March 22, 2000
Journal of the Senate
FIFTY-FIRST DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, March 22, 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,
Spring is here, but at this point in the session it's easy for legislators to lose some of
the spring in their step.
The stairs are getting steeper.
The elevators are taking longer.
The nights are getting shorter.
The little pink message slips are proliferating.
The chores at home are piling up.
They go from caucus to committee to sub-committee to conference committee to
committee of the whole. They go from meeting with constituents to meeting with lobbyists
to meeting with reporters to pictures with pages. They go from Final Action to General
Orders to social engagements to bed and back to caucus.
They get calls from home, calls from business, calls from mayors, calls from unions,
calls from SRS, calls from DOT, calls from the Corporation Commission, calls from every
department in the Landon and Docking buildings, calls from people they don't know
and calls from people they do know whose names they can't remember.
They are getting tired, Lord. They're tired of talking, tired of listening, tired of yawning,
tired of smiling, tired of waiting, tired of meeting, tired of commuting, and right now
they're tired of praying. . . . so I'll sign off by thanking You for never growing tired of
caring about us.
I pray in Christ's Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following resolution was introduced and read by title:
SENATE CONCURRENT RESOLUTION No. 1645--
By Senators Bond, Emert and Hensley
A CONCURRENT RESOLUTION relating to the 2000 regular session of the legislature;
extending such session beyond 90 calendar days; and providing for adjournment thereof.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
to the Senate and two-thirds of the members elected to the House of Representatives
concurring therein: That the 2000 regular session of the legislature shall be extended
beyond 90 calendar days; and
Be it further resolved: That the legislature shall adjourn at the close of business of the
daily session convened on March 31, 2000, and shall reconvene at 10:00 a.m. on April 5,
2000; and
Be it further resolved: That the legislature shall adjourn at the close of business of the
daily session convened on April 7, 2000, or at the close of business of the daily session
convened on April 8, 2000, and shall reconvene at 10:00 a.m. on April 26, 2000; and
Be it further resolved: That except as otherwise authorized in the following resolving
clause of this resolution, the legislature shall adjourn at the close of business of the daily
session convened on April 29, 2000, and reconvene at 10:00 a.m. on May 24, 2000, at which
time the legislature shall continue in session but shall adjourn sine die at the close of business
on May 24, 2000; and
Be it further resolved: That the legislature may adjourn and reconvene at any time as
provided by concurrent resolution of the two houses during the period on and after April
29, 2000, to May 24, 2000, but the legislature shall reconvene at 10:00 a.m. on May 24,
2000, at which time the legislature shall continue in session and shall adjourn sine die at the
close of business on May 24, 2000; and
Be it further resolved: That the secretary of the senate and the chief clerk of the house
of representatives and employees specified by the director of legislative administrative
services for such purpose shall attend their duties each day during periods of adjournment,
Sundays excepted, for the purpose of receiving messages from the governor and conducting
such other business as may be required; and
Be it further resolved: That members of the legislature shall not receive the per diem
compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A.
1999 Supp. 46-137a for any day within a period in which both houses of the legislature are
adjourned for more than two days, Sundays excepted; and
Be it further resolved: That members of the legislature attending a legislative meeting
of whatever nature when authorized pursuant to law, or by the Legislative Coordinating
Council or by the President of the Senate or the Speaker of the House of Representatives
and members of a conference committee attending a meeting of the conference committee
authorized by the President of the Senate and the Speaker of the House of Representatives
during any period of adjournment for which members are not authorized compensation and
allowances pursuant to K.S.A. 1999 Supp. 46-137a shall receive compensation and travel
expenses or allowances as provided by K.S.A. 75-3212 except that the mileage allowance
shall be limited during any such period of adjournment to one full trip by the usual route
in going to and returning from an authorized meeting.
On emergency motion of Senator Emert SCR 1645 was adopted by a 2/3 constitutional
majority on a voice vote.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Agriculture: HB 3026.
Commerce: HCR 5071.
Financial Institutions & Insurance: SB 668.
MESSAGE FROM THE GOVERNOR
SB 489 approved on March 21, 2000.
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
March 21, 2000
Dale Brunton, Acting Director, Division of Accounts and Reports, submitted a copy of
the State of Kansas Monthly Financial Perspective for the month of February, 2000.
Enhanced monthly financial information is available on the internet under Monthly
Financial Perspective. There is also a web-site available.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 3005.
Adoption of HCR 5063.
Passage of SB 423, 426, 488, 529, 640.
Adoption of SCR 1632; Substitute SCR 1634.
Passage of SB 238, as amended; Substitute for Substitute SB 257, as amended by
House Substitute for Substitute for Substitute SB 257; SB 425, as amended, 483, as
amended, 510, as amended, 531, as amended, 568, as amended by House Substitute for
SB 568.
The House adopts the conference committee report on HB 2538.
The House accedes to the request of the Senate for a conference on SB 412 and has
appointed Representatives Cox, Humerickhouse and Burroughs as conferees on the part of
the House.
The House accedes to the request of the Senate for a conference on SB 470 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 3005; HCR 5063 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Steffes moved the Senate concur in house amendments to SB 445.
SB 445, An act concerning the uniform consumer credit code; amending K.S.A. 1999
Supp. 16a-1-301 and 16a-3-207 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 Steffes moved the Senate concur in house amendments to SB 503.
SB 503, An act enacting the Kansas uniform prudent investor act; repealing K.S.A. 17-
5004.
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.
On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 512 and requested a conference committee be appointed.
The President appointed Senators Praeger, Vratil and Steineger as a conference
committee on the part of the Senate.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to SB
574 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Feleciano as a conference
committee on the part of the Senate.
FINAL ACTION ON CONSENT CALENDAR
HB 2663, 2769, 2997 having appeared on the Consent Calendar for the required two
full legislative days without objection from any member, were considered on final action.
HB 2663, An act concerning certain cemeteries; authorizing the conveyance of cemetery
property.
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 2769, An act concerning the boiler safety act; providing exceptions for certain boilers
and pressure vessels; amending K.S.A. 1999 Supp. 44-917, 44-925 and 44-926 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, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp.
The bill passed.
HB 2997, An act concerning securities; amending K.S.A. 1999 Supp. 17-1252, 17-1261,
17-1262 and 17-1270a 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.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 651, An act concerning insurance; relating to reciprocal insurance companies;
amending K.S.A. 40-1601, 40-1602, 40-1603, 40-1604, 40-1605, 40-1606, 40-1607, 40-1608,
40-1610, 40-1611, 40-1612 and 40-1613 and K.S.A. 1999 Supp. 40-1620 and 40-1622 and
repealing the existing sections; also repealing K.S.A. 40-1614, 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 SB 652, 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, was considered on final action.
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 substitute bill passed, as amended.
SB 657, An act concerning postsecondary education and certain institutions thereof;
relating to powers and duties of the state board of regents and the state board of education;
affecting membership of the midwestern higher education commission; amending K.S.A.
