February 26, 1999
Journal of the Senate
THIRTY-FOURTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, February 26, 1999--9:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-eight senators present.
Senators Harrington and Oleen were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
I remember that Jesus said, ``Come to me, all you who are weary and burdened,
and I will give you rest.'' Matthew 11:28
There are times during the session when I feel the need of a spiritual jump-start.
When I am worried, give me peace.
When I am frustrated, give me assurance.
When I am angry, give me patience.
When I am puzzled, give me insight.
When I am discouraged, give me encouragement.
When I am despondent, give me affirmation.
When I am tired, give me rest.
When I just don't feel good, give me healing.
When I'm having a pity party, crash my party.
Antibiotics, antidepressants, antiacids have their place, but there is no substitute
for Your presence.
I ask for Your treatment in the Name of Christ, the Great Physician,
AMEN
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 7, by Senator Dick Bond: a petition supporting a transportation bill to adequately
fund highway improvements for Kansas, including highway 69 and 54, signed by Mrs. Elma
F. Shaffer and 332 other Bourbon County residents.
SP 8, by Senator Dick Bond: a petition supporting legislation to eliminate the food sales
tax due to the hardship it imposes on senior citizens living on a low fixed income who must
decide between buying food or paying for prescription drugs, signed by Roger Elliott and
35 other Kingman County residents.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 343, An act concerning crimes, punishment and criminal procedure; relating to capital
murder; execution of death sentences; amending K.S.A. 22-4001, 22-4003, 22-4006, 22-
4009, 22-4011, 22-4012, 22-4013 and 22-4014 and repealing the existing sections; also
repealing K.S.A. 22-4015, by Committee on Federal and State Affairs.
SB 344, An act concerning school district finance; revising the definition of enrollment;
amending K.S.A. 1998 Supp. 72-6407 and repealing the existing section, by Committee on
Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: HB 2197.
Elections and Local Government: HB 2205.
Energy and Natural Resources: HB 2404.
Federal and State Affairs: SB 340; HB 2040.
Financial Institutions & Insurance: HB 2090.
Judiciary: SB 341; HB 2082, 2140, 2150, 2224.
Public Health & Welfare: HB 2074.
Transportation and Tourism: HB 2035, 2142.
Utilities: Sub. HB 2076; HB 2290.
Ways and Means: SB 342.
CHANGE OF REFERENCE
The President withdrew SB 281 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Agriculture.
The President withdrew SB 140, 146 from the Committee on Ways and Means, and
rereferred the bills to the Committee on Elections and Local Government.
The President withdrew SB 158, 172 from the Committee on Ways and Means, and
rereferred the bills to the Committee on Energy and Natural Resources.
The President withdrew SB 53, 204, 225, 261, 294, 295 from the Committee on Ways
and Means, and rereferred the bills to the Committee on Education.
The President withdrew SB 18, 99, 173, 226, 228, 242, 300 from the Committee on
Ways and Means, and rereferred the bills to the Committee on Assessment and Taxation.
The President withdrew SB 106 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Public Health and Welfare.
The President withdrew Sub SB 257 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Utilities.
The President withdrew SB 4, 119, 131, 168, 232 from the calendar under the heading
of General Orders, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 134 from the Committee on Transportation and Tourism,
and referred the bill to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2050, 2161, 2213, 2214, 2254, 2266, 2280, 2471.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2050, 2161, 2213, 2214, 2254, 2266, 2280, 2471 were thereupon introduced and
read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Oleen and Hardenburger introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1827--
A RESOLUTION congratulating and commending Manhattan Bluemont Elementary
School Toshiba ExploraVision contest winners.
WHEREAS, Four first grade students at Manhattan Bluemont Elementary School,
Jamon John, Phillip Kuehl, Benjamin Stark-Sachs and Margaret Thomas, were named as a
second place team in the 1998 Toshiba/National Science Teachers Association ExploraVision
Awards Program. Their sponsoring teacher was Cindy Garwick, and their community adviser
was John Garwick; and
WHEREAS, The students, with their parents and teacher, traveled to Washington, D.C.
on June 12 to the national award ceremony where each student received a $5,000 savings
bond as a part of their award. The team's sponsor and school received a Toshiba notebook
computer; and
WHEREAS, The ExploraVision program is a competition challenging students to
visualize technology 20 years in the future and propose a way to improve our lives. Five
thousand teams participated in the 1998 competition, and 48 teams were selected to receive
awards. The Manhattan students' idea came from being unable to open the door to their
classroom when their hands were full of books after a trip to the school library. Their idea
was to provide a device that could identify a person through the DNA found in one's hair.
In their proposal a pad is mounted next to a door. To open the door a person places the
back of the person's head against the pad, the pad scans the DNA in the person's hair, and
if there is a match of an authorized person, the door opens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Manhattan Bluemont Elementary School team winners in the 1998 Toshiba/National
Science Teachers Association ExploraVision Competition; and
Be it further resolved: That the Secretary of the Senate be directed to provide seven
enrolled copies of this resolution to Cindy Garwick, 1900 Lincoln Drive, Manhattan, Kansas
66502.
