing
to the medical care facility in which the abortion is performed for inclusion in the report of
the medical care facility to the secretary of health and environment under K.S.A. 65-445,
and amendments thereto or. If the abortion is not performed in a medical care facility, the
physician shall report the reasons for such determination in writing to the secretary of health
and environment as part of the written report made by the physician to the secretary of
health and environment under K.S.A. 65-445, and amendments thereto. The physician shall
retain a copy of the written reports required under this subsection for not less than five
years.
(d) A woman upon whom an a partial birth abortion is performed shall not be
prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-
3302, and amendments thereto.
(e) Nothing in this section shall be construed to create a right to an abortion. Nothing
in this section shall be construed as eliminating the necessity for compliance with the
woman's right-to-know act. Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.
(f) Upon conviction of a violation of this A person convicted of intentionally, knowingly
or recklessly violating this section, a person shall be guilty of a severity level 10 person
felony.
(g) (1) If any word, clause, phrase or other provision of subsection (a), or the
application thereof to any person or circumstance is found unconstitutional, the same is
hereby declared to be inseverable.
(2) If any word, clause, phrase or other provision of subsections (b) through (f) of this
section or the application thereof to any person or circumstance is found to be
unconstitutional, the same are hereby declared to be severable and the other provisions of
this section shall remain effective notwithstanding such unconstitutionality. The legislature
hereby declares that, except as specifically provided in paragraph (1) of this subsection, it
would have passed this section, and each word, clause, phrase or other provision irrespective
of the fact that any one or more words, clauses, phrases or other provisions be declared
unconstitutional.
Sec. 2. K.S.A. 1999 Supp. 65-6721 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
In the title, by striking all in lines 11 and 12 and inserting:
``AN ACT concerning abortion; amending K.S.A. 1999 Supp. 65-6721 and repealing the
existing section.''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 20, Nays 20, Present and Passing 0, Absent or Not Voting
0.
Yeas: Biggs, Bleeker, Brownlee, Clark, Corbin, Donovan, Gilstrap, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Lawrence, Lee, Morris, Pugh, Salmans, Steffes,
Tyson, Umbarger.
Nays: Barone, Becker, Bond, Downey, Emert, Feleciano, Gooch, Goodwin, Hensley,
Jones, Langworthy, Oleen, Petty, Praeger, Ranson, Salisbury, Steineger, Stephens,
Vidricksen, Vratil.
The motion failed and the amendment was rejected.
The committee recommended S Sub for Sub HB 2581 be passed as amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and Sub SB 600; SCR 1628, 1635; HB 2580; S Sub for Sub HB 2581; HB 2817 were
advanced to Final Action and roll call.
Sub SB 600, An act concerning insurance; relating to standards for prompt, fair and
equitable settlement of health care claims and payment for health care services; establishing
an unfair trade practices act violation.
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.
SCR 1628, A CONCURRENT RESOLUTION urging Congress to pass legislation
making the agricultural ambassador in the United States trade representative's office a
permanent position.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted, as amended.
SCR 1635, A CONCURRENT RESOLUTION memorializing the Congress of the
United States to propose submission to the states an amendment to the Constitution of the
United States of America restricting the ability of the federal judiciary to mandate any state
or subdivision thereof to levy or increase taxes.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted, as amended.
HB 2580, An act concerning consumer protection; relating to unsolicited consumer
telephone calls; amending K.S.A. 1999 Supp. 50-670 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, as amended.
EXPLANATION OF VOTE
Madam Vice-President: I vote yes on HB 2580, but I do so with the hope that in the
future this Legislature will enact serious telemarketing reform.
What we have passed today is, essentially, a toothless tiger. We have not addressed the
issue of no-call lists. In effect, we are shirking our responsibility to our constituents and
failing to heed their desire for placing their name on a no-call list to stop intrusive
telemarketing calls. By voting against my amendment to create such lists, the majority party
has once again proven that they are the party that will trample on the rights of consumers.--
Anthony Hensley
Senators Barone and Gooch request the record to show they concur with the ``Explanation
of Vote'' offered by Senator Hensley on HB 2580.
S Sub for Sub HB 2581, An act concerning abortion; amending K.S.A. 1999 Supp. 65-
6701, 65-6703, 65-6712 and 65-6721 and repealing the existing sections.
On roll call, the vote was: Yeas 23, Nays 17, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin,
Hensley, Jones, Kerr, Langworthy, Oleen, Petty, Praeger, Ranson, Salisbury, Steineger,
Stephens, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger, Harrington,
Huelskamp, Jordan, Lawrence, Lee, Morris, Pugh, Salmans, Steffes, Tyson, Umbarger.
The substitute bill passed, as amended.