72-60b02 and K.S.A. 1999 Supp. 71-613, 72-4408, 72-4412, 72-4517, 74-3202c, 74-32,140
and 74-32,141 and repealing the existing sections; also repealing K.S.A. 71-1001, 71-1002,
71-1003, 72-4409, 72-4409a and 72-4410 and K.S.A. 1999 Supp. 71-901 and 71-902, 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 2527, An act concerning agricultural production loans; amending K.S.A. 75-
4209 and 75-4237 and repealing the existing sections, was considered on final action.
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, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Salisbury.
The substitute bill passed, as amended.
HB 2745, An act concerning highways; relating to the highway advertising control act;
amending K.S.A. 68-2232 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, Bond, Clark, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Pugh.
The bill passed.
HB 2754, An act relating to banks and trust companies; concerning the holding of real
estate; amending K.S.A. 1999 Supp. 9-1102 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 2844, An act concerning elections; relating to the distribution of ballots, 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 2928, An act concerning elections; relating to election judges and clerks; amending
K.S.A. 1999 Supp. 25-2804 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 24, Nays 16, Present and Passing 0, Absent or Not Voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Downey, Hardenburger,
Harrington, Hensley, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty,
Praeger, Ranson, Steffes, Umbarger, Vidricksen, Vratil.
Nays: Barone, Corbin, Donovan, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Jones,
Oleen, Pugh, Salisbury, Salmans, Steineger, Stephens, Tyson.
The bill passed.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2767 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 2938, as amended by House Committee, be amended on page 2, in line 15, by
striking all after the second ``of'' and inserting ``professional dishonesty or other'';
On page 13, in line 10, after the period, by inserting ``Any firm which is denied registration
pursuant to this section shall be entitled to notice and an opportunity to be heard pursuant
to the Kansas administrative procedures act.''; and the bill be passed as amended.
Committee on Education recommends SCR 1644 be amended on page 3, following line
18, by inserting the following paragraphs:
``WHEREAS, Kansas Congressman Dennis Moore also recognizes that Kansas and the
other states are struggling under the burden of exploding special education costs as
evidenced by the following remarks made at a Kansas PTA rally:
``When I visited the school districts in the Kansas Third, I did not find one local
district that did not receive funding from the Individuals with Disabilities Education
Act. Nor did I find any school district that disagreed with its goals.
``Instead, what I did discover in every district was a school board struggling to find
the fiscal resources to comply--fiscal resources that Congress promised when it passed
the bill, but has never provided.
``Many of my colleagues have lauded this year's increase from 9% of the total cost for
special education in the U.S. to 12% in FY 2000. But guess what? When Congress passed
the legislation in 1975, it committed to fund 40% of the cost. Congress has never come
close to meeting this goal, and that has left local school districts to pick up the difference.
Increasing the federal appropriations would free up state and local education dollars
without adding additional federal red tape and bureaucracy.''; and in a letter to President
Clinton, Congressman Moore wrote:
``In 1975, Congress agreed to fund 40 percent of the excess costs to educate children
with disabilities. For fiscal year 2000, Congress funded 12 percent. Last year I visited
every school district in my congressional district and met with parents, administrators,
teachers and school board members. I found that each school district receives funding
from IDEA, and every school district agrees with its goals. But I also discovered that
every district was struggling to find the fiscal resources to meet these goals--resources
that Congress promised when it passed the bill, but has never provided. Every child in
our country deserves to be educated, and it should be a federal commitment of the first
order that we support our school districts in this endeavor. Keeping our promise to local
schools would free up state and local education dollars without adding additional federal
red tape and bureaucracy.''; and''; and the concurrent resolution be adopted as amended.
Committee on Elections and Local Government recommends HB 2627, as amended
by House Committee of the Whole, be amended by substituting a new bill to be designated
as ``SENATE Substitute for HOUSE BILL No. 2627,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2627
By Committee on Elections and Local Government
``AN ACT concerning state officers and employees; concerning governmental ethics;
concerning state agency contracts for consulting and professional services; amending
K.S.A. 1999 Supp. 46-237, 46-237a and 46-269 and repealing the existing sections.'';
and the substitute bill be passed.
Committee on Energy and Natural Resources recommends HB 2860, as amended
by House Committee of the Whole, be amended on page 3, after line 3, by inserting:
``(4) If, pursuant to subsection (d) of K.S.A. 65-3415b, and amendments thereto, a
county commission exempts solid waste from the fee imposed by subsection (b) of K.S.A.
65-3415b, and amendments thereto, any entity within the jurisdiction of the county shall be
barred from receipt of any grant funds.'';
Also on page 3, in line 4, by striking ``(4)'' and inserting ``(5)'';
On page 7, after line 15, by inserting:
``(d) The fee imposed by subsection (b) shall not apply to solid waste transferred out of
state through a transfer station located in a county where the county commission by
resolution has exempted such waste from such fee.'';
Also on page 7, by relettering the remaining subsections accordingly; and the bill be
passed as amended.
HB 2861 be amended on page 2, after line 30, by inserting:
``Sec. 2. K.S.A. 1999 Supp. 65-3424a is hereby amended to read as follows: 65-3424a.
(a) The owner or operator of any waste tire site shall provide the department with
information concerning the site's location and size and the approximate number of waste
tires that are accumulated at the site.
(b) No person shall:
(1) Maintain a waste tire site unless such person holds a valid permit issued for such
site pursuant to K.S.A. 65-3424b and amendments thereto;
(2) dispose of waste tires in the state unless the waste tires are disposed of for
processing, or collected for processing, at a solid waste processing facility, a waste tire site
which is an integral part of a waste tire processing facility, a waste tire processing facility or
a waste tire collection center or are made available to: (A) The department of wildlife and
parks for use by the department; or (B) a person engaged in a farming or ranching activity,
including the operation of a feedlot as defined by K.S.A. 47-1501, and amendments thereto,
as long as the accumulation has a beneficial use to the person accumulating the tires and
(i) the secretary determines that the use has no adverse environmental effects and (ii) the
accumulation is in accordance with all applicable zoning regulations;
(3) deposit waste tires in a landfill as a method of ultimate disposal, except that the
secretary, by rules and regulations, may authorize: (A) The final disposal, before July 1,
1999, of uncontaminated waste tires at a municipal landfill if the tires have been cut into
sufficiently small parts to assure their proper disposal; (B) the final disposal of processed
waste tires at a permitted waste tire monofill; (C) the final disposal of contaminated whole,
unprocessed waste tires at a municipal landfill or permitted waste tire monofill; (D) the use
of waste tires in their original state as part of a proven and approved leachate collection
system at a landfill; or (E) the use of waste tire material which has been cut into sufficiently
small tires which have been cut into two or more parts as daily cover material for a landfill;
or
(4) receive money in exchange for waste tires unless: (A) The person holds a permit
issued by the secretary pursuant to K.S.A. 65-3424b, and amendments thereto; or (B) the
person is a tire retailer who collects waste tires from the public in the ordinary course of
business.'';
By renumbering sections 2 through 4 as sections 3 through 5;
On page 5, after line 39, by inserting:
``Sec. 6. K.S.A. 1999 Supp. 65-3430 is hereby amended to read as follows: 65-3430. As
used in K.S.A. 65-3430 to 65-3447, and amendments thereto:
(a) ``Department'' means the Kansas department of health and environment.
