January 20, 2000
Journal of the Senate
EIGHTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, January 20, 2000--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Downey was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
I may never be a champion
Or be rated number one.
I probably won't be wealthy
Or do something no one's done.
I may never be quite famous
Or be a movie star.
I'm sure I'll never be a king
Or shoot 13 under par.
But I can do some little things
Which may be as worthwhile;
And be even more important
Than those with high profile.
I can give the same attention
To the famous and obscure.
I can treat each voter fairly
Whether rich or very poor.
I can listen when my children
Want to bend my ear.
I can treat my spouse respectfully
When married fifty years.
It may not be considered cool
But I can put You first, O Lord,
And no amount of fame can match
What you offer as reward.
I pray in the Name of Christ,
AMEN.
GUESTS
Congressman and Mrs. Jim Ryan were introduced and welcomed as guests.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 455, An act relating to the Kansas universal service fund; authorizing the assessment
of a late payment fee; amending K.S.A. 1999 Supp. 66-2010 and repealing the existing
section, by Committee on Commerce.
SB 456, An act concerning civil procedure; relating to liens; filing time; amending K.S.A.
60-1102 and 60-1103 and repealing the existing sections, by Senator Vidricksen.
SB 457, An act relating to trust authority; concerning inactive trust companies or de-
partments; amending K.S.A. 1999 Supp. 9-1703 and repealing the existing section, by Com-
mittee on Financial Institutions and Insurance.
SB 458, An act concerning insurance; relating to licensure of agents; amending K.S.A.
1999 Supp. 40-240 and repealing the existing section, by Committee on Financial Institu-
tions and Insurance.
SB 459, An act concerning mortgages; relating to mortgage business and mortgage loans;
amending K.S.A. 1999 Supp. 9-2204, 9-2207, 9-2209, 9-2212, 9-2213 and 9-2218 and re-
pealing the existing sections, by Committee on Financial Institutions and Insurance.
SB 460, An act relating to the office of the state treasurer; authorizing the state treasurer
to designate certain positions to be in the unclassified service under the Kansas civil service
act, by Committee on Ways and Means.
SB 461, An act concerning child in need of care proceedings; relating to permanent
guardianship; amending K.S.A. 1999 Supp. 38-1502, 38-1583 and 38-1587 and repealing
the existing sections, by Committee on Judiciary.
SB 462, An act concerning campaign finance; relating to contributions; amending K.S.A.
1999 Supp. 25-4153a and repealing the existing section, by Committee on Elections and
Local Government.
SB 463, An act concerning the term of office for certain elected state officials; amending
K.S.A. 25-101a and 25-101b and repealing the existing sections, by Committee on Elections
and Local Government.
SB 464, An act concerning campaign finance; establishing requirements for electronic
filing of reporting of campaign contributions, by Committee on Elections and Local
Government.
SB 465, An act concerning elections; amending K.S.A. 25-3808 and repealing the existing
section, by Committee on Elections and Local Government.
SB 466, An act providing for the financing of unified school districts; amending K.S.A.
1999 Supp. 79-3603, 79-3620, 79-3703 and 79-3710 and repealing the existing sections, by
Senator Bond.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 435, 452, 454.
Commerce: SB 451.
Education: SB 432, 433, 434, 450.
Financial Institutions & Insurance: SB 439, 440, 441, 442, 443, 444, 445.
Judiciary: SB 438, 446, 447, 448, 453.
Ways and Means: SB 436, 437, 449.
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF WILDLIFE & PARKS
January 