April 2, 1999

Journal of the Senate

FIFTY-EIGHTH DAY
______
Senate Chamber, Topeka, Kansas
Friday, April 2, 1999--9:00 a.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,

         It's a holy day for Christians,

       The day our Savior died,

       Purchasing salvation

       For sinners far and wide.

         It was a gloomy Friday

       With its cross of wood,

       But He arose on Sunday

       And made that Friday good.

         Women journeyed to the graveyard

       With spices and perfume,

       But all they found when they arrived

       Was an empty tomb.

         People still are searching

       For Christ with much concern,

       But we won't see Him in person

       Till the day of His return.

         But His Spirit lives within those

       Who serve their fellow man.

       He's in the Rescue Mission

       Among the pots and pans.

         You'll find Him in the jail house

       Visiting prisoners there.

       He's praying for the patients

       In intensive care.

         You'll find Him preaching hope

       In a building with a steeple.

       You'll find Him in the State House,

       A public servant to the people.

         You'll find Christ where the people are

       In the street or sanctuary,

       But the one place you won't find Him

       Is in the cemetery.

         And for that I thank You, Father, in Jesus' Name,

         AMEN

PRESENTATION OF PETITIONS
 The following petitions were presented, read and filed:

   SP 18, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by Brad A. Kropf and 8 others
in Overland Park/Manhattan and surrounding areas.

 SP 19, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by Cecil L. Eyestone and 8
others in the Manhattan area.

 SP 20, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by David E. Schafer and 9
others in the Manhattan/Wamego area.

 SP 21, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by Corwin K. Seamans and
14 others in the Manhattan/Wamego area.

 SP 22, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by Susan O'Neill and 14 others
in the Manhattan area.

 SP 23, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by J. Lester Hooper and 17
others in the Manhattan area.

 SP 24, by Senator Lana Oleen: A petition opposing involvement by the State of Kansas
in expanded gambling as proposed in Senate Bill 329, signed by Rita Reid Smith and 8
others in the Manhattan area.

 SP 25, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by Bruce McKissick and 85 other citizens of
Kansas.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were referred to Committees as indicated:

   Agriculture: Sub HB 2527.

 Ways and Means: HB 2513.

MESSAGE FROM THE GOVERNOR
    April 1, 1999
  To the Senate of the State of Kansas:
   Submitted herewith for confirmation by the Senate are appointments made by me as
Governor of the State of Kansas as of April 1, 1999, pursuant to law.

                                                                                    Bill Graves

                                                                                    Governor


  Superintendent, Kansas Highway Patrol, Donald W. Brownlee, pursuant to the authority
vested in me by K.S.A. 74-2113, effective upon the date of confirmation by the Senate to
serve at the pleasure of the Governor.

  Kansas Racing and Gaming Commission, Robert Miller, pursuant to the authority vested in
me by K.S.A. 74-8803, effective upon the date of confirmation by the Senate to serve a four-
year term expiring January 15, 2003.

  Kansas Racing and Gaming Commission, Keith Palmer, pursuant to the authority vested in
me by K.S.A. 74-8803, effective upon the date of confirmation by the Senate to serve a four-
year term expiring January 15, 2003.

COMMUNICATIONS FROM STATE OFFICERS
    DEPARTMENT OF COMMERCE & HOUSING
  Business Development Division
    April 1, 1999


 Lt. Governor Gary Sherrer, submitted a copy of the Annual Report to the Governor and
the Legislature on the Kansas Enterprise Zone program as required by K.S.A. 74-50, 118(b).

   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.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Biggs, Clark, Huelskamp, Morris, Pugh, Salmans, Steffes and Stephens intro-
duced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1849--

    A  RESOLUTION celebrating the 150th anniversary of the California
gold rush across Kansas.