(b) ``Disposal'' means the discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into or on any land or water so that such hazardous waste
or any constituent thereof may enter the environment or be emitted into the air or
discharged into any waters, including groundwater.
(c) ``Facility'' means all contiguous land, structures and other appurtenances and
improvements on the land utilized for the purpose of treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment, storage, or disposal operational
units.
(d) ``Generator'' means any person, by site, whose act or process produces hazardous
waste or whose act first causes a hazardous waste to become subject to regulation.
(e) (1) ``Hazardous waste'' means any waste or combination of wastes which, because
of its quantity, concentration or physical, chemical, biological or infectious characteristics
or as otherwise determined by the secretary to cause,: (A) Causes or significantly contribute
contributes to an increase in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose (B) poses a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or disposed of or otherwise
managed.
(2) Hazardous waste shall not include: (1) (A) Household waste; (2) (B) agricultural
waste returned to the soil as fertilizer; (3) (C) mining waste and overburden from the
extraction, beneficiation and processing of ores and minerals, if returned to the mine site;
(4) (D) drilling fluids, produced waters and other wastes associated with the exploration,
development and production of crude oil, natural gas or geothermal energy; (5) (E) fly ash,
bottom ash, slag and flue gas emission control wastes generated primarily from the
combustion of coal or other fossil fuels; (6) (F) cement kiln dust; or (7) (G) materials listed
in 40 CFR 261.4, as in effect on July 1, 1983, or any later version as established in rules
and regulations adopted by the secretary.
(f) ``Hazardous waste disposal facility'' means a facility or part of a facility: (1) At which
hazardous waste is treated,; (2) at which hazardous waste is stored; or (3) at which hazardous
waste is disposed and at which waste will remain after closure. Such term also shall mean
``Hazardous waste facility'' includes a hazardous waste injection well.
(g) ``Hazardous waste management'' means the systematic control of the collection,
source separation, storage, transportation, processing, treatment, recovery and disposal of
hazardous waste.
(h) ``Hazardous waste transfer facility'' means any hazardous waste transportation-
related facility, other than the location of generation or of final treatment or disposal, that,
during the course of transportation, serves as an area for the accumulation, consolidation,
distribution or transfer of hazardous waste shipments, including loading docks, parking areas,
rail spurs and other similar areas where shipments of hazardous waste are held during the
normal course of transportation. ``Hazardous waste transfer facility'' does not include
hazardous waste disposal facilities or permitted household hazardous waste facilities.
(i) ``Manifest'' means the form prescribed by the secretary to be used for identifying
the quantity, composition, origin, routing and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment or storage.
(j) ``Modification'' means the expansion or enlargement of a facility beyond the
boundaries established by an existing permit or any material or substantial alteration or
addition to an existing permitted facility which would justify the application of permit
conditions that would be materially or substantially different from the conditions of the
existing permit or are absent from the existing permit.
(k) ``Monitoring'' means all procedures used to (1) systematically inspect and collect
samples or require information and copy records or data on the operational parameters of
a facility, generator or a transporter; or (2) to systematically collect and analyze data on the
quality of the air, groundwater, surface water or soil on or in the vicinity of a hazardous
waste generator, transporter or facility.
(l) ``Off-site facility'' means a facility where treatment, storage or disposal activities are
conducted by a person other than the hazardous waste generator.
(m) ``On-site facility'' means a facility which is solely owned and operated by the
generator exclusively for the treatment, storage or disposal of wastes which have been
generated on the contiguous property and includes the same or geographically contiguous
property which may be divided by public or private right-of-way, provided the entrance and
exit between the properties is at a crossroads intersection and access is by crossing and not
going along the right-of-way or noncontiguous properties owned by the same person but
connected by a right-of-way which the person controls and to which the public does not
have access.
(n) ``Permit'' means the document issued to a person by the secretary which allows
such person to construct and operate a hazardous waste treatment, storage or disposal facility
in the state.
(o) ``Person'' means an individual, trust, firm, joint stock company, federal agency,
corporation, including a government corporation, partnership, state, municipality,
commission, political subdivision of a state or any interstate body.
(p) ``Secretary'' means the secretary of the department of health and environment.
(q) ``Storage'' means the holding of hazardous waste for a temporary period at the end
of which the hazardous waste is treated, disposed of or stored elsewhere.
(r) ``Transporter'' means any person who is engaged in the off-site transportation of
hazardous waste by air, rail, land, highway or water.
(s) ``Treatment'' means any method, technique, or process, including neutralization,
designed to change the physical, chemical or biological character or composition of any
hazardous waste so as to neutralize such waste or so as to recover energy or material
resources from the waste, to render such waste nonhazardous, or; less hazardous,; safer to
transport, store or dispose of or; amenable for recovery, amenable for or storage; or reduced
in volume.
(t) ``Waste'' means any garbage, refuse, sludge or other discarded material which is
abandoned or committed to treatment, storage or disposal, including solid, liquid, semisolid,
or contained gaseous materials resulting from industrial, commercial, mining, community
and agricultural activities. Waste does not include solid or dissolved materials in domestic
sewage, in or irrigation return flows, or solid or dissolved materials or industrial discharges
which are point sources subject to permits under K.S.A. 65-165, and amendments thereto.
(u) ``Acutely hazardous waste'' means a commercial chemical product or manufacturing
chemical intermediate having a generic name listed in 40 CFR 261.33(e), as in effect on
July 1, 1984, or any later version as established in rules and regulations adopted by the
secretary; or an off-specification commercial chemical product or manufacturing chemical
intermediate which, if either met specifications, would have a generic name listed in 40
CFR 261.33(e), as in effect on July 1, 1984, or any later version as established in rules and
regulations adopted by the secretary.
(v) ``Underground injection'' means the subsurface emplacement of fluids through a
well for which a permit has been issued by the secretary.
(w) ``Land treatment'' means the practice of applying hazardous waste onto or
incorporating hazardous waste into the soil surface so that it degrades or decomposes and
renders the waste nonhazardous.
(x) ``Above ground storage'' means the placement of containerized hazardous waste into
an above ground structure for a temporary period prior to the reuse or ultimate treatment
or disposal of such waste.
(y) ``Closure plan'' means a written document which identifies the procedures by which
the owner or operator of a hazardous waste management facility will close such facility so
as to control, minimize or eliminate, to the extent necessary to prevent a threat to human
health and the environment, post-closure escape of hazardous waste, hazardous waste
constituents, leachate, contaminated rainfall or waste decomposition products to the ground,
groundwater, surface waters or to the atmosphere.
(z) ``Post-closure plan'' means the written document which identifies the procedures
by which the owner or operator of a hazardous waste management facility shall provide, for
a minimum of 30 years, for groundwater protection, site security and maintenance of cover
and leachate collection systems.
