The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Lawrence was excused.
President Bond introduced as guest chaplain, Rev. John De Veaux, Jr., Pastor, St. John's
A.M.E. Church, Topeka, who delivered the invocation:
Gracious God, in Whom we put our trust, we pause to praise Thee for Thy unfailing
Presence by which we are sustained in life and even in eternity. We thank Thee that
Thou hast created us to be Thy sons and daughters and that, relying on thy love, we
can understand and strive to attain peace and harmony, justice and prosperity, equal-
ity and love for all who are citizens of this great State.
Bless these who have been chosen by their constituents to represent them. Give to
them vision wider than any selfishness on behalf of only those who elected them;
prevent them from falling prey to any sicknesses which sometimes come with power;
keep their hearts filled with the desire to always decide in favor of that which is for
all of the people; and, in their deliberations, call them to think of what is true,
honorable, just, pure, lovely, and gracious.
Let these Thy servants be blessings to this State. Let this State be a blessing to the
nation, and let this nation be a blessing to the world. Our faith and hope is in Thee.
All this we ask in the Name of Love, which is Thy best name for us. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 594, An act concerning agricultural corporations; relating to swine production facili-
ties; amending K.S.A. 1997 Supp. 17-5903 and 17-5904 and repealing the existing sections,
by Senator Biggs.
SB 595, An act concerning the uniform controlled substances act; relating to unlawful
acts; amending K.S.A. 1997 Supp. 65-4111, 65-4113, 65-4160, 65-4161, 65-4162 and 65-
4163 and repealing the existing sections, by Committee on Judiciary.
SB 596, An act concerning the attorney general; relating to appointment of additional
assistant attorney general; child abuse or neglect, by Committee on Judiciary.
SB 597, An act concerning crimes and criminal procedure; relating to preliminary ex-
amination; victims of domestic violence; amending K.S.A. 22-2902 and repealing the existing
section, by Committee on Judiciary.
SB 598, An act concerning crimes and punishment; relating to children; endangering a
child and abuse of a child; amending K.S.A. 21-3608 and 21-3609 and repealing the existing
sections, by Committee on Judiciary.
SB 599, An act concerning courts; relating to collection of debts owed thereto; attorney
general; amending K.S.A. 75-719 and repealing the existing section, by Committee on
Judiciary.
SB 600, An act concerning crimes, criminal procedure and punishment; relating to lim-
itation of actions; motions attacking sentence; amending K.S.A. 60-514 and 60-1507 and
repealing the existing sections, by Committee on Judiciary.
SB 601, An act relating to sales taxation; exempting purchases of certain motion picture
and television production companies therefrom; developing certain policies and procedures;
amending K.S.A. 79-3606 and repealing the existing section, by Senator Vidricksen.
SB 602, An act relating to counties; prohibiting the levy of a severance tax; amending
K.S.A. 1997 Supp. 19-101a and repealing the existing section, by Committee on Assessment
and Taxation.
SB 603, An act relating to severance taxation; providing for exemptions therefrom;
amending K.S.A. 79-4217 and repealing the existing section, by Committee on Assessment
and Taxation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Education: SB 590, 591.
Elections and Local Government: SB 585.
Federal and State Affairs: SB 586.
Financial Institutions & Insurance: HB 2636.
Judiciary: SB 587, 588, 592, 593.
Utilities: SB 589; SCR 1616.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS TECHNOLOGY ENTERPRISE CORPORATION
February 3, 1998
Richard A. Bendis, President, The Kansas Technology Enterprise Corporation, submitted
the 1997 Annual Report in accordance with K.S.A. 74-8111.
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 2590, 2635, 2731.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2590, 2635, 2731 were thereupon introduced and read by title.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointments, submitted by the Gov-
ernor to the senate for confirmation, were considered.
Senator Emert moved the following appointments be confirmed as recommended by the
Standing Senate Committees:
On the appointment to the:
Kansas Board of Regents:
Murray D. Lull, term expires January 15, 2002
The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.
SB 472, 473; HB 2639 having appeared on the Consent Calendar for the required two
full legislative days without objection from any member, were considered on final action.