      WHEREAS,  On April 3, 1999, a wagon train with covered wagons, horses, mules, miners
and cowboys will gather on the banks of the Missouri River at Atchison to begin a six-month
trek to California covering 2020 miles; and

      WHEREAS,  These modern day pioneers will cross the plains of Kansas, the Rocky
Mountains of Colorado, and the deserts of Utah, Nevada and California; and

      WHEREAS,  This moving picture of history is in celebration of the 150th anniversary of
the California gold rush. Twenty-two Kansas communities along the original old west trails
to California will have the opportunity to experience the history of the 49ers and learn what
it took for our pioneers to move west in search of gold, to discover new territories and strive
to achieve the American dream; and

      WHEREAS,  The Kansas Senate recognizes this event as a reenactment of an important
part of history for all ages, particularly the youth of our state: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we recognize and commend
Russell M. Leger of Plattsmouth, Nebraska, as the wagon master and trail boss for the
California gold rush wagon train and for his deep love and respect for the pioneer heritage
that built our state and nation. We further recognize and commend Janet E. Blue as a
member of the Rotary Club coordinating team for the historic 150th California gold rush
celebration events in Valley Falls over the Easter weekend; and

      Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Senator Biggs.

 On emergency motion of Senator Biggs SR 1849 was adopted unanimously.

 Senator Biggs introduced and welcomed wagon master and trail boss Russell M. Leger,
Plattsmouth, Nebraska; Janet E. Blue, a member of the Rotary Club coordinating team,
Valley Falls, Kansas and Lois McDonald, Public Relations.

   Senator Barone introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1850--

    A  RESOLUTION congratulating and commending Dr. Robert V. Haderlein for his many
years of service to public education in Kansas.


      WHEREAS,  Dr. Robert V. Haderlein, a Girard dentist, has devoted a lifetime of service
to public education in Kansas; and

      WHEREAS,  Dr. Haderlein has been a member of the Board of Education of USD 248,
Girard, since 1957 and has served as president on more than 10 occasions. He was instru-
mental in establishing the Southeast Kansas Education Service Center, referred to as
``Greenbush,'' in 1976 and has served as President of its Board of Directors since the service
center was organized. The Southeast Kansas Education Service Center provides compre-
hensive education support service to 80 school districts in 21 southeast Kansas counties;
over 180 educational programs are available to 10,000 teachers and 125,000 students; and

      WHEREAS,  Dr. Haderlein served as President of the Kansas Association of School
Boards in 1963-64 and as President of the National School Board Association in 1981. He
is the only Kansan to serve in this latter position. He was the only school board member to
be appointed to the National Commission on Excellence in Education which presented the
report, ``A Nation at Risk'' in April, 1983; and

      WHEREAS,  Dr. Haderlein is a strong supporter of all school activities. For over twenty
years he has announced all of the Girard High School athletic contests; he has been instru-
mental in promoting such activities as the high school debate program, the foreign language
club and the middle school athletic program. He has seen that Girard was actively involved
in girls athletics long before it became the law of the land. In 1981, Dr. Haderlein was
presented the ``Governors Award'' by the Kansas State High School Activities Association
for distinguished service to secondary education in Kansas; and

      WHEREAS,  When a new elementary school was built, the local teachers' association
asked that it be named after him. Haderlein Elementary School is one of the few, if any,
schools named after an active school board member in the district in which he served; and

      WHEREAS,  In addition to his educational activities, Dr. Haderlein has served as Pres-
ident of the Girard Chamber of Commerce. He has been active in community improvement,
including a large industrial revenue bond levy to support new industry; a member of the
committee to enlarge and improve facilities of the District Hospital in Girard; a Vice-Pres-
ident of Elm Acres Home for Children in El Dorado and a member of the Athletic Schol-
arship Committee at Pittsburg State University. He was awarded the Distinguished Service
Award in 1978 by the Girard Jr. Chamber of Commerce; and

      WHEREAS,  Dr. Haderlein was born in Frontenac and attended Pittsburg State Uni-
versity and the University of Missouri at Kansas City. He served as a dental officer in World
War II and the Korean Conflict. He and his wife, Patricia Ann, have three children, Barbara,
Patricia Lynn and Michael: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Dr. Robert V. Haderlein for his many years of service to public education in Kansas; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Dr. Haderlein at 703 N. Carbon Street, Girard, Kansas
66743.

