January 12, 2000

Journal of the Senate

THIRD DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, January 12, 2000--2:30 p.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,

         Being a Senator is a mixed blessing.

       Politicians undergo more irrational criticism than most any other group of people.

       Their words are misunderstood.

       Their explanations are misinterpreted.

       Their views are misrepresented.

       Their motives are questioned.

       They are quoted out of context.

       They are mistaken for council members, commissioners, and congresspeople.

       Their character is vilified by people who know nothing at all about them.

           So help them, Lord, to remember.....

       Out of 21/2 million Kansas citizens only forty of them are Senators.

       Each of them has the privilege of being the voice for 60,000 people.

       They are more conversant on issues facing Kansans that any other people in the state.

       They will leave a rich heritage for their children.

       They are special people.

       They deserve our respect.

       They need our prayers.

       Give them strength, wisdom, and good health.

       Bless their efforts to make Kansas the best place to live in the United States.

           I pray in Jesus' Name,

           AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   SB 406, An act relating to income taxation; providing for a credit therefrom for certain
expenses incurred by a small business, by Committee on Assessment and Taxation.

 SB 407, An act concerning the administration of the intangibles gross earnings tax;
amending K.S.A. 12-1,101 and 12-1,104 and repealing the existing sections, by Committee
on Assessment and Taxation.

 SB 408, An act relating to confidentiality requirements concerning income tax returns;
amending K.S.A. 1999 Supp. 79-3234 and repealing the existing section, by Committee on
Assessment and Taxation.

 SB 409, An act concerning the incidence of and liability for certain excise taxes; amending
K.S.A. 79-3301, 79-3303, 79-3304, 79-3310, 79-3311, 79-3313, 79-3321, 79-3323, 79-3371,
79-3378, 79-3379 and 79-3401 and K.S.A. 1999 Supp. 79-3316, 79-3408 and 79-3412 and
repealing the existing sections, by Committee on Assessment and Taxation.

 SB 410, An act relating to taxation; providing benefits and incentives for statutory com-
pliance by certain taxpayers; amending K.S.A. 79-3228, 79-3295, 79-3296, 79-3298, 79-3299,
79-32,100, 79-32,101, 79-32,106, 79-3615, 79-3706 and 79-41a03a and repealing the existing
sections; also repealing K.S.A. 79-3297a, by Committee on Assessment and Taxation.

 SB 411, An act relating to property taxation; concerning appeals procedures for certain
valuation controversies; amending K.S.A. 1999 Supp. 74-2433 and 74-2433f and repealing
the existing sections, by Committee on Assessment and Taxation.

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

   Agriculture: SCR 1624, 1625, 1626, 1627, 1628.

 Energy and Natural Resources: SB 405.

 Transportation and Tourism: SB 404.

MESSAGE FROM THE GOVERNOR
  January 10, 2000
  The Honorable Dick Bond

President of the Senate

State Capital, 3rd Floor

Topeka, Kansas 66612

   RE: Communication to the House and Senate pursuant to K.S.A. 22-3703
   This is my report of pardons to the Legislature pursuant to K.S.A. 22-3703. That statute
requires that I communicate to both houses at each regular session a list of all persons
pardoned by me during the preceding year.

 For calendar year 1999, no pardons or clemencies were granted. A total of 43 applications
for pardon or clemency were denied.

 As you know, my policy regarding pardons and clemencies is that they should be granted
when a gross miscarriage of justice has occurred and all other judicial remedies have been
exhausted and have failed to correct the injustice. I have yet to review an application that
fits this criteria.

     Bill Graves

 Governor

      January 11, 2000
    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 January 11, 2000, pursuant to law.

     Bill Graves

 Governor

  State Bank Commissioner, Franklin ``Lynn'' Nelson, pursuant to the authority vested in me
by K.S.A. 75-1304, effective upon the date of confirmation by the Senate to serve at the
pleasure of the Governor.

Secretary, Department on Aging, Connie L. Hubbell, pursuant to the authority vested in
me by K.S.A. 74-5903, effective upon the date of confirmation by the Senate to serve at the
pleasure of the Governor.

Secretary, Department of Agriculture, Jamie Clover Adams, pursuant to the authority vested
in me by K.S.A. 74-560, effective upon the date of confirmation by the Senate to serve at
the pleasure of the Governor.

Secretary, Department of Health and Environment, Clyde D. Graeber, pursuant to the
authority vested in me by K.S.A. 74-5601, effective upon the date of confirmation by the
Senate to serve at the pleasure of the Governor.

Secretary, Department of Social and Rehabilitation Services, Janet K. Schalansky, pursuant
to the authority vested in me by K.S.A. 75-5301, effective upon the date of confirmation by
the Senate to serve at the pleasure of the Governor.

COMMUNICATIONS FROM STATE OFFICERS
  KANSAS JUVENILE JUSTICE AUTHORITY
  December 29, 1999
   Commissioner, Albert Murray, submitted a copy of the 1999 Fiscal Year Annual Report
for the Juvenile Justice Authority, ``Building the Foundation of Justice for the Future.''

    KANSAS DEPARTMENT OF HEALTH & ENVIRONMENT
  January 6, 2000
   Secretary, Clyde D. Graeber, submitted copies of 1999 Annual Reports for the following
agencies, Kansas Waste Tire Program, Statutory Authority: K.S.A. 65-3424 et seq.; Kansas
Household Hazardous Waste Program, Kansas Water Pollution Control Revolving Loan
Fund, Kansas Public Water Supply Loan Fund, as required by K.S.A. 65-163k; and Kansas
Livestock Waste Management Program.

    DEPARTMENT OF ADMINISTRATION
  January 7, 2000
   Secretary of Administration, Dan Stanley, as required in K.S.A. 75-6509, submitted a
State of Kansas Health Care Benefits Program Annual Report.

    DEPARTMENT OF HUMAN RESOURCES
  January 7, 2000
   Secretary of Human Resources, Richard E. Beyer, as required in K.S.A. 44- 710a(a)(3)(C),
of the Kansas Employment Security Law, submitted a report on the Unemployment Insur-
ance Trust Fund.

    POOLED MONEY INVESTMENT BOARD
  January 10, 2000
   Director of Investments, Derl S. Treff, as required in K.S.A. 75-4222(h), submitted copy
of the Annual Report of the Pooled Money Investment Board for Fiscal Year 1999.

    KANSAS CORPORATION COMMISSION
CONSERVATION DIVISION
  January 10, 2000
   Director, M. L. Korphage submitted reports regarding Abandoned Oil and GasWell/
Remediation Site Fund.

 The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.

REPORT ON ENGROSSED BILLS
 SB 403 reported correctly engrossed January 12, 2000.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, January
13, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.