SB 472, An act concerning limited liability companies; relating to formation; articles of
organization; dissolution; amending K.S.A. 17-7605, 17-7607 and 17-7622 and repealing the
existing sections.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 2639, An act concerning insurance; schedule of fees and taxes for insurance com-
panies and fraternal benefit societies; amending K.S.A. 1997 Supp. 40-252 and repealing
the existing section.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
An objection having been made to SB 429 appearing on the Consent Calendar, the
President directed the bill be removed and placed on the calendar under the heading of
``General Orders''.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 388, An act concerning school district food service programs; authorizing boards of
education to enter into certain contracts with municipalities; amending K.S.A. 1997 Supp.
72-5126 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 399, An act concerning persons in the custody of the secretary of corrections providing
certain services to Kansas soldiers' home and Kansas veterans' home; exemption from certain
requirements; amending K.S.A. 1997 Supp. 39-970 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
SB 410, An act concerning the commission on governmental standards and conduct;
relating to powers and duties thereof; amending K.S.A. 25-4158 and 46-260 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Mr. President: SB 410 is a bi-partisan effort toward repairing our damaged campaign
finance system by putting teeth into our state's ethics commission.
Under current law, any person or committee receiving notice has 30 days in which to
respond before a subpoena can be issued. Within this 30-day ``window of opportunity''
records can be destroyed or created, witnesses can change their story, and many other kinds
of deception can occur. This bill will effectively eliminate the 30-day rule from the law.
Full subpoena power is long overdue. When the state agency that regulates pest control
in our state has full subpoena power and the ethics commission does not, we are not serious
about campaign finance reform.
We call upon the Kansas House leadership to keep the subpoena power issue separate
from all other campaign finance reform measures. Let this bill stand alone and not be diluted
or complicated as part of a larger bill. If we do nothing else this session on campaign finance
reform, we must enact SB 410.--Anthony Hensley and Janis Lee
SB 416, An act concerning economic development; expanding the availability of certain
investment incentives; amending K.S.A. 79-32,153, 79-32,154, 79-32,160a, 79-32,195 and
79-32,196 and K.S.A. 1997 Supp. 40-2813, 74-50,114 and 74-50,132 and repealing the ex-
isting sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
SB 446, An act concerning school districts; relating to the duration of short-term sus-
pensions of pupils from school; amending K.S.A. 1997 Supp. 72-8902 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 34, nays 5, present and passing 0; absent or not voting 1.
Mr. President: I did support the legislation in SB 446, except when there was an
attempt made to consider the student was rejected, caused me to take a second look at the
bill. SB 446 does not allow for an alternative program for a student in a ten day suspension
and I think that's too long a period to take a behaviorable problem out of a learning envi-
ronment.
Therefore I vote no on SB 446.--Sherman Jones
Mr. President: I vote ``NO'' on SB 446.
While I understand the advisability of allowing a suspension of up to ten days, I cannot
support this bill when the school is allowed the option of simply putting the student ``out
on the street''.
A student who is given a ten day suspension is a troubled student, and most likely will
only fall further behind by missing ten days of classes. We are causing more problems and
costs for society in the long term than we are solving with SB 446. Alternative programs
are a must for these students.--Janis Lee
Senator Gooch requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Lee on SB 446.
SB 486, An act concerning gaming; relating to the powers and duties of certain employees
of the state gaming agency; amending K.S.A. 1997 Supp. 74-9804 and 74-9806 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 35, nays 4, present and passing 0; absent or not voting 1.
Mr. President: I will vote NO on SB 500 because it turns its back on Kansans who
need tax relief the most.
This year Kansas is blessed with a substantial surplus in the state treasury and an economy
so strong that unemployment is at an 18-year low. This is a year we should think first of
those Kansans who need tax relief the most and not place those needy Kansans behind the
more fortunate in our state.
I vote NO on this bill, and I hope the House does better work so we'll end up with a new
tax law that is fair to all Kansans.--Jim Barone
Senator Gooch requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Barone on SB 500.