 On emergency motion of Senator Barone SR 1850 was adopted unanimously.

 Senator Barone introduced and congratulated Dr. Robert V. Haderlein for his many years
of service. Accompanying Dr. Haderlein, were Gary Pernot, Girard Middle School Principal;
Jack Shireman, a former Superintendent; Terry Johnson, Teacher, Girard High School; Gary
Snawder, Girard High School Principal; Dave DeMoss, President, Southeast Kansas Edu-
cation Service Center, ``Greenbush'' and John Battitori, Superintendent USD 248.

   Senator Vratil introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1851--

    A  RESOLUTION congratulating and commending Mark Tevault and
Leawood Middle School.


      WHEREAS, On the evening of March 11, 1999, Leawood Middle School students pre-
sented their 11th annual Greek and Roman Festival; and

      WHEREAS, The Greek and Roman Festival originated under the auspices of Mark Te-
vault, a teacher at Leawood Middle School; and

      WHEREAS, While the Greek and Roman Festival started as a teacher led program, it
has become a student driven program. It is an interdisciplinary event with all students and
teachers participating. Mathematics, science, language and social studies are integrated into
the program. Plays and activities involving geometry, Greek myths, ancient civilizations,
architecture and science are written and acted by the students. Students write the script for
the programs, choreograph the events and even have their own restaurant with ``authentic''
food. The event takes several weeks of preparation time with students working outside of
school hours as well as during school time; and

      WHEREAS, The gold team teaching unit sponsored the Festival this year which included
Danna Pease, Ruth Rutheford, Julie Burik, Vicki Hursh, Bridget McNabb, Kippy King,
Mark Tevault, Jennifer Miller and Amy Miller with Mark Tevault as the program coordi-
nator: Now, therefore,

 Be it resolved by the Senate of the state of Kansas: That we congratulate and commend
Mark Tevault for establishing the annual Greek and Roman Festival at Leawood Middle
School, the teachers and staff for providing guidance and support, and the students for their
enthusiastic involvement in this annual event; and

      Be it further resolved: That the Secretary of the Senate be directed to provide two enrolled
copies of this resolution to Senator John Vratil for presentation to Jim Foil, Principal, Lea-
wood Middle School, and to Mark Tevault.

 On emergency motion of Senator Vratil SR 1851 was adopted unanimously.

GUESTS
 Senator Oleen rose on a point of personal privilege to introduce and congratulate Doug
Schonberner, Chief of Recycling Division, Fort Riley, Kansas. Mr. Schonberner has received
the Secretary of the Army 1998 Environment Award for Recycling for an Individual, for
leading his division to recycle over 7.1 million pounds of standard recyclables in 1998. Mr.
Schonberner was accompanied by his wife, Elizabeth, and sister, Vicki Hall. Staff members
of the Directorate of Environment and Safety were also present.

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
Steffes in the chair.

 On motion of Senator Steffes the following report was adopted:

   Recommended SB 358 be passed.

 SB 356; HB 2489 be amended by adoption of the committee amendments, and the bills
be passed as amended.

 HCR 5021 be amended by adoption of the committee amendments, and the concurrent
resolution be adopted as amended.

 SB 326, reconsidered on Thursday, April 1, 1999, from adverse action on Wednesday,
March 31, 1999, be amended by motion of Senator Ranson as amended by Senate Com-
mittee of the Whole, on page 143, following line 9, by inserting the following material to
read as follows:

``Provided, That the secretary of transportation is authorized to undertake a program to
assist cities and counties with railroad crossings of roads not on the state highway system.''
 Upon the showing of five hands, a roll call vote was requested.
      On roll call, the vote was: Yeas 29, nays 9, present and passing 2; absent or not voting 0.
      Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gooch, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Mor-
ris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Umbarger,
Vidricksen, Vratil.
      Nays: Biggs, Feleciano, Gilstrap, Hensley, Jones, Lee, Petty, Stephens, Tyson.
      Present and passing: Barone, Goodwin.
      The motion carried and the amendment was adopted.