Sec. 7. K.S.A. 1999 Supp. 65-3431 is hereby amended to read as follows: 65-3431. The
secretary is authorized and directed to:
(a) Adopt such rules and regulations, standards and procedures relative to hazardous
waste management as may be necessary to protect the public health and environment and
enable the secretary to carry out the purposes and provisions of this act.
(b) Report to the legislature on further assistance needed to administer the hazardous
waste management program.
(c) Administer the hazardous waste management program pursuant to provisions of
this act.
(d) Cooperate with appropriate federal, state, interstate and local units of government
and with appropriate private organizations in carrying out the duties under this act.
(e) Develop a statewide hazardous waste management plan.
(f) Provide technical assistance, including the training of personnel, to industry, local
units of government and the hazardous waste management industry to meet the
requirements of this act.
(g) Initiate, conduct and support research, demonstration projects, and investigations
and coordinate all state agency research programs with applicable federal programs
pertaining to hazardous waste management.
(h) Establish policies for effective hazardous waste management.
(i) Authorize issuance of such permits and orders, conduct inspections and collect
samples or require information and copy records or data as may be necessary to implement
the provisions of this act and the rules and regulations and standards adopted pursuant to
this act.
(j) Conduct and contract for research and investigations in the overall area of hazardous
waste storage, collection, transportation, treatment, recovery and disposal including, but not
limited to, new and novel procedures.
(k) Adopt rules and regulations establishing criteria for identifying the characteristics
of hazardous waste and for listing hazardous waste. The secretary shall prepare and keep
current a listing of hazardous wastes and set of characteristics based on the rules and
regulations adopted pursuant to this subsection. The listing shall identify, but need not be
inclusive of, all the hazardous waste subject to the provisions of this act. The criteria for
identification and listing shall be consistent with the criteria for identification and listing
adopted by the administrator of the United States environmental protection agency under
the authority vested in the administrator by the Resource Conservation and Recovery Act
of 1976 (42 USC 6921) as amended by the Solid Waste Disposal Act of 1980 (P.L. 94-482,
October 21, 1980), and as amended by the Hazardous and Solid Waste Act of 1984 (P.L.
98-616, November 8, 1984).
(l) Adopt rules and regulations establishing: (1) Appropriate measures for monitoring
generators, transporters and facilities during operation, during closure, and after closure of
such facilities to insure compliance with the rules and regulations adopted under this act
and any permit issued under this act; (2) procedures to suspend operation of such generators,
transporters or facilities as may be required to protect the public health and safety or the
environment; and (3) appropriate measures to insure that any use of a hazardous waste
disposal facility after closure will not endanger the public health or safety or the
environment.
(m) Adopt rules and regulations establishing standards for hazardous waste generators
including, but not limited to, notification of hazardous waste generation, reporting,
recordkeeping, labeling, containerization, source separation, storage, manifests, monitoring,
sampling and analysis and manner of filing notifications, reports and manifests.
(n) Adopt rules and regulations prescribing the form of the manifest and requiring such
manifest to accompany any hazardous waste collected, transported, treated, recovered or
disposed of, and prescribing the contents of the manifest which shall include, but not be
limited to, the quantity and composition of the hazardous waste, generator, transporter,
destination, facility and the manner of signing and filing of the manifest and for the
maintenance of records.
(o) Adopt rules and regulations establishing standards for routes used for transporting
hazardous waste within the state with the concurrence of the state corporation commission.
Such standards shall be consistent with those of the United States department of
transportation and the state corporation commission, with respect to transportation of
hazardous materials. Motor vehicles which are used for the transportation of hazardous
waste in accordance with this act shall be exempt from the requirements of K.S.A. 66-1,108
et seq. and amendments thereto, and any rules and regulations adopted thereunder
pertaining to routes which shall be under the jurisdiction of the secretary as provided in
this act including any rules and regulations adopted thereunder. Otherwise such motor
vehicles shall be subject to the requirements of K.S.A. 66-1,108 et seq. and amendments
thereto, and any rules and regulations adopted thereunder.
(p) Adopt rules and regulations establishing standards for transporters of hazardous
waste including, but not limited to, notification of hazardous waste transport, manifests,
labeling, recordkeeping and the filing of reports.
(q) Adopt rules and regulations establishing standards and procedures to protect public
health and the environment from any release of hazardous waste into the environment and
to insure the prompt correction of any such release and damage resulting therefrom by the
person transporting, handling or managing such hazardous waste.
(r) Adopt rules and regulations requiring that, for such period of time as the secretary
shall specify, any assignment, sale, conveyance or transfer of all or any part of the real
property upon which a hazardous waste treatment, storage or disposal facility is or has been
located shall be subject to such terms and conditions as to the use of such property as the
secretary shall specify to protect human health and the environment.
(s) Adopt rules and regulations establishing a permit system which includes standards
for hazardous waste facilities and procedures for implementation of a permit system for the
construction, alteration, or operation of a hazardous waste treatment, storage or disposal
facility including, but not limited to, content of applications, evidence of financial
responsibility, existing hydrogeological characteristics, environmental assessment, training
of personnel, maintenance of operations, qualifications of ownership, continuity of
operation, public notification and participation and compliance with those standards
established pursuant to subsection (t).
(t) Adopt rules and regulations establishing minimum standards for the design, location,
construction, alteration, operation, termination, closing and long-term care of hazardous
waste facilities for the treatment, storage or disposal of hazardous waste, including, but not
limited to, notification of hazardous waste treatment, storage or disposal, general facility
standards, contingency plans, emergency procedures, manifest system, recordkeeping,
inspections, monitoring, reporting, closure and postclosure plans and financial requirements.
The operator of the facility shall be responsible for long-term care of the facility for 30 years
after closure of the facility except that the secretary may modify the long-term care
requirements for any facility when all hazardous waste is removed from the facility at closure.
The secretary may extend the long-term care responsibility of any operator of a facility as
the secretary may deem necessary to protect the public health and safety or the environment.
Any person acquiring rights of possession or operation of any hazardous waste facility
permitted by the secretary for the treatment, storage or disposal of hazardous waste at any
time after the facility has begun to accept waste and prior to the end of the required period
of long-term care shall be subject to all of the requirements, terms and conditions of the
permit for the facility including all requirements relating to long-term care of the facility.
The sale or acquisition of a hazardous waste disposal facility during the long-term care period
shall be subject to the assignment of long-term care responsibilities as determined by the
secretary.
(u) Adopt rules and regulations establishing a schedule of annual fees to be paid to the
secretary by: (1) Persons owning or operating hazardous waste treatment, storage or disposal
facilities; (2) hazardous waste transporters; or (3) hazardous waste generators producing or
bringing into existence hazardous waste in Kansas. The fees shall be for monitoring facilities
both during and after operation, for monitoring generators of hazardous waste in Kansas
and for monitoring the transportation of hazardous wastes. The fees shall be sufficient to
reimburse the cost of the state in performing these monitoring responsibilities. The fee
established under this subsection for each hazardous waste facility shall not exceed $50,000
annually. In setting fees, the secretary may exempt those fees which would be payable by
generators for hazardous waste which is treated to recover substantial amounts of either
energy or materials from hazardous wastes. The secretary shall remit at least monthly any
moneys collected from such fees to the state treasurer. Upon receipt of any such remittance,
the state treasurer shall deposit the entire amount thereof in the state treasury to the credit
of the hazardous waste management fund created by K.S.A. 1999 Supp. 65-3491 and
amendments thereto.