Mr. President: Kansas is a land of diverse geography and diverse people, but despite
these differences in the land and people we represent, when I look at the beneficiaries of
the tax relief measure in SB 500, I find it impossible to understand how the needs of those
I represent could be so different from the needs of those represented by the supporters of
this bill.
How is it that people in towns like Sedgwick and Hesston tell me that a food sales tax
reduction would help so many people in their town? And yet, they don't tell you. How is it
that young working couples in Newton tell me that they need that increase in the standard
deduction and they don't tell you. Why do my neighbors, a school bus driver and a factory
worker, plead the importance of an earned income tax credit to their family and they don't
tell you.
Have the supporters of this bill not heard these voices--or are they just not listening?
I vote no. I must see tax relief that reflects the needs of more of my constituents.--
Christine Downey
Mr. President: With great reluctance I am casting my vote for SB 500. I believe that
it is important that we offer the people of Kansas a comprehensive tax cut package that
helps all Kansans. The inheritance tax cut and the increase in personal exemptions are
important to Kansans. However I believe that we could have done better. We could have
offered a reduction in the sales tax on food. We could have offered an increase in the
standard deduction to complement the increase in personal exemptionsincluded in SB 500.
We could have included the Governor's proposal for an earned income tax credit that would
benefit low income Kansans and help them to stay off of welfare.
I am casting my YES vote for SB 500 with great reluctance and it is my hope that our
peers in the House of Representatives will include a reduction in the food tax, an increase
in the standard deduction, and an earned income tax credit when they discuss the issues of
this bill.--Paul Feleciano, Jr.
Mr. President: This is not the year to say ``no'' to an earned income tax credit that helps
low income working Kansans but say ``yes'' to a much larger cut in the Kansas inheritance
tax than is necessary.
This is not the year to say ``no'' to an increase in the standard deduction used by two-
thirds of Kansas individual income taxpayers but say ``yes'' to tax breaks on business ma-
chinery and equipment that will provide the greatest tax relief to the largest corporations
in this state.
This is not the year to say ``no'' to a $58 million reduction in the sales tax on food--a
regressive tax on those who can least afford to pay it--but say ``yes'' to spending $50 million
on increasing the personal exemption even for the wealthiest in this state.
This bill is sadly misguided. It provides tax cuts to wealthier Kansans at the expense of
working families and individuals living on fixed incomes. I cannot support this bill in its
present form. I call upon the Kansas House to do a better, fairer, and more bi-partisan job
of providing tax relief for those Kansans who are left out of this bill.
I vote NO.--Anthony Hensley
Senator Biggs and Gilstrap request the record to show they concur with the ``Explanation
of Vote'' offered by Senator Hensley on SB 500.
Mr. President: According to the latest U.S. Census figures available, the state of Kansas
has the highest tax burden per capita in this region. We have approximately an 8% larger
tax burden than Nebraska, an 11% heavier tax burden than Oklahoma, a 14% greater burden
than Missouri, and a tremendous 23% greater tax burden than Colorado. And even if this
tax cut is signed into law, Mr. President, Kansas will remain the high-tax state in this region.
I fully support this tax cut bill; it is a step in the right direction; it is real tax relief; and is
long overdue. However, there is much more work to be done in reducing our tax burden
in Kansas. I look forward to the day when Kansas citizens, Kansas businesses and Kansas
families can live under the lower-tax environments of our neighboring states. Thank
you.--Tim Huelskamp
Senator Jordan requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Huelskamp on SB 500.
Mr. President: Any tax relief legislation that goes out of this Chamber that does not
include the working poor, children and other less fortunate, I cannot support. I therefore
Vote No on SB 500.--Sherman Jones
Mr. President: I would like to vote ``No'' on SB 500 and I would like to explain my
vote.
The bill we have before us does not provide the uniform and fair tax reduction for all
Kansans. We have the opportunity to implement a better tax law in 1998. Unfortunately,
the bill was developed in such a manner that it did not afford input by the full Senate. This
leaves the Senate in the position of allowing the House to direct the tax policy for Kansas
for the next few years.
