March 29, 2000

Journal of the Senate

FIFTY-SIXTH DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, March 29, 2000--9:00 a.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 President Bond introduced as guest chaplain, Col. Harold D. Roller, U. S. Army
Combined Arms Center and Fort Leavenworth Command Chaplain, who delivered the
invocation.

     O God, by whose light we see and by whose provisions we live, we thank You once again
for the wonder of the seasons as we experience the warmth and new life of springtime. At
the opening of this Senate, we are grateful for the dedication and hard work of elected
officials and public servants. These dedicated persons form the very foundation of our
democratic way of life. Grant them wisdom, strength, and patience in the performance of
their duties. We would ask also, O Lord, that you increase the understanding of our citizenry.
May we all have a deeper appreciation for the essence of compromise, consensus, and open-
mindedness. Guide us all we pray from moment to moment, that in all things, at all times,
we might remember we are called to be persons of honor, serving each other. We pray this
trusting in You. Amen.

INTRODUCTION OF GUESTS
 In recognition of Armed Forces Appreciation Day, the Senate had several guests,
introduced by Senator Morris: Major General Gene Krase, Commander, 35th Infantry
Division, Kansas National Guard; Colonel Dan Opp and Captain Joe Wible, 931st Air
Refueling Group, McConnell AFB; Colonel Keith Osborn, 22nd Air Refueling Wing,
McConnell AFB; Fred Schwien and Andy Chandler, Governor's Military Affairs
Coordinating Council; and Colonel Pat Leake, 937th Combat Engineer Group, Fort Riley.

REFERRAL OF APPOINTMENTS
 The following appointment made by the Governor and submitted to the senate for
confirmation, was referred to Committee as indicated:

  Long-term Care Ombudsman, Matthew Hickam, effective upon the date of confirmation
by the Senate to serve a four-year term expiring January 15, 2004.

(Public Health and Welfare)
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF REVENUE
Property Valuation Division
  March 2000
   Mark Beck, Director, Property Valuation Division, Department of Revenue, submitted
the Division of Property Valuation Statistical Report of Property Assessment and Taxation.

   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 2721, 3042.

 Passage of SB 549.

 Also, passage of SB 481, as amended.

 The House concurs in Senate amendments to HB 2582.

 The House concurs in Senate amendments to HB 2938.

 The House adopts the conference committee report on SB 501.

 The House accedes to the request of the Senate for a conference on SB 79 and has
appointed Representatives Tomlinson, Myers and Phelps as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on House Substitute
SB 138 and has appointed Representatives Wilk, Horst and Sharp as conferees on the part
of the House.

 The House accedes to the request of the Senate for a conference on SB 366 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 388 and has
appointed Representatives Freeborn, Ray and Flora as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on SB 429 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 431 and has
appointed Representatives Holmes, O'Neal and Pauls as conferees on the part of the House.

 The House accedes to the request of the Senate for a conference on SB 462 and has
appointed Representatives Benlon, Powers and Findley as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 463 and has
appointed Representatives Benlon, Powers and Welshimer as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 465 and has
appointed Representatives Benlon, Powers and Welshimer as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 513 and has
appointed Representatives Boston, Geringer and Storm as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 541 and has
appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.

 The House accedes to the request of the Senate for a conference on SB 555 and has
appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.

 The House announces the appointment of Rep. Pauls to replace Rep. Larkin as a conferee
on HB 2561.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2721, 3042 were thereupon introduced and read by title.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 501, submits the following report:

      The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

      On page 1, in line 31, after ``Kansas'' by inserting ``agricultural'';

      On page 2, in line 3, by striking ``accepted by'' and inserting ``acceptable to''; in line 15,
after ``Kansas'' by inserting ``agricultural'';

      On page 6, by striking all in lines 12 through 15;

      On page 10, in line 1, by striking ``: (1)''; in line 3, by striking all after ``years''; by striking
all in line 4; in line 5, by striking all before the period;

      On page 11, in line 16, by striking all after the comma; by striking all in line 17; in line
18, by striking ``thereto,''; in line 19, after ``section'' by inserting ``and which shall be
recalculated on the first business day of each calendar year using the market rate then in
effect''; by striking all in lines 20 through 43;

      By striking all on pages 12 and 13;

      On page 14, by striking all in lines 1 through 25; by renumbering the remaining sections
accordingly;

      In the title, in line 14, by striking all after ``ACT''; in line 15, by striking all before
``enacting''; in line 19, after ``Kansas'' by inserting ``agricultural'';

                                                                                    \ And your committee on conference recommends the adoption of this report.

