March 3, 1999
Journal of the Senate
THIRTY-SIXTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, March 3, 1999--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Its been centuries since You walked the earth
As a Nazarene.
But the Holy Spirit in our day
Makes sure that You are seen.
We've seen a Spirit-driven mother
Work hard to rear her child
To serve all those in need of help
By going the second mile.
We've seen a Spirit-driven father
Spend lots of precious time
Challenging his beloved son
With mountains he must climb.
We've seen a legislator
With Spirit-driven words
Speak out for needy people
Whose voices can't be heard.
Thank You for revealing, Lord,
It's through people Spirit-filled
That foundations can be laid
On which You then can build.
I pray in Jesus' Name
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: HB 2380.
Education: SB 345; HB 2357.
Elections and Local Government: HB 2310, 2339, 2429.
Energy and Natural Resources: HB 2289, 2492.
Judiciary: HB 2259.
Public Health and Welfare: HB 2227.
Ways and Means: HB 2479.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2230.
Also, rejection of SCR 1601.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2230 was thereupon introduced and read by title.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
SB 4, An act concerning expungement; arrest records; amending K.S.A. 1998 Supp. 12-
4516, 12-4516a, 21-4619 and 22-2410 and repealing the existing sections, 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.
SB 6, An act concerning alcoholic beverages; relating to the regulation thereof; amending
K.S.A. 41-330, 41-2610 and 41-2623 and K.S.A. 1998 Supp. 41-311 and 41-719 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Goodwin,
Hardenburger, Harrington, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Petty, Praeger, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Barone, Downey, Feleciano, Gilstrap, Gooch, Hensley, Huelskamp, Pugh, Ranson.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I must vote ``NO'' on SB 6 because I believe this is a bill that
discriminates against a certain group of businesses.
I ask a simple question, ``Why not treat all businesses in Kansas alike? Why not put
everyone in Kansas out of business if they are not current with all of their tax obligations to
the State.''
When we do that, I'll consider legislation, but I cannot support legislation that
discriminates against one segment of our Kansas business community.--Jim Barone
Senator Hensley requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Barone on SB 6.
Mr. President: SB 6 merely says pay your taxes if you are going to have a liquor license
in Kansas. Liquor licensees occupy state-created monopoly niches in our marketplace. Those
niches are created and protected by state law. Unlike doctors, cosmetologists or CPAs they
have not earned their licenses through years of education and training-they have simply
made application and paid the fee. How can anyone defend the actions of those to whom
we've granted this very special status when they fail to pay tax that is due? Such defense is
an insult to every other merchant in the state who faithfully remits taxes they have collected
from their customers.
I vote ``yes'' on SB 6.--Lana Oleen
SB 119, An act concerning the Kansas code for care of children; relating to post-termination
dispositional alternatives following voluntary relinquishment of parental rights, was
considered on final action.
On roll call, the vote was: Yeas 33, nays 7, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Donovan, Downey, Emert,
Feleciano, Gooch, Goodwin, Hardenburger, Hensley, Huelskamp, Jones, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Steffes, Steineger,
Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Clark, Gilstrap, Harrington, Jordan, Salmans, Tyson.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I vote no on SB 119. This bill leaves the jurisdiction with the judge
until the child reaches the age of majority. This leaves a great deal of uncertainty for the
adoptive parents for many years. This uncertainty for the parents is painful and
inappropriate.--Karin Brownlee
SB 131, An act concerning crimes, criminal procedure and punishment; prescribing
certain penalties; amending K.S.A. 21-3503, 21-3504, 21-3505, 21-3510, 21-3520, 21-3705
and 21-4605 and K.S.A. 1998 Supp. 8-262, 8-287, 21-3402, 21-3810, 21-4603d, 21-4704,
21-4706, 22-3717, 22-4902 and 75-5217 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes,
Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Feleciano, Gooch, Harrington, Huelskamp.
The bill passed, as amended.
SB 156, An act authorizing the Kansas department of wildlife and parks to exceed
established expenditure limitations for compliance with federal aid expenditure
requirements, was considered on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, 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, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Clark, Huelskamp, Salmans, Tyson.
The bill passed.
SB 316, An act concerning wildlife and parks; relating to certain permits and licensees
and fees therefor; amending K.S.A. 32-901 and 32-919 and K.S.A. 1998 Supp. 32-906 and
32-988 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 23, nays 16, present and passing 1; absent or not voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Hardenburger, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Steffes, Vidricksen, Vratil.
Nays: Barone, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp,
Jones, Jordan, Petty, Salmans, Steineger, Stephens, Tyson, Umbarger.
Present and passing: Downey.
The bill passed.
SB 319, An act concerning counties; relating to the enforcement of county resolutions;
amending K.S.A. 20-310a and K.S.A. 1998 Supp. 19-101d and 19-4707 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, 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, as amended.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 226 be amended in line 13,
before ``so'' by inserting ``or ordinance''; in line 15, by striking ``may be'' and inserting
``requires''; also, in line 15, by striking ``is to'' and inserting ``may''; in line 18, by striking all
after ``of''; in line 19, by striking all before the period and inserting ``:(1) New improvements
to real property;
(2) increased personal property valuation, other than increased valuation of oil and gas
leaseholds and mobile homes;
(3) property located within added jurisdictional territory; and
(4) property which has changed in use''; in line 22, by striking all after ``to''; in line 23,
by striking all before the period and inserting ``revenue received from property tax levied:
(1) Pursuant to the provisions of K.S.A. 1998 Supp. 72-6431, and amendments thereto; and
(2) for the sole purpose of repayment of the principal of and interest upon bonded
indebtedness'' and the bill be passed as amended.
Committee on Ways and Means recommends SB 157 be passed.
REPORT ON ENGROSSED BILLS
SB 4, 6, 119, 131, 319 reported correctly engrossed March 3, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 4,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.