I think the bill has many positive points, but, it was rushed to the floor too quickly without
consideration of both the input from the public and certainly input from all members of the
Tax Committee.
For those reasons I feel it is necessary to cast a ``No'' vote for SB 500.--Gerald ``Jerry''
Karr
Mr. President I proudly vote ``Aye'' on SB 500 which reduces the tax burden on
Kansans by approximately $180 million in 1999 and over $200 million thereafter. This bill
will reduce taxes for all taxpayers, but will reduce the taxes on low and moderate income
Kansans by a greater percentage than on the wealthiest Kansans. This is as it should be.--
Dave Kerr
Senators Ranson and Salmans request the record to show they concur with the ``Expla-
nation of Vote'' offered by Senator Kerr on SB 500.
Mr. President: Increasing the personal exemption as proposed by SB 500 is good tax
policy, but not when at the same time we fail to increase the standard deduction that more
than two-thirds of Kansans each year, and not when at the same time we fail to enact an
earned income tax credit to help the working poor pay their bills and stay off welfare.
Reducing the Kansas inheritance tax is good tax policy, but not the plan that is contained
in SB 500. The alternative plan, which would allow children to inherit $1 million each
without taxes and siblings to inherit $100,000 without tax and leaving $36 million to be used
for more needed tax cuts in other areas is a much more judicious plan.
Cutting taxes on machinery and equipment to help Kansas employers be more competitive
with our surrounding states is good tax policy, but not when at the same time we deny our
people a reduction in sales tax on food--a tax which has been reduced or eliminated by
most of our surrounding states.
SB 500 may contain good tax policy, but not when at the same time we could have had
better tax policy by adopting the amendment offered during yesterday's floor debate.
Reluctantly, I vote ``NO,'' and wait for a more bipartisan balanced package to be devel-
oped by the House.--Janis Lee
Senator Goodwin requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Lee on SB 500.
Mr. President: Unfortunately, not all of life is fair. Fortunately, as elected officials, we
can pass legislation that will even the tables for all Kansans regardless of their economic
status. SB 500 fails to address the economic needs of the majority of Kansans.
Today's vote is only the opening round in this year's war for tax fairness. Today we lost
the battle for average Kansans. 1.2 million Kansans filed tax returns last year and 1.2 million
Kansans will not see an increase in the standard deduction. A majority in this chamber have
also said no to an earned income tax credit and a substantial reduction in the sales tax on
groceries.
To quote yesterday's editorial in the Kansas City Star, ``Senate Republicans tend to favor
higher income taxpayers while the Governor and the rest of the legislature want more breaks
for average Kansans.''
For the next battle, I will wait to join forces with the rest of the Legislature and the
Governor.
I vote no on SB 500.--Marge Petty
Mr. President: I am disappointed that SB 500 does not include the Governor's earned
income tax credit, nor does it contain proposals for a reduction in the sales tax on food or
the Governor's increase in the food sales tax rebate program.
These are tax cuts that work to help low income families get off and stay off of welfare.
I vote NO.--Chris Steineger
Mr. President: It is with much satisfaction that I vote for SB 500 that I and my col-
leagues have worked so hard and long to bring to reality.
This needed tax cut returns some of our state windfall back to where it belongs, to our
burdened state taxpayer and the Kansas family.
This small relief is just a start, this year, to working toward my objective of a smaller and
smarter government.--Robert Tyson
REPORTS OF STANDING COMMITTEES
Committee on Energy and Natural Resources recommends SB 476, 477 be passed
and, because the committee is of the opinion that the bills are of a noncontroversial nature,
be placed on the consent calendar.
Committee on Financial Institutions and Insurance recommends SB 494 be
amended on page 2, in line 40, by striking ``to reduce future assessments or''; by striking all
of lines 42 and 43;
On page 3, by striking lines 1 to 8, inclusive; in line 9, by striking ``(f)'' and inserting ``(e)'';
in line 28, following ``after'' by inserting ``July 1, 1999, and''; and the bill be passed as
amended.