On emergency motion of Senator Hardenburger SR 1827 was adopted unanimously.
Senator Hardenburger introduced contest winners Margaret Thomas and Phillip Kuehl,
accompanied by their Teacher, Cindy Garwick and Team Advisor, John Garwick.
Senators Bond, Barone, Becker, Biggs, Bleeker, 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 and Vratil introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1828--
A RESOLUTION encouraging and supporting the Read Across America program
on March 2, 1999.
WHEREAS, The influence of television and pop culture plus the decline of the family
have led to children not being avid readers; and
WHEREAS, It is important for Kansas parents and schools to find ways to generate new
enthusiasm for reading; and
WHEREAS, The National Education Association and the Kansas National Education
Association are sponsors of a national program called Read Across America, such program
being designed to spark and rekindle children's interest in reading; and
WHEREAS, March 2 has been designated as ``Read Across America Day,'' such day
being the anniversary of Dr. Seuss' birthday; and
WHEREAS, March 2 will be a day dedicated to celebrating the joy of reading: Now,
therefore,
Be it resolved by the Senate of the State of Kansas: That we encourage and support the
initiative of Read Across America; and
Be it further resolved: That all Kansas citizens are encouraged to participate in the
activities of this program and to read to children at school, at the local public library and at
home on March 2; and
Be it further resolved: That the Secretary of the Senate be directed to send two enrolled
copies of this resolution to Gene Neely, President, Kansas National Education Association,
715 West 10th Avenue, Topeka, Kansas 66612.
On emergency motion of Senator Lawrence SR 1828 was adopted unanimously.
REPORT ON ENGROSSED BILLS
SB 78, 97, 110, 190, 207, 245 reported correctly engrossed February 26, 1999.
REPORT ON ENROLLED BILLS
SR 1824, 1825, 1826 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 26, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert the Senate resolved itself into the Committee of the Whole
for the consideration of bills on the calendar under the heading of General Orders with
Senator Morris in the chair.
On motion of Senator Morris the following report was adopted:
Recommended that the committee reports on Sub SB 260, Sub SB 271 recommending
substitute bills be adopted, and the substitute bills be passed.
SB 103, 150, 205, 244, 283 be amended by adoption of the committee amendments,
and the bills be passed as amended.
SB 203 be amended by adoption of the committee amendments, and further amended
by motion of Senator Emert on page 12, in line 30, by striking the second comma and
inserting ``or''; in line 31, by striking all after ``felony''; in line 32, by striking ``to self or
others'';, and the bill be passed as further amended.
SB 230 be amended by adoption of the committee amendments, and further amended
by motion of Senator Hardenburger on page 10, in line 28, before ``Wednesday'' by inserting
``second''., and the bill be passed as further amended.
SB 240 be amended by adoption of the committee amendments.
Senator Clark moved to amend the bill on page 1, in line 25, by striking ``:''; in line 16,
by striking ``(1) At'' and inserting ``at''; in line 27, by striking ``; or''; by striking all in line 28;
in line 29, by striking all before the period
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 16, nays 20, present and passing 0; absent or not voting
4.
Yeas: Barone, Bleeker, Clark, Donovan, Downey, Gooch, Hensley, Huelskamp, Jordan,
Lee, Petty, Salmans, Steineger, Stephens, Tyson, Umbarger.
Nays: Becker, Biggs, Bond, Brownlee, Corbin, Emert, Feleciano, Gilstrap, Goodwin,
Hardenburger, Jones, Kerr, Langworthy, Lawrence, Morris, Praeger, Ranson, Salisbury,
Steffes, Vratil.
Absent or not voting: Harrington, Oleen, Pugh, Vidricksen.
The motion failed and the amendment was rejected.
Senator Huelskamp moved to amend the bill on page 1, in line 27, after ``bank'' by
inserting ``in this state''; in line 29, after ``banks'' by inserting ``in this state''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 17, nays 20, present and passing 0; absent or not voting
3.
Yeas: Barone, Bleeker, Clark, Donovan, Downey, Gooch, Goodwin, Hensley, Huelskamp,
Lee, Morris, Petty, Salmans, Steineger, Stephens, Tyson, Umbarger.
Nays: Becker, Biggs, Bond, Brownlee, Corbin, Emert, Feleciano, Gilstrap, Hardenburger,
Jones, Jordan, Kerr, Langworthy, Lawrence, Praeger, Ranson, Salisbury, Steffes, Vidricksen,
Vratil.
Absent or not voting: Harrington, Oleen, Pugh.
The motion failed and the amendment was rejected.
The Committee recommended SB 240 be passed as amended by adoption of the
committee amendments.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 103, 150, 203, 205, 230, 240, 244; Sub SB 260, Sub SB 271; 283 were advanced
to Final Action and roll call.