EXPLANATION OF VOTE
 Mr. President: I vote NO on this amendment. The other day during floor debate, I
voted against the amendment to delete the $50 million proviso for railroad mitigation money
for Wichita.
 I am committed to supporting this railroad mitigation for the railroad crossing problem
in the city of Wichita, which is very acute.
 This amendment falls far short of any guarantee for railroad mitigation and should be
viewed as such by the people of Wichita.--Anthony Hensley
   Senators Biggs, Feleciano and Gilstrap request the record to show they concur with the
``Explanation of Vote'' offered by Senator Hensley on SB 326.

   Senator Petty moved to amend the bill as amended by Senate Committee of the Whole,
on page 1, following line 36, by inserting the following material to read as follows:

 ``(c) For the fiscal year ending June 30, 1999, appropriations are hereby made, restrictions
and limitations are hereby imposed, and transfers, capital improvement projects, fees, re-
ceipts, disbursements and acts incidental to the foregoing are hereby directed or authorized
as provided in section 100 of this act.'';

 And by redesignating subsections accordingly;

 Also on page 1, following line 40, by inserting the following material to read as follows:

 ``(f) This act shall not be subject to the provisions of subsection (a) of K.S.A. 75-6702 and
amendments thereto.'';

 On page 12, in line 34, by subtracting $500,000 from the dollar amount and by adjusting
the dollar amount in line 34 accordingly;

 On page 44, following line 17, by inserting the following material to read as follows:

 ``(o) On July 1, 1999, the appropriation of $1,000,000 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 9(a) of 1999 Senate Bill No. 325 from
the state general fund in the statehouse ground and facilities improvements account, is
hereby lapsed.'';