                                                                                    Dan Johnson

                                                                                    Sharon Schwartz

                                                                                    Galen Weiland
 Conferees on the part of House
                                                                                   

                                                                                    David R. Corbin

                                                                                    Stephan R. Morris

                                                                                    Donald E. Biggs
 Conferees on part of Senate


   Senator Corbin moved the Senate adopt the Conference Committee Report on SB 501.

 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 Conference Committee report was adopted.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Lee introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1833--

A  RESOLUTION congratulating and commending the Claflin High School football team
and Coach Gregg Webb for winning the 1999 Class 2-1A State Football Championship.
      WHEREAS,  The Claflin High School football team won the 1999 Kansas State High
School Activities Association Class 2-1A State Football Championship on November 20,
1999, at Hays; and

      WHEREAS,  Claflin won the state championship with a thrilling 52-34 victory over St.
Mary's-Colgan High School in the state championship game; and

      WHEREAS,  With this victory, the Claflin ``Wildcats'' won their third consecutive state
championship and 39 consecutive games under Coach Webb. The team is clearly the
dominant team of its class having 111 wins and five state championships during the 1990's.
Since the beginning of state playoffs in 1969, no other 11-man football team has won three
consecutive championships or had as long a winning streak; and

      WHEREAS,  The members of this outstanding football team have received statewide
recognition for their fine sportsmanship and athletic abilities; and

      WHEREAS,  The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That the Claflin High School football
team and Coach Webb be congratulated and commended for winning the 1999 Kansas State
High School Activities Association Class 2-1A State Football Championship; and

      Be it further resolved: That the Secretary of the Senate be directed to send 50 enrolled
copies of this resolution to Larry W. Nelson, Superintendent, Claflin U.S.D. 354, P.O Box
346, Claflin, Kansas 67525-0346 for distribution to the principal, coaches and football players
of Claflin high School.

 On emergency motion of Senator Lee SR 1833 was adopted unanimously.

COMMITTEE OF THE WHOLE
 On motion of Senator Emert, the Senate resolved itself into Committee of the Whole,
for the consideration of bills on the calendar under the heading of General Orders with
Senator Steffes in the chair.

 On motion of Senator Steffes the following report was adopted.

   Recommended SB 589; HB 3009 be passed.

 HB 2570, 3005 be amended by adoption of the committee amendments, and the bills
be passed as amended.

 HCR 5070 be amended by adoption of the committee amendments, and the resolution
be adopted as amended.

 SB 639 be amended by adoption of the committee amendments, be further amended by
motion of Senator Huelskamp, as amended by Senate Committee, on page 165, after line
8, by inserting the following:

 ``Sec. 73. (a) On July 1, 2000, all positions of officers or employees of each state agency
named in this act or in chapter 132 of the 1999 Session Laws of Kansas that are vacant as
of March 1, 2000, and that have been vacant for a continuous period of 36 months or more,
as determined by the director of the budget in consultation with the director of personnel
services, are hereby abolished and no moneys appropriated for any such state agency for
the fiscal year ending June 30, 2001, from the state general fund or any special revenue
fund by chapter 132 or 160 of the 1999 Session Laws of Kansas or by this or other
appropriation act of the 2000 regular session of the legislature, shall be expended for any
such abolished position.

 (b) On July 1, 2000, the position limitations established by section 22 of chapter 132 of
the 1999 Session Laws of Kansas, as amended by chapter 160 of the 1999 Session Laws of
Kansas or by this or other appropriation act of the 2000 regular session of the legislature,
as established by this or other appropriation act of the 2000 regular session of the legislature,
or as established by the state finance council on the number of full-time and regular part-
time positions equated to full-time for the fiscal year ending June 30, 2001, for the state
agencies for which such position limitations are established and for which positions are
abolished under subsection (a), are hereby decreased accordingly for each such agency by
the full-time equivalent number of such abolished positions.'';

 And by renumbering sections accordingly.

 The following amendments offered to SB 639 were rejected:

 Senator Oleen moved to amend the bill, as amended by Senate Committee, on page 33,
in line 5, by adding $208,697 to the dollar amount in line 5 and by adjusting the dollar
amount in line 5 accordingly;

 On page 161, in line 20, by adding 4.0 to the number in line 20 and by adjusting the
number in line 20 accordingly;

 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, Becker, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Jones, Lee, Oleen, Steineger, Stephens, Vidricksen.

 Nays: Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vratil.

 The motion failed and the amendment was rejected.

 Senator Ranson moved to amend the bill, as amended by Senate Committee, on page 88,
by striking all in lines 19 through 30.

 The Committee recommended SB 639 be passed as further amended.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 589, 639; HB 2570, 3005, 3009; HCR 5070 were advanced to Final Action and
roll call.