(v) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the
secretary by applicants for permits to construct, modify or operate a hazardous waste facility.
The fees established under this subsection shall not exceed $175,000 for each application
submitted. These fees shall be based upon resources required to review the application, the
type of facility, quantity of waste processed, type of waste processed, degree of hazard and
potential impact upon human health and environment.
(2) The secretary shall remit at least monthly any money collected pursuant to this
subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer
shall deposit the entire amount thereof in the state treasury to the credit of the hazardous
waste management fund created by K.S.A. 1999 Supp. 65-3491 and amendments thereto.
(w) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the
secretary by off-site hazardous waste treatment and disposal facilities at which hazardous
waste is treated and off-site hazardous waste facilities at which hazardous waste is disposed
and will remain after closure. In establishing fees, the secretary shall give consideration to
the degree of hazard, energy content, quantity of waste, costs of treatment or disposal, and
estimated future receipts. Fees shall be in an amount not to exceed $.01 per pound of
hazardous waste treated, or burned for energy or material recovery. In no event shall the
fees established under this subsection exceed the following annual calendar year caps:
$60,000 for a facility which burns hazardous waste for energy or material recovery only;
$200,000 for a facility which burns hazardous waste for treatment or disposal only. Facilities
which burn hazardous waste for: (i) (A) Energy or material recovery; and (ii) (B) treatment
or disposal shall be subject to a total facility cap of $200,000, which includes a separate cap
of $60,000 for hazardous wastes which are burned for energy or material recovery. The
secretary shall establish a differential fee schedule for hazardous wastes based upon waste
characteristics which is consistently applied to all facilities which burn hazardous wastes. In
all other cases, fees shall be in an amount not to exceed $.05 per pound of hazardous waste
disposed.
(2) The secretary shall remit at least monthly any money collected pursuant to this
subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer
shall deposit the entire amount thereof in the state treasury to the credit of the hazardous
waste management fund created by K.S.A. 1999 Supp. 65-3491 and amendments thereto,
except that 25% of any such deposit shall be deposited to the credit of the hazardous waste
collection fund created by K.S.A. 65-3460 and amendments thereto.
(x) Encourage, coordinate or participate in one or more waste exchange clearing houses
for the purpose of promoting reuse and recycling of industrial wastes.
(y) Adopt rules and regulations establishing the criteria to specify when a change of
principal owners or management of a hazardous waste treatment, storage or disposal facility
occurs and under what circumstances and procedures a new permit shall be required to be
issued to the transferees of a facility which was permitted to the transferor.
(z) Adopt rules and regulations concerning the generation, transportation, storage,
blending, marketing, burning and types of hazardous waste for which any method, technique
or process to recover energy will be considered hazardous waste treatment. Such rules and
regulations should specify a minimum heat value of the waste so as to ensure that a legitimate
energy recovery will occur and should consider other characteristics of the waste which are
appropriate to ensure that such method, technique or process for energy recovery will not
pose a threat to the public health or environment.
Sec. 8. K.S.A. 65-3433 is hereby amended to read as follows: 65-3433. (a) After the
effective date of this act, no person shall modify or construct an off-site hazardous waste
disposal facility without a permit issued by the secretary under this act.
(b) Upon receipt of an application for a permit to construct a an off-site hazardous
waste facility which complies with the requirements of this section, the secretary shall:
(1) Publish a notice once per week for three consecutive weeks in a newspaper having
major circulation in the county in which the facility is proposed to be located. The required
published notice shall contain a map indicating the location of the proposed facility and
shall contain a description of the proposed action and the location where the permit
application and related documents may be reviewed and where copies may be obtained.
The notice shall describe the procedure by which the permit may be granted. The secretary
shall transmit a copy of the notice to the clerk of any city which is located within three miles
of the proposed facility.
(2) Review the plans of the proposed facility to determine if the proposed operation
complies with this act and the rules and regulations promulgated under this act. The review
shall include but not be limited to air quality, water quality, waste management and
hydrogeology. If the facility review, the plan review, and the application meet the
requirements of this act and the rules and regulations promulgated under this act, the
secretary shall approve construction or modification of the facility which approval may
contain conditions specifically applicable to the facility and operation. An expansion,
enlargement or modification of a facility beyond the specified areas indicated in the existing
permit constitutes a new proposal for which a new construction permit application is
required.
(c) The secretary shall approve or deny a construction permit application within 240
days after the secretary receives an application meeting the requirements of this section
except such time period shall not apply to an application for a license to be issued under
the authority of K.S.A. 48-1607, and amendments thereto. If the secretary approves an
application, the secretary immediately shall notify the applicant. If the secretary denies an
application, the secretary shall notify the applicant in writing of the reasons for the denial.
No local ordinance, permit or other requirements may prohibit the construction or
modification of such a facility or restrict transportation to the facility.
Sec. 9. K.S.A. 65-3439 is hereby amended to read as follows: 65-3439. (a) Permits for
hazardous waste treatment, storage and disposal facilities shall be issued for fixed terms not
to exceed 10 years.
(b) Plans, designs and relevant data for the construction of hazardous waste treatment,
storage and disposal facilities shall be prepared by a professional engineer licensed to
practice in Kansas and shall be submitted to the department for approval prior to the
construction, modification or operation of such a facility. In adopting rules and regulations,
the secretary may specify sites, areas or facilities where the environmental impact is minimal
and may waive the requirement that plans and designs for on-site storage or treatment
facilities be prepared by a professional engineer.
(c) Each permit granted by the secretary, as provided in this act, shall be subject to
such conditions as the secretary deems necessary to protect human health and the
environment and to conserve the sites. Such conditions shall include approval by the
secretary of the types and quantities of hazardous waste allowable for storage, treatment or
disposal at the permitted location and, in the case of underground injection wells, minimum
pretreatment standards established by the secretary.
(d) The secretary shall not issue a permit for a hazardous waste underground injection
well unless such methodology is deemed the most reasonable method of disposing of the
hazardous waste after considering the health and environmental effects, alternative
treatment and disposal technologies and economic impact relating to such well.