 Also on page 44, in line 32, by subtracting $4,000,000 from the dollar amount and by
adjusting the dollar amount in line 32 accordingly;
 On page 47, in line 39, by striking ``and'' where it appears for the last time; in line 43,
before the period, by inserting ``, and (3) the amount equal to the $4,000,000 divided by
11'';
 On page 49, in line 17, by subtracting $288,121 from the dollar amount and by adjusting
the dollar amount in line 17 accordingly;
 On page 51, in line 12, by subtracting $250,000 from the dollar amount in line 12 and by
adjusting the dollar amount in line 12 accordingly;
 On page 56, following line 39, by inserting the following material to read as follows:
 ``(i) On August 15, 1999, and on December 15, 1999, the director of accounts and reports
shall transfer $300,000 from the Kansas economic development endowment account of the
state economic development initiatives fund of the department of commerce and housing
to the state general fund.'';
 On page 62, in line 27, by adding $1,220,417 to the dollar amount and by adjusting the
dollar amount in line 27 accordingly;
 On page 71, in line 15, by adding $29,583 to the dollar amount and by adjusting the dollar
amount in line 15 accordingly;
 On page 74, in line 36, by adding $18,100,000 to the dollar amount and by adjusting the
dollar amount in line 36 accordingly;
 On page 75, in line 11, preceding the period, by inserting ``: And provided further, That
expenditures shall be made from the mental health and retardation services aid and assis-
tance and state institutions operations account by the secretary of social and rehabilitation
services to adjust the reimbursement rates for the MCBS/MR waiver to the community
developmental disabilities organizations: And provided further, That expenditures from this
account for such purpose shall not exceed $3,000,000: And provided further, That expend-
itures shall be made from the mental health and retardation services aid and assistance and
state institutions operations account by the secretary of social and rehabilitation services to
adjust payments due to inflationary increases at the community mental health centers: And
provided further, That expenditures from this account for such purpose shall not exceed
$1,000,000''; in line 23, by subtracting $2,000,000 from the dollar amount and by adjusting
the dollar amount in line 23 accordingly;
 On page 82, in line 28, by subtracting $3,034,000 from the dollar amount and by adjusting
the dollar amount in line 28 accordingly;
 On page 86, following line 43, by inserting the following material to read as follows:
``Four-year-old-at-risk programs fund$3,034,000
  Provided, That all expenditures from the four-year-old-at-risk programs fund shall be in
accordance with the school district finance and quality performance act.'';
   On page 88, following line 13, by inserting the following material to read as follows:
 ``(h) On July 1, 1999, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $3,034,000 from the temporary assistance to needy families federal
fund of the department of social and rehabilitation services to the four-year-old-at-risk pro-
grams fund of the department of education.'';
 On page 120, following line 3, by inserting the following material to read as follows:
 ``(e) (1) On July 1, 1999, of the $7,266,747 appropriated for the above agency for the
fiscal year ending June 30, 2000, by section 6(a) of 1999 Senate Bill No. 325 from the state
general fund in the debt service payment for the revenue refunding bond issue account, the
amount of $2,000,000 is hereby lapsed.
 (2) On July 1, 1999, of the $4,722,725 appropriated for the above agency for the fiscal
year ending June 30, 2000, by section 6(b) of 1999 Senate Bill No. 325 from the correctional
institutions building fund in the capital improvements -- rehabilitation, remodeling, reno-
vation and repair of correctional institutions account, the amount of $2,000,000 is hereby
lapsed.
 (f) There is appropriated for the above agency from the correctional institutions building
fund for the fiscal year ending June 30, 2000, for the capital improvement project or projects
specified as follows:
Debt service payment for the revenue refunding bond issue $2,000,000'';
   On page 154, following line 14, by inserting the following material to read as follows:
 ``Sec. 100.
DEPARTMENT OF TRANSPORTATION
 (a) (1) On the effective date of this act, the director of accounts and reports shall reduce
 the expenditure limitation established pursuant to section 160(b) of Chapter 203 of the 1998
Session Laws of Kansas on the Kansas savings incentive program account of the state high-
way fund of the above agency from $5,735,505.99 to $0.
 (2) On the effective date of this act, the director of accounts and reports shall transfer
$1,044,060 from the Kansas savings incentive program account of the state highway fund
to the state general fund.
 (b) On July 1, 1999, the director of accounts and reports shall transfer $4,691,445 from
the Kansas savings incentive program account of the state highway fund, established pur-
suant to section 90(g)(2) of 1999 Senate Bill No. 326, to the state general fund.'';

 And by renumbering sections accordingly;
 On page 155, by striking all in lines 29 and 310; in line 311, by striking all before the
period, by inserting ``its publication in the Kansas register'';
 On page 1, in the title, in line 131, before ``June 30, 2000,'' by inserting ``June 30, 1999,'';
also in line 13, before ``June 30, 2001`` by inserting ``and''.
 Upon the showing of five hands, a roll call vote was requested       On roll call, the vote
was: Yeas 15, nays 24, present and passing 1; absent or not voting 0.
      Yeas: Barone, Biggs, Clark, Downey, Feleciano, Gilstrap, Gooch, Hensley, Huelskamp,
Jones, Lee, Petty, Pugh, Steineger, Stephens.
      Nays: Becker, Bleeker, Bond, Brownlee, Corbin, Donovan, Emert, Goodwin, Harden-
burger, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury,
Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
      Present and passing: Harrington.
      The motion failed and the amendment was rejected.
 Senator Hensley moved to amend the bill as amended by Senate Committee of the Whole,
on page 44, following line 17, by inserting the following material to read as follows:
 ``(o) On July 1, 1999, the appropriation of $1,000,000 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 9(a) of 1999 Senate Bill No. 325 from
the state general fund in the statehouse ground and facilities improvements account, is
hereby lapsed.'';
 On page 74, in line 36, by adding $1,000,000 to the dollar amount and by adjusting the
dollar amount in line 36 accordingly.
 The motion failed and the amendment was rejected.
 Senator Kerr moved to amend the bill as amended by Senate Committee of the Whole,
on page 70, by striking all in line 43;
 On page 71, by striking all in lines 1 through 4;
 On page 87, by striking all in lines 32 through 43;
 On page 88, by striking all in lines 1, 2 and 3;
 On page 129, in line 20, by subtracting $1,000,000 from the dollar amount and by ad-
justing the dollar amount in line 20 accordingly;
 On page 149, in line 26, by subtracting $7,100,000 from the dollar amount and by ad-
justing the dollar amount in line 26 accordingly.
 Pursuant to Senate Rule 68, Senator Hensley offered a substitute motion to suspend
Senate Rule 41 for the purpose of allowing additional roll call votes on SB 326.