 SB 589, An act concerning civil procedure; relating to worthless checks; amending K.S.A.
60-2611 and K.S.A. 1999 Supp. 60-2610 and repealing the existing sections.

 On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, 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, Tyson, Umbarger,
Vidricksen, Vratil.

 Nays: Biggs, Stephens.

 The bill passed.

 SB 639, An act making and concerning appropriations for the fiscal years ending June
30, 2001, and June 30, 2002, for state agencies; authorizing certain transfers, capital
improvement projects and fees, imposing certain restrictions and limitations, and directing
or authorizing certain receipts, disbursements and acts incidental to the foregoing; amending
K.S.A. 79-2959 and 82a-953a, K.S.A. 1999 Supp. 79-2964 and 79-3425i and K.S.A. 1999
Supp. 79-34,147, as amended by section 73 of 2000 Senate Bill No. 39, and repealing the
existing sections.

 On roll call, the vote was: Yeas 24, Nays 16, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson,
Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.

 Nays: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Huelskamp, Jones, Lee, Petty, Pugh, Steineger, Stephens, Tyson.

 The bill passed, as amended.


EXPLANATION OF VOTE
 Mr. President: There are many portions of this budget I fully support. I appreciate the
time and effort which has gone into the building of this product.

 I have grave concerns over other portions of this budget and how it negatively affects my
district such as special education funding, funding for the developmentally disabled,
uncertain education funding, and the cut to my local units of governments.

 At this point in the process, I must vote no and trust my concerns will be addressed as
we move forward on the budget process.--Greta Goodwin

   Senators Lee and Steineger request the record to show they concur with the ``Explanation
of Vote'' offered by Senator Goodwin on SB 639.

   Mr. President: I vote NO on the FY 2001 budget contained in this bill, SB 639. This
bill is misguided and wrong.

 It is wrong to finance K-12 education on a ``contingency basis.'' This budget proposes
funding education with dollars that may or may not be there. It is wrong to inadequately
fund services for the frail and elderly and disabled Kansans. It is wrong to not increase
financial aid for college students when their tuition continues to increase. It is wrong to cut
demand transfers for local units of government, forcing them to cut services or increase
local property taxes. It is wrong to divert money from the state retirement system in order
to balance the budget.

 For the majority party to contend that this budget carries out our commitments to
education, the frail and elderly, and other vulnerable Kansans is simply not true. They will
say that we can shift money, make tentative promises, and call it responsible government.
I call it irresponsible government, and I will not vote for any budget that employs such
questionable tactics.--Anthony Hensley

   Senator Lee requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Hensley on SB 639.

   Mr. President: I vote yes on SB 639. With this $8.109 billion budget we keep our
commitments to K-12 education and to higher education. We have found some alternatives
to prison construction through establishment of three day reporting centers. We have
successfully restored the protected income levels for frail and elderly, the developmentally
disabled and the physically disabled. Optional medical services, some of which are not
optional at all, have been reinstated. We have funded $3 million for competitive grants for
local health departments for prevention-based early intervention programs. We have
continued funding of the 10-year comprehensive highway plan. All of this has been done
without increasing taxes and still we have stayed within the 7.5 percent ending balance
requirement of state law.--Dave Kerr

   Senators Becker, Bleeker, Emert, Jordan, Lawrence, Morris, Salisbury and Umbarger
request the record to show they concur with the ``Explanation of Vote'' offered by Senator
Kerr on SB 639.

 Mr. President: Our local school districts are crying out for additional funding in
increased base aid per pupil funding for K-12 public schools by $50 this year. Our social
service programs face tremendous shortfalls in this budget. Foster care is shorted $6 million.
Nursing facilities are shorted $11.16 million. Funding for programs that enable disabled
Kansans to remain in their communities are shorted $12.3 million. College students and
their families were hit with two separate tuition increases last year and no increases in
financial aid.

 This is a tight budget year. State revenues have not kept up with projections, and there
is belt tightening necessary. However, when discussions on additional revenues are dismissed
and millions in accounts receivable remain uncollected, I will not vote for a budget that so
clearly clashes with the basic priorities I share with the people in my district. Neither should
this budget be balanced on KPERS contributions or on revenues needed by cities and
counties.

 I will continue to insist that the state meet its responsibility to strengthen communities
and provide opportunity for all. Those are values shared by all Kansans, and those are values
that our Government should hold as well.--Marge Petty

   Senators Barone, Downey, Feleciano, Gilstrap, Gooch, Jones and Stephens request the
record to show they concur with the ``Explanation of Vote'' offered by Senator Petty on SB
639.