(e) Permits granted by the secretary, as provided in this act, shall be revocable or subject
to suspension whenever the secretary shall determine that the hazardous waste treatment,
storage or disposal for failure to pay any fee as required by this act or if the secretary
determines that:
(1) A hazardous waste facility is, or has been constructed or conducted operated in
violation of this act or the rules and regulations or standards adopted pursuant to the act,
or is creating a hazard to the public health or safety or to the environment, or for failure to
make payment of any fee to any funds created under this act. The secretary also may revoke
or suspend a permit when the secretary determines that;
(2) the permittee has committed, or past or continuing violations such that an original
permit application would be denied under the provisions of subsection (c)(3) of K.S.A. 65-
3437, and amendments thereto; or
(3) in the case of a corporate permittee, when the permittee or, any person who holds
an interest in or exercises total or partial control of or does business with the permittee or
a any principal of the corporation is the principal of another corporation which has
committed past or continuing violations such that an original permit application would be
denied under the provisions of paragraph (3) of subsection (c)(3) of K.S.A. 65-3437, and
amendments thereto.
(f) In case any permit is denied, suspended or revoked, any person aggrieved by such
decision may request a hearing before the secretary in accordance with K.S.A. 65-3440, and
amendments thereto.
Sec. 10. K.S.A. 1999 Supp. 65-3441 is hereby amended to read as follows: 65-3441.
(a) It shall be unlawful for any person to:
(1) Dump or deposit, or permit the dumping or depositing of, any hazardous waste
regulated by this act into any facility which does not comply with the provisions of this act
or rules or regulations, standards or orders of the secretary, but this provision shall not
prohibit: (A) The use of hazardous wastes in normal farming operations or in the processing
or manufacturing of other products in a manner that will not adversely affect the public
health or environment,; or (B) a generator who periodically produces a quantity of hazardous
waste less than the quantity regulated under subsection (k) of K.S.A. 65-3431, and
amendments thereto, from disposing such quantity of hazardous waste into a facility
approved by the department which has a permit issued under K.S.A. 65-3407, and
amendments thereto.
(2) Construct, modify or operate a hazardous waste storage, treatment or disposal
facility without a permit or other required written approval from the secretary or to be in
violation of the rules and regulations, standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to the rules and
regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination or copying of
records related to the purposes of this act by an agent or employee of the secretary after
such agent or employee identifies and gives notice of their purpose at any time.
(6) Knowingly make any false material statement or representation in any application,
label, manifest, record, report, permit or other document filed, maintained or used for
purposes of compliance with this act.
(7) Knowingly destroy, alter or conceal any record required to be maintained under
rules and regulations promulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized to operate under the
federal hazardous waste program or under a state hazardous waste program which has
received approval to operate in lieu of the federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorized to operate under
the federal hazardous waste program or under a state hazardous waste program which has
received approval to operate in lieu of the federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any other fuel intended
for use by residential consumers or sell such blended fuel to a residential consumer.
(11) Transport and dispose of, or cause the transportation and disposition of, hazardous
waste in a manner contrary to the rules and regulations, standards or orders of the secretary.
It shall not constitute a defense to the generator that the generator acted through an
independent contractor in the transportation or disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous waste is transferred
from one or more containers to one or more different containers. The provisions of this
subsection shall not apply to overpacking of hazardous waste containers when the overpack
containers are marked with labels that contain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to (10), inclusive, of
subsection (a) shall be guilty of a class A nonperson misdemeanor and, upon conviction
thereof, shall be punished as provided by law. Any person who violates any provision of
paragraph (11) or (12) of subsection (a) shall be guilty of a severity level 10, nonperson
felony and, upon conviction thereof, shall be punished as provided by law.
(c) Any person who knowingly violates any provisions of paragraphs (1) to (12),
inclusive, of subsection (a) shall be guilty of a severity level 6, nonperson felony and, in the
case of a continuing violation, every day such violation continues shall be deemed a separate
violation, and, upon conviction thereof, shall be punished as provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1) to (12), inclusive,
of subsection (a) shall be legally responsible to the same extent as if such acts were in the
individual's own name or on the individual's own behalf.
(e) The county or district attorney of every county shall file appropriate actions for
enforcement of this section upon request of the secretary or upon the county or district
attorney's own motion after consultation with the secretary.
(f) No person shall be held responsible for failure to secure a permit under the
provisions of this section for the dumping or depositing of any hazardous waste on land
owned or leased by such person without their expressed or implied consent, permission or
knowledge.
Sec. 11. K.S.A. 65-3445 is hereby amended to read as follows: 65-3445. (a)
Notwithstanding any other provision of this act, upon receipt of information that the storage,
transportation, treatment or disposal of any hazardous waste may present a substantial
hazard to the health of persons or to the environment or for a threatened or actual violation
of this act or any rules or regulations adopted pursuant thereto or any orders issued pursuant
thereto or any permit conditions required thereby, the secretary may take such action as
may be necessary to protect the health of persons or the environment. The action the
secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or operator of the
storage, treatment or disposal hazardous waste facility or site, or the custodian of the waste,
which constitutes the hazard, to take such steps as are necessary to prevent the act or
eliminate the practice which constitutes the hazard. The action may include, with respect
to a facility or site, permanent or temporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified in subsection (a)(1) or
requesting that the attorney general or appropriate district or county attorney commence
an action to enjoin those acts or practices. Upon a showing by the secretary that a person
has engaged in those acts or practices, a permanent or temporary injunction, restraining
order or other order may be granted by any court of competent jurisdiction. An action for
injunction under this subsection (a)(2) shall have precedence over other cases in respect to
order of trial.
(3) Applying to the district court in the county in which an order of the secretary under
subsection (a)(1) will take effect, in whole or in part, for an order of that court directing
compliance with the order of the secretary. Failure to obey the court order shall be
punishable as contempt of the court issuing the order. The application under this subsection
(a)(3) for a court order shall have precedence over other cases in respect to order of trial.
(b) In any civil action brought pursuant to this section in which a temporary restraining
order, preliminary injunction or permanent injunction is sought, it shall not be necessary to
allege or prove at any stage of the proceeding that irreparable damage will occur should the
temporary restraining order, preliminary injunction or permanent injunction not be issued
or that the remedy at law is inadequate, and the temporary restraining order, preliminary
injunction or permanent injunction shall issue without such allegations and without such
proof.
(c) Any order of the secretary pursuant to subsection (a)(1) is subject to hearing and
review in accordance with K.S.A. 65-3440 and amendments thereto.
Sec. 12. K.S.A. 65-3458 is hereby amended to read as follows: 65-3458. (a) The
underground burial of hazardous waste produced by persons generating quantities of such
waste greater than those specified in K.S.A. 65-3451 and amendments thereto is prohibited
except as provided by order of the secretary of health and environment issued pursuant to
this act. Such prohibition shall not be construed as prohibiting mound landfill, aboveground
storage, land treatment or underground injection of hazardous waste. Any existing hazardous
waste disposal facility which utilizes underground burial shall cease such practice and, with
the approval of the secretary, shall implement closure and postclosure plans for all units of
the facility in which hazardous wastes have been disposed of underground.
(b) (1) The secretary shall decide whether or not an exception to the prohibition against
underground burial of hazardous waste shall be granted for a particular hazardous waste.