 Upon the showing of five hands, a roll call vote was requested       On roll call, the vote
was: Yeas 13, nays 27, present and passing 0; absent or not voting 0.

      Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.

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

      The motion failed.

 Senator Hensley requested the proposed amendment be divided into five parts.

 On motion to amend part 1) pages 70 and 71 referring to the healthy start/home visitor
program, the motion carried and part 1 was adopted.

 On motion to amend part 2) page 87, lines 32-38, the motion carried and part 2 was
adopted.

 On motion to amend part 3) pages 87 and 88 referring to the four-year old at risk children,
the motion carried, and part 3 was adopted.

 On motion to amend part 4) page 129 referring to juvenile justice, the motion carried
and part 4 was adopted.

 On motion to amend part 5) page 149 a reduction of $7,100,000, the motion carried, part
5 was adopted, and the amendment in its entirety was adopted.

 The Committee recommended SB 326, as reconsidered, be passed as further amended.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2519.

 The House accedes to the request of the Senate for a conference on SB 226 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.

 Announcing passage of SB 171, as amended.

 Announcing passage of Substitute SB 117, as amended; SB 170, as amended, 325,
as amended.

 The House adopts the conference committee report on SB 65.

 The House nonconcurs in Senate amendments to HB 2362, requests a conference and
has appointed Representatives Boston, Gilmore and Henry as conferees on the part of the
House.

 The House nonconcurs in Senate amendments to HB 2404, requests a conference and
has appointed Representatives Freeborn, Ray and Flora as conferees on the part of the
House

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2519 was thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 Senator Lawrence moved the Senate nonconcur in house amendments to SB 171, and
requested a conference committee be appointed.

 Senator Hensley offered a substitute motion to concur in house amendments to SB 171.

   SB 171, An act concerning school district finance; relating to the counting of preschool-
aged at-risk pupils; increasing base state aid per pupil; affecting determination of at-risk,
low enrollment, and correlation weightings; revising the definition of local effort; providing
for state grants for educational services at certain juvenile detention facilities; relating to
the school district general fund property tax levy; requiring a study of school district organ-
ization and configuration; making and concerning appropriations for the fiscal years ending
June 30, 2000, June 30, 2001, and June 30, 2002, for the department of education; amending
K.S.A. 72-7108, 72-8703, 72-8704 and 72-8705 and K.S.A.1998 Supp. 72-6407, 72-6410,
72-6412, 72-6414, 72-6430, 72-6431, 72-6442, 72-8187 and 79-201x and repealing the ex-
isting sections.

      On roll call, the vote was: Yeas 13, nays 27, present and passing 0; absent or not voting
0.

      Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.

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

      The motion to concur failed.


EXPLANATION OF VOTE
 Mr. President: SB 171 presented a first in the history of Kansas education funding.
For the first time ever we have the opportunity of providing adequate funding for our
children's education over the next three years. The $67 dollar increase for FY 2000, along
with $50 increases for FY 2001 and 2002 provide a solid foundation for the future of our
state's education system. As a parent, teacher, and elected official, I support SB 171 and
the historic precedent it sets for the future education of Kansas children.--Anthony
Hensley

ORIGINAL MOTION
 Having voted on the prevailing side, Senator Lawrence moved the Senate reconsider its
adverse action to concur on SB 171, and to nonconcur and a conference committee be
appointed.

   The motion carried, and the President appointed Senators Lawrence, Langworthy and
Downey as conferees on the part of the Senate on SB 171.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 326, 356, 358; HB 2489; HCR 5021 were advanced to Final Action and roll call.

   SB 326, An act making and concerning appropriations for the fiscal years ending June
30, 2000, June 30, 2001; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations and directing or authorizing certain re-
ceipts, disbursements and acts incidental to the foregoing; amending K.S.A. 75-2319, 79-
2959 and 82a-953a and K.S.A. 1998 Supp. 79-2964, 79-3425i and 79-34,147and repealing
the existing sections, was considered on final action.

      On roll call, the vote was: Yeas 27, nays 13, present and passing 0; absent or not voting
0.

      Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Gooch, Good-
win, Hardenburger, Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Prae-
ger, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

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

      The bill passed, as amended.

   SB 356, An act concerning insurance; establishing a procedure for the conversion of a
stock or mutual insurance company into an insurance reciprocal, 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, Huel-
skamp, 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 358, An act concerning the Kansas public employees retirement system and systems
thereunder; relating to cost-of-living adjustments; employer contribution rates; amending
K.S.A. 20-2605 and K.S.A. 1998 Supp. 74-4920 and 74-4967 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, Huel-
skamp, 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 2489, An act concerning the secretary of administration; relating to reimbursement
rates for mileage and travel subsistence; amending K.S.A. 75-3203, 75-3203a, 75-3207 and
75-3207a 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, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Nays: Hensley.

      The bill passed, as amended.

   HCR 5021, A CONCURRENT RESOLUTION memorializing the President and the
United States Congress to take action to provide funds for independent research into ill-
nesses suffered by Gulf War veterans and to initiate more effective programs to assist Gulf
War veterans and their families, and urging the Governor of Kansas and appropriate heads
of Kansas state agencies to continue efforts in support of the Kansas Persian Gulf War
Veterans Health Initiative, 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, Huel-
skamp, 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.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Steffes the Senate nonconcurred in the House amendments to
Sub  SB  117 and requested a conference committee be appointed.

 The President appointed Senators Steffes, Clark and Feleciano as a conference committee
on the part of the Senate.

   On motion of Senator Kerr the Senate nonconcurred in the House amendments to
SB  170 and requested a conference committee be appointed.

 The President appointed Senators Kerr, Salisbury and Hensley as a conference committee
on the part of the Senate.

   On motion of Senator Kerr the Senate nonconcurred in the House amendments to
SB  325 and requested a conference committee be appointed.

 The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.

ORIGINAL MOTION
 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2362.

 The President appointed Senators Praeger, Salmans and Steineger 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 2404.

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

REPORTS OF STANDING COMMITTEES
      The Committee on Federal and State Affairs recommends SB 317 be amended on
page 1, in line 32, after ``subsection'' by inserting ``and in subsection (f)''; by striking all in
lines 37 and 38; in line 39, by striking all before ``The'';

      On page 2, following line 21, by inserting:

      ``(f) Notwithstanding any limitation imposed pursuant to subsection (e), an action to
revoke an acknowledgment of paternity more than one year after the child's date of birth
may be brought if genetic testing determines the man named as the father is not the father
of the child. The provisions of this subsection shall apply to any acknowledgment whether
completed before or on and after the effective date of this act. Nothing in this section shall
be construed as authorizing the requiring of repayment of any child support payments.''; in
line 22, before ``If'' by inserting ``(g)''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
 SB 323 reported correctly engrossed April 2, 1999.

REPORT ON ENROLLED BILLS
 SB 48, 143, 169, 229 reported correctly enrolled, properly signed and presented to the
Governor on April 2, 1999.

   On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, April 7,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.