SB 103, An act concerning juvenile offenders; relating to juvenile intake and assessment;
extended juvenile jurisdiction prosecution; juvenile offenders discharge from commitment;
definitions; extension of committee; amending K.S.A. 75-7023 and K.S.A. 1998 Supp. 38-
1604, 38-1624, 38-1636, 38-1640, 38-1663, as amended by section 8 of chapter 187 of the
1998 Session Laws of Kansas, 38-1675, 38-16,129, 46-2801 and 72-1113 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 150, An act concerning domestic relations; relating to divorce and maintenance;
parenting time; custody and residency; amending K.S.A. 20-164, 21-3422a, 23-601, 23-602,
23-701, 38-1302, 38-1309, 38- 1310, 38-1597, 60-1612, 60-1614, 60-1615, 60-1617 and 75-
720 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-1001, 23-1002, 38-1121, 38-1138,
38-1563, 38-1569, 38-1583, 38-1664, 38-16,119, 60-1607, 60-1610, 60-1616, 60-1620, 60-
1621, 60-3107 and 74-7334 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 203, An act concerning schools; relating to school safety and security; pupils,
prohibiting the withholding of records; amending K.S.A. 72-5386 and K.S.A. 1998 Supp.
38-1502, 38-1507, 38-1602, 38-1655, 72-89b02 and 72-89b03 and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 38-1502c and 38-1602a, was considered on final
action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 205, An act concerning healing arts; relating to licensure; convictions of certain crimes;
amending K.S.A. 1998 Supp. 65-2836 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 230, An act concerning election procedures; amending K.S.A. 25-433 and 25-3104
and K.S.A. 1998 Supp. 25-2309, 25-2316c and 25-3107 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 240, An act concerning the bank commissioner; relating to duties and qualifications;
amending K.S.A. 75-1304 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 24, nays 14, present and passing 0; absent or not voting
2.
Yeas: Becker, Biggs, Bond, Brownlee, Corbin, Donovan, Emert, Feleciano, Gilstrap,
Gooch, Goodwin, Hardenburger, Jones, Kerr, Langworthy, Lawrence, Lee, Praeger,
Ranson, Salisbury, Steffes, Steineger, Vidricksen, Vratil.
Nays: Barone, Bleeker, Clark, Downey, Hensley, Huelskamp, Jordan, Morris, Petty, Pugh,
Salmans, Stephens, Tyson, Umbarger.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
SB 244, An act concerning elections; relating to petitions; amending K.S.A. 25-3601 and
repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 36, nays 2, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Morris, Tyson.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
Sub SB 260, An act relating to the state banking board; transferring certain powers of
the board to the state bank commissioner; amending K.S.A. 9-802, 9-804, 9-812, 9-908, 9-
912, 9-1001, 9-1101a, 9-1107, 9-1127b, 9-1127c, 9-1127d, 9-1301, 9-1601, 9-1609, 9-1702,
9-1713, 9-1714, 9-1716, 9-1719, 9-1721, 9-1805, 9-1806, 9-1807, 9-2106 and 74-3005 and
K.S.A. 1998 Supp. 9-535, 9-539, 9-904, 9-1101, 9-1111, 9-1135, 9-1402, 9-1801, 9-1904, 9-
2107, 9-2108, 74-3004, 74-3006, 74-3007 and 74-3008 and repealing the existing sections;
also repealing K.S.A. 9-901b, was considered on final action.
On roll call, the vote was: Yeas 34, nays 4, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Downey, Huelskamp, Pugh, Tyson.
Absent or not voting: Harrington, Oleen.
The substitute bill passed.
Sub SB 271, An act transferring the duties of the consumer credit commissioner to the
state bank commissioner; creating a program of consumer credit affairs within the office of
the state bank commissioner; abolishing the office of the consumer credit commissioner;
amending K.S.A. 16a-2-302, 74-3005, 75-1308 and 75-3135 and K.S.A. 1998 Supp. 16a-1-
301, 74-3004 and 74-3006 and repealing the existing sections; also repealing K.S.A. 16-403
and 16-609, was considered on final action.
On roll call, the vote was: Yeas 34, nays 4, present and passing 0; absent or not voting 2.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Downey, Huelskamp, Pugh, Tyson.
Absent or not voting: Harrington, Oleen.
The substitute bill passed.
SB 283, An act concerning campaign finance; relating to the use of public funds;
amending K.S.A. 1998 Supp. 25-4169a and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 24, nays 14, present and passing 0; absent or not voting
2.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Morris, Petty, Steineger, Stephens.
Absent or not voting: Harrington, Oleen.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: SB 283 is a vaguely-worded bill that will place classroom and
government class activities under scrutiny for evidence of devious ``expressed advocacy.'' It
will effectively limit political information during campaigns and prevent full participation
by students and teachers who now must constantly check for adherence to ``equal access.''--
Christine Downey
Senators Barone, Feleciano, Goodwin, Hensley, Petty and Stephens request the record
to show they concur with the ``Explanation of Vote'' offered by Senator Downey on SB 283.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2362.
Also, adoption of HCR 5010.
Passage of SB 122.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2362; HCR 5010 were thereupon introduced and read by title.
On motion of Senator Emert, the Senate recessed until 1:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
CHANGE OF REFERENCE
The President withdrew SB 4, 119, 131, 168, 232 from the Committee on Ways and
Means and rereferred the bills to the calendar under the heading of General Orders.
REPORT ON ENGROSSED BILLS
SB 103, 205, 240, 244 reported correctly engrossed February 26, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 2,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.