No decision to grant an exception shall be rendered unless it is demonstrated to the secretary
that, except for underground burial, no economically reasonable or technologically feasible
methodology exists for the disposal of a particular hazardous waste. The procedures for
obtaining an exception to the prohibition against underground burial of hazardous waste
shall include a public hearing conducted in accordance with the provisions of the Kansas
administrative procedure act and such other procedures as are established and prescribed
by rules and regulations adopted by the secretary. Such rules and regulations shall include
requirements for the form and contents of a petition desiring an exception.
(2) Within 90 days after submission of a petition desiring an exception, and if the
secretary decides to grant an exception to the prohibition against underground burial of
hazardous waste, the secretary of health and environment shall issue an order so providing.
Any action by the secretary pursuant to this section is subject to review in accordance with
the act for judicial review and civil enforcement of agency actions.'';
Also on page 5, by renumbering sections 5 and 6 as sections 13 and 14; in line 40, before
``K.S.A.'' by inserting ``K.S.A. 65-3433, 65-3439, 65-3445 and 65-3458 and''; also in line 40,
after the first comma, by inserting ``65-3424a,''; in lines 40 and 41, by striking ``and 65-
3424m'' and inserting ``, 65-3424m, 65-3430, 65-3431 and 65-3441'';
In the title, in line 9, after ``concerning'' by inserting ``waste; relating to hazardous waste
and''; also in line 9, before ``K.S.A.'' by inserting ``K.S.A. 65-3433, 65-3439, 65-3445 and 65-
3458 and''; in line 10, before ``65-3424f'' by inserting ``65-3424a,''; also in line 10, by striking
``and 65-3424m'' and inserting ``, 65-3424m, 65-3430, 65-3431 and 65-3441''; and the bill
be passed as amended.
HB 2985 be amended on page 1, in line 36, by striking the last ``and''; in line 40, after
``state'', by inserting ``; and
(3) the proposed diversion and transportation of water will not allow water apportioned
to the state of Kansas by an interstate water compact to be used in another state''; and the
bill be passed as amended.
Committee on Transportation and Tourism recommends HB 2561 be amended by
substituting a new bill to be designated as ``Senate Substitute for HOUSE BILL No. 2561,''
as follows:
``SENATE Substitute for HOUSE BILL No. 2561
By Committee on Transportation and Tourism
``AN ACT relating to motor vehicles; concerning certificates of title; amending K.S.A. 8-
199 and K.S.A. 1999 Supp. 8-116a, 8-135, 8-197, 8-198 and 8-1,137 and repealing the
existing sections; also repealing K.S.A. 8-1,136.'';
and the substitute bill be passed.
Committee on Utilities begs leave to submit the following report:
The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:
By the Governor:
State Corporation Commission: K.S.A. 74-601
John R. Wine, Member, term expires March 15, 2004
Also, HB 2782 be amended by substituting a new bill to be designated as ``SENATE
Substitute for HOUSE BILL No. 2782,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2782
By Committee on Utilities
``AN ACT concerning oil and gas; relating to certain abandoned wells; amending K.S.A.
1999 Supp. 55-155, 55-161, 55-179, 55-192 and 55-193 and repealing the existing
sections.'';
and the substitute bill be passed.
Committee on Ways and Means recommends SB 381 be amended by adoption of the
amendments recommended by the Senate Committee on Education as reported in the
Journal of the Senate on February 22, 2000, and the bill, as printed with amendments
by Senate Committee, be further amended on page 33, by striking all of lines 29 through
43;
On page 34, by striking all of lines 1 through 43;
On page 35, by striking all of lines 1 through 43;
On page 36, by striking all of lines 1 through 43;
On page 37, by striking all of lines 1 through 43;
On page 38, by striking all of lines 1 through 21;
By renumbering sections 44 through 57 as sections 38 through 51;
On page 43, in line 38, by striking ``one member representing dentists;'';
In the title, in line 12, by striking ``dentists''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 651; Sub SB 652; SB 657; SCR 1628, 1635 reported correctly engrossed March
22, 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
Hardenburger in the chair.
On motion of Senator Hardenburger the following report was adopted:
Recommended HB 2592, 2596, 2600 be passed.
The committee report on HB 2879 recommending a S Sub for HB 2879 be adopted,
and the substitute bill be passed.
The committee report on Sub HB 2007 recommending a S Sub for Sub HB 2007 be
adopted.
Senator Harrington offered an amendment.
The committee recommended the S Sub for Sub HB 2007 be passed over and retain a
place on the calendar
HB 2011, 2646, 2648, 2670, 2696, 2780 be amended by adoption of the committee
amendments, and the bills be passed as amended.
SB 327 be amended by motion of Senator Salisbury on page 1, in line 14, after ``K.S.A.'',
by inserting ``1999 Supp.'';
In the title, in line 9, after ``K.S.A.'', by inserting ``1999 Supp.
Senator Ranson moved to amend the bill on page 1, before line 14, by inserting the
following:
``Section 1. K.S.A. 1999 Supp. 75-6801 is hereby amended to read as follows: 75-6801.
(a) As used in this section:
(1) ``Executive secretary'' means the executive secretary of the Kansas public employees
retirement system.
(2) ``F.T.E. positions'' means the number of full time and regular part time positions
equated to full time, excluding seasonal and temporary positions, paid from appropriations.
(3) ``Head of the governmental branch'' means the governor, in the case of the executive
branch; and the legislative coordinating council, in the case of the legislative branch.
(4) ``Retiree'' means any person electing to retire pursuant to K.S.A. 74-4914, and
amendments thereto, except that ``retiree'' shall not include any person who is retiring from
a position which provides direct care for patients at Topeka state hospital, Osawatomie state
hospital, Rainbow mental health facility or Larned state hospital, Kansas neurological
institute, Parsons state hospital and training center, Winfield state hospital and training
center, university of Kansas medical center, Atchison juvenile correctional facility, Beloit
juvenile correctional facility, Larned juvenile correctional facility, Topeka juvenile
correctional facility, Kansas soldiers' home and Kansas veterans' home.
(b) The executive secretary shall provide the head of the governmental branch notice
of the name, employing state agency and retirement date of each retiree retiring after the
effective date of this act and such other information that may be prescribed by the head of
the governmental branch.
(c) (1) Upon receipt of each notice pursuant to subsection (b) regarding a retiree
employed by a state agency in the executive branch, the governor shall direct the secretary
of administration to reduce by one the number of F.T.E. positions authorized for the state
agency that employed the retiree and reduce the expenditure authority of such state agency
in an amount attributable to the amount of unused salary and employer-paid benefits
attributable to the retiree's job position for the next ensuing fiscal year following the fiscal
year in which each such notice is received.
(2) Upon receipt of each notice pursuant to subsection (c) regarding a retiree employed
by a state agency in the legislative branch, the legislative coordinating council shall reduce
by one the number of F.T.E. positions for the state agency that employed the retiree and
reduce the expenditure authority of such state agency in an amount attributable to the
retiree's job position for the next ensuing fiscal year following the fiscal year in which each
such notice is received.