EXPLANATION OF VOTE
Madam Vice-President: I vote yes on S Sub for Sub HB 2581 because it clarifies
present law. There are many court cases across the country and in the United States
Supreme Court that will help to define many of the questions that were asked today. In
fact, I wish we had waited until the Supreme Court has decided on these laws, but that
wasn't my choice. For the meantime though, this legislation better defines the laws in Kansas
and is a step to better define the abortion laws in Kansas. For this reason I vote yes on S
Sub for Sub HB 2581 and hope the Supreme Court clarifies the law even more. --Jim
Barone
Senators Gooch, Feleciano, Oleen, Ranson, Salisbury and Stephens request the record
to show they concur with the ``Explanation of Vote'' offered by Senator Barone on S Sub
for Sub HB 2581.
Madam Vice-President: I vote yes for this bill because this bill bans partial birth
abortions.
I congratulate the senator carrying the bill, for his comments regarding this bill.
I don't want to play God. Abortion is an issue between a woman and her God, her
husband, her minister, etc. but not something to be decided by some legislator in Topeka.--
Rich Becker
Madam Vice-President: I vote yes on S Sub for Sub HB 2581.
I have consistently supported a ban on partial birth abortions in Kansas. This bill does
just that. This bill contains provisions which are constitutional and I believe my vote is
consistent with the voices of the majority of Kansans.
With this vote I trust this issue will be put to rest. -- Greta Goodwin
Senators Downey, Oleen and Vratil request the record to show they concur with the
``Explanation of Vote'' offered by Senator Goodwin on S Sub for Sub HB 2581.
Madam Vice-President: In the U.S. Supreme Court 1989 Webster decision; the Court
stated in the framework established by Roe V. Wade 20 weeks falls within the 2nd trimester
and under Roe, regulation was permissible only to assure the health of the woman. (The
Court later in the Casey Decision (1992) upheld the established health definition of
``substantial and irreversible impairment of major bodily function.'') Justice O'Connor, noted
that there was roughly a 4 week margin of error in determining gestational age. ``Thus when
a doctor believes a fetus to be 20 weeks old, it might be 24 weeks old, which would place
the pregnancy in its 3rd trimester. Under Roe, states can regulate 3rd trimester abortions
to protect fetuses if they are viable.
In testimony before the Federal and States Affairs Committee last April, Dr. Jared
Pingleton, PHY.D testified that mental health concerns such as depression, or anyone
experiencing even severe mental health disorders while pregnant can be successfully treated.
That currently written legislation allows for women seeking late term abortions, functionally
permits persons who are not trained, experienced or licensed in psychological disorders to
make such psychological diagnosis, is unethical, and possibly dangerous. He also testified
that no psychological or medical data exists which states the mother's mental health is
improved by the death of a viable post 20 week baby.
In 1997, the Royal College of Obstetricians and Gynecologists, Britains equivalent to a
Panel of the National Academy of Sciences, suggests 3rd trimester termination, the fetus
will feel the pain and may even in some sense, be aware that it is being killed.
S Sub for Sub HB 2581 will allow abortion on demand through all 9 months even used
as birth control, due to this I vote no.--Nancey Harrington
Senators Jordan and Umbarger request the record to show they concur with the
``Explanation of Vote'' offered by Senator Harrington on S Sub for Sub HB 2581.
Madam Vice-President: Passage of S Sub for Sub HB 2581 will mean more abortions-
not less. It guts our current abortion law and will further open the floodgates to partial birth
abortion in Kansas. What a shame and an embarrassment to the citizens of Kansas. I vote
no.--Tim Huelskamp
Madam Vice-President: I vote aye on S Sub for Sub HB 2581 because we are assured
it will ban the procedure known as partial birth abortion. Further, the provision requiring
a psychiatrist be consulted in any case that a woman is seeking a mental health exception
should reduce the number of such abortions as well. I hope and pray the outcome is as
expected. --Dave Kerr
Madam Vice-President: I vote no on S Sub for Sub HB 2581, it isn't what its title
says it is. I believe that my constituents really want partial birth abortion banned, not just
to be told it has been. --Ed Pugh
Senators Bleeker, Brownlee, Clark, Harrington, Jordan and Tyson request the record to
show they concur with the ``Explanation of Vote'' offered by Senator Pugh on S Sub for
Sub HB 2581.
HB 2817, An act concerning animals; relating to the disposition of animals from an animal
shelter; relating to spaying or neutering; amending K.S.A. 1999 Supp. 47-1710 and 47-1731
and repealing the existing sections.
On roll call, the vote was: Yeas 30, Nays 10, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Downey, Feleciano, Gilstrap, Gooch,
Goodwin, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Petty, Praeger, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Nays: Bleeker, Clark, Corbin, Donovan, Emert, Hardenburger, Huelskamp, Pugh,
Ranson, Salisbury.
The bill passed.
ORIGINAL MOTION
On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on SB 389.
The Vice-President appointed Senators Hardenburger, Emert, and Hensley as conferees
on the part of the Senate.
CORRECTION OF THE JOURNAL
Correct the Journal of the Senate, on Wednesday, March 15, 2000, page 1357, under the
heading of Committee of the Whole to include SCR 1626 be adopted.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 17,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.