   Mr. President: I vote ``aye'' on SB 639, because I consider it a temporary budget, a
work in progress.

 It's true that prior to today there has not been a full debate on the spending priorities of
this body.

 There's a long way to go before we have a final budget for the year 2001. Perhaps between
now and the final budget we can consider priorities and options on funding and revenue
sources. I reserve judgement on how I will vote on the final omnibus budget.--Pat Ranson

   Senators Brownlee and Oleen request the record to show they concur with the
``Explanation of Vote'' offered by Senator Ranson on SB 639.

   HB 2570, An act concerning organization of public safety agencies; establishing the task
force on consolidation of public safety agencies.

 On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Bleeker, Bond, Brownlee, 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: Biggs, Clark, Huelskamp.

 The bill passed, as amended.

 HB 3005, An act concerning maternity centers and child care facilities; relating to
licensure thereof; amending K.S.A. 1999 Supp. 65-504 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.

 HB 3009, An act concerning the judicial council; relating to the publications fee fund;
authorizing certain fees and donations.

 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.

 HCR 5070, A CONCURRENT RESOLUTION urging the Kansas Department of
Agriculture, Kansas Department of Commerce and Housing, Kansas State Research and
Extension of the College of Agriculture, Kansas Cattlemen's Association, Kansas Farm
Bureau, Kansas Farmers Union, Kansas Pork Producers Council, Kansas Livestock
Association and the independent small locker plants to assist producers of beef, pork and
poultry to market their own products.

 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.

   On motion of Senator Emert, the Senate recessed until 2:00 p.m.

______
Afternoon Session


 The Senate met pursuant to recess with President Bond in the chair.

MESSAGE FROM THE HOUSE
 Announcing, the House nonconcurs in Senate amendments to Substitute HB 2144,
requests a conference and has appointed Reps. Freeborn, Ray and Minor as conferees on
the part of the House.

 The House nonconcurs in Senate amendments to Senate Substitute HB 2357, requests
a conference and has appointed Reps. Tanner, Empson and Helgerson as conferees on the
part of the House.

 The House nonconcurs in Senate amendments to HB 2727, requests a conference and
has appointed Reps. Freeborn, Ray and McClure as conferees on the part of the House.

 The House announces the appointment of Rep. McKinney to replace Rep. Flora as a
conferee on SB 388.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to Substitute for HB 2527, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed as Substitute for House Bill No.
2527, As Amended by Senate Committee, as follows:

      On page 1, in line 15, after ``1.'' by inserting ``(a)''; after line 17, by inserting the following:

      ``(b) The provisions of sections 1 through 7, and amendments thereto, shall be effective
on and after July 1, 2000.'';

      Also on page 1, in line 38, before ``part-'' by striking the comma;

      On page 4, in line 8, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';

      On page 5, in line 43, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';

      On page 9, in line 12, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';

                                                                                     And your committee on conference recommends the adoption of this report.

                                                                                    Stephen R. Morris

                                                                                    Dwayne Umbarger

                                                                                    Harry Stephens
 Conferees on the part of Senate
                                                                                   

                                                                                    Dan Johnson

                                                                                    Sharon Schwartz

                                                                                    Galen Weiland
 Conferees on part of House


   Senator Morris moved the Senate adopt the Conference Committee Report on HB 2527.

 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 Conference Committee report was adopted.

COMMITTEE OF THE WHOLE
 The Senate returned to Committee of the Whole for consideration of the bills on the
calendar under the heading of General Orders with Senator Steffes in the chair.

 On motion of Senator Steffes the following report for the afternoon session was adopted.

   Recommended HB 2501 be passed.

 HB 2772, 2805 be amended by adoption of the committee amendments, and the bills
be passed as amended.

 HCR 5063 be amended by motion of Senator Oleen on page 1, in line 26, by striking
``of excellence''; in line 38, by striking ``of excellence''; in line 43, by striking ``of excellence'';

      Also on page 1, in the title, in line 10, by striking ``of excellence in Kansas'', and HCR
5063 be adopted as amended.

 Sub for HB 2605 be amended by adoption of the committee amendments, be further
amended by motion of Senator Salisbury as amended by Senate Committee, on page 3, in
line 32, by striking ``state''; in line 33, by striking all before ``in'' and inserting ``department
of history and preservation'';

      On page 4, in line 2, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 25, in line 25, by striking ``state historical''; in line 26, by striking ``society'' and
inserting ``department of history and preservation''; in line 35, by striking ``state historical
society'' and inserting ``department of history and preservation'';

      On page 26, in line 13, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 38, in line 12, by striking ``state''; in line 13, by striking ``historical society''; also
in line 13, before ``determines'' by inserting ``department of history and preservation'';

      On page 39, in line 20, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 41, in line 13, by striking ``state historical society'' and inserting ``department of
history and preservation'';

      On page 43, in line 12, by striking ``state historical society'' and inserting ``department of
history and preservation''; in line 15, by striking ``state historical society'' and inserting
``department of history and preservation''; in line 16, by striking ``state historical society''
and inserting ``department of history and preservation'', and Sub for HB 2605 be passed
as further amended.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and HB 2501; Sub HB 2605; HB 2772, 2805; HCR 5063 were advanced to Final Action
and roll call.

   HB 2501, An act enacting the uniform principal and income act (1997); repealing K.S.A.
58-901, 58-902, 58-903, 58-904, 58-904a, 58-905, 58-906, 58-907, 58-909, 58-909a, 58-910,
58-911, 58-912, 58-914, 58-915, 58-916 and 58-917.

 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.

 Sub for HB 2605, An act creating a new state agency designated as the Kansas
department of history and preservation; transferring powers, duties and functions from the
not-for-profit Kansas state historical society, inc., to the new state agency; amending K.S.A.
12-17,104, 22a-232, 45-106, 45-116, 45-404, 45-405, 45-406, 58-2009, 58-2010, 58-4012,
64-106, 74-5402, 74-5406, 74-5408, 74-6614, 75-104, 75-1023, 75-2250, 75-2251, 75-2266,
75-2566, 75-2701, 75-2702, 75-2703, 75-2704, 75-2705, 75-2713, 75-2714, 75-2717, 75-
2718, 75-2719a, 75-2721, 75-2722, 75-2723, 75-2725, 75-2726, 75-2728, 75-2729, 75-2743,
75-2744, 75-2748, 75-2749, 75-2753, 75-3048, 75-3148, 75-3502, 75-3509, 76-2002d, 76-
2005a, 76-2005b, 76-2007, 76-2007a, 76-2007f, 76-2011, 76-2012, 76-2015, 76-2016, 76-
2017a, 76-2018, 76-2019, 76-2022, 76-2024, 76-2027, 76-2028, 76-2031, 76-2033, 76-2035,
76-2039, 76-2043, 76-2047, 76-2048, 76-2050, 76-2051, 76-2054, 76-2056, 77-138, 77-430
and 82a-326 and K.S.A. 1999 Supp. 12-120, 38-1506, 38-1607, 41-719, 45-412, 58-2011,
73-209, 74-9001, 74-9201 and 75-2935 and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 41-719a.

 On roll call, the vote was: Yeas 32, Nays 8, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Ranson, Salisbury, Steffes,
Steineger, Umbarger, Vidricksen, Vratil.

 Nays: Clark, Donovan, Huelskamp, Praeger, Pugh, Salmans, Stephens, Tyson.

 The substitute bill passed, as amended.

 HB 2772, An act concerning victims of crime, abuse, neglect or exploitation; relating to
restitution, compensation; investigations by the department of health and environment,
application of Kansas administrative procedures act; amending K.S.A. 19-4804 and K.S.A.
1999 Supp. 39-1411 and repealing the existing sections.

 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, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Pugh, Tyson.

 The bill passed, as amended.

 HB 2805, An act concerning crimes and punishment; relating to theft detection shielding
devices; relating to domestic battery; amending K.S.A.1999 Supp. 21-4704 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.

 HCR 5063, A CONCURRENT RESOLUTION supporting the establishment of a center
for the scientific study of medicinal plants.

 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.

MESSAGE FROM THE HOUSE
 The House nonconcurs in Senate amendments to Senate Substitute HB 2224, requests
a conference and has appointed Reps. O'Neal, Carmody and Pauls, as conferees on the part
of the House.

 The House announces the appointment of Rep. Kirk to replace Rep. Sharp as a conferee
on House Substitute SB 138.

ORIGINAL MOTION
 On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on Sub HB 2144.

 The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on S Sub for HB 2224.

 The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.

 On motion of Senator Lawrence, the Senate acceded to the request of the House for a
conference on S Sub for HB 2357.

 The President appointed Senators Lawrence, Umbarger and Downey and as conferees
on the part of the Senate.

 On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2727.

 The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

REPORTS OF STANDING COMMITTEES
 Committee on Ways and Means recommends HB 2603, as amended by House
Committee, be passed.

 Also HB 2996 be passed.

REPORT ON ENGROSSED BILLS
 SB 224, 517 reported correctly engrossed March 29, 2000.

 Also, SB 475, 501, 536, 642 correctly re-engrossed March 29, 2000.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, March 30,
2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.