(d) (1) For reductions made in the executive branch of government, the governor is
authorized to restore or allocate, to any state agency or agencies within the executive branch,
no more than 3/4 4/5 of the F.T.E. positions and expenditure authority reductions made
pursuant to subsection (c)(1), except that, upon request of the governor, the reduced number
of authorized F.T.E. positions and the reduced amount of expenditure authority established
under subsection (c)(1) for a state agency in the executive branch of government may be
increased upon approval by the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto.
(2) For reductions made in the legislative branch of government, the legislative
coordinating council is authorized to restore or allocate, to any state agency or agencies
within the legislative branch, no more than 3/4 4/5 of the F.T.E. positions and expenditure
authority reductions made pursuant to subsection (c)(2), except that, upon request of the
agency head, the reduced number of authorized F.T.E. positions and the reduced amount
of expenditure authority established under subsection (c) for a state agency in the legislative
branch of government may be increased upon approval by the legislative coordinating
council.
(e) The secretary of administration is authorized to prescribe such policies and
procedures as may be deemed necessary to carry out the provisions of this section.'';
And by renumbering sections accordingly;
Also on page 1, in line 14, after ``K.S.A.'', by inserting ``1999 Supp.'';
On page 1, in the title, in line 9, by striking ``repealing K.S.A. 75-6801;''; in line 11,
before the period, by inserting ``; amending K.S.A. 1999 Supp. 75-6801 and repealing the
existing section''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 15, Nays 25, Present and Passing 0, Absent or Not Voting
0.
Yeas: Bleeker, Brownlee, Clark, Donovan, Harrington, Huelskamp, Jordan, Kerr,
Lawrence, Pugh, Ranson, Salmans, Tyson, Umbarger, Vratil.
Nays: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hardenburger, Hensley, Jones, Langworthy, Lee, Morris, Oleen, Petty, Praeger,
Salisbury, Steffes, Steineger, Stephens, Vidricksen.
The motion failed and the amendment was rejected.
The committee recommended SB 327 as amended by Senator Salisbury be passed as
amended.
HB 2929 be amended by adoption of the committee amendments, be further amended
by motion of Senator Emert as amended by Senate Committee, on page 1, in line 37, by
striking ``four'' and inserting ``two''; in line 40, after the period, by inserting ``One director
shall be a senior administrator at a Kansas community college and one director shall be a
senior administrator at a Kansas technical college.'', and HB 2929 be passed as further
amended.
HB 2582, 2727, 2832 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 327; HB 2011, 2592, 2596, 2600, 2646, 2648, 2670, 2696, 2780; S Sub for
HB 2879; HB 2929 were advanced to Final Action and roll call.
SB 327, An act repealing K.S.A. 1999 Supp. 75-6801; concerning state officers and
employees; relating to reductions in positions for state agencies based on retirements.
On roll call, the vote was: Yeas 24, Nays 16, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hardenburger, Hensley, Jones, Langworthy, Lee, Morris, Oleen, Petty, Praeger,
Salisbury, Steffes, Stephens, Vidricksen.
Nays: Bleeker, Brownlee, Clark, Donovan, Harrington, Huelskamp, Jordan, Kerr,
Lawrence, Pugh, Ranson, Salmans, Steineger, Tyson, Umbarger, Vratil.
The bill passed, as amended.
HB 2011, An act relating to sales taxation; exempting sales of certain business machinery
and equipment; concerning certain refunds; amending K.S.A.79-3609 and K.S.A. 1999 Supp.
79-3606 and repealing the existing sections.
On roll call, the vote was: Yeas 33, Nays 6, Present and Passing 1, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Steffes,
Stephens, Umbarger, Vidricksen, Vratil.
Nays: Lawrence, Pugh, Ranson, Salmans, Steineger, Tyson.
Present and Passing: Bleeker.
The bill passed, as amended.
EXPLANATION OF VOTE
I am voting in favor of HB 2011 that provides for an important economic incentive tool
for Kansas business. This bill is not perfect, but it is probably the best work product we can
develop to address these complex issues.
However, I understand that many Kansas businesses oppose a measure in this bill that
eliminates their tax refunds occasioned by the Johnson County Water District #1 Court of
Appeal's decision. I certainly understand that anyone would like an additional tax refund
but this is a refund that was unanticipated by business and unintended by the Legislature.
The responsibility of this Legislature in a difficult budget year is to attempt to fund
education, social services, and other governmental functions and we cannot afford this year
to provide gratuitous refunds that were unintended.--Dick Bond
Senators Feleciano, Harrington and Steffes request the record to show they concur with
the ``Explanation of Vote'' offered by Senator Bond on HB 2011.
HB 2592, An act concerning the Kansas arts commission; relating to terms of members;
affecting officer nomenclature; amending K.S.A. 74-5202 and 74-5204 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 2596, An act concerning counterfeiting; relating to criminal penalties; concerning
civil forfeiture; amending K.S.A. 60-4104, 60-4105 and 60-4116 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 2600, An act concerning jurors; relating to exclusions; amending K.S.A. 43-159 and
K.S.A. 1999 Supp. 43-158 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 2646, An act concerning cities and counties; relating to planning and zoning;
amending K.S.A. 1999 Supp. 12-757 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, as amended.
HB 2648, An act concerning unclaimed property; amending K.S.A. 58-3955, 58-3956,
58-3965 and 58-3968 and K.S.A. 1999 Supp. 58-3934, 58-3935 and 58-3952 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, as amended.
HB 2670, An act concerning cigarettes and tobacco products; relating to the regulation
of the sales thereof; amending K.S.A. 79-3301, 79-3302 and 79-3321 and K.S.A. 1999 Supp.
79-3322 and 79-3391 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, as amended.
HB 2696, An act concerning the emergency medical services board; relating to the
powers and duties thereof; relating to attendants, instructor-coordinators and training
officers; amending K.S.A. 65-6128 and K.S.A. 1999 Supp. 65-6129, 65-6129b and 65-6129c
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, as amended.
HB 2780, An act establishing a task force on long-term care services to study services
provided by the public and private sector to citizens of the state and laws and rules and
regulations relating to such services.
On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp, Tyson.
The bill passed, as amended.
S Sub for HB 2879, An act concerning electronic transactions; enacting the uniform
electronic transactions act; repealing K.S.A. 1999 Supp. 60-2616.
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 2929, An act relating to Kansas technology enterprise corporation; concerning senior
administrators; amending K.S.A. 1999 Supp. 74-8101 and repealing the existing section.
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, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Donovan, Pugh, Salisbury.
The bill passed, as amended.
CHANGE OF REFERENCE
The President withdrew HB 2561 from the Committee on Financial Institutions &
Insurance (separately), and referred the bill to the calendar under the heading of General
Orders.
The President withdrew HB 2676 from the Committee on Financial Institutions &
Insurance, and referred the bill to the Committee on Ways and Means.
The President withdrew HB 2799, 2801, 2899 from the Committee on Education, and
referred the bills to the Committee on Ways and Means.
On motion of Senator Emert the Senate adjourned until 9:30 a.m., Thursday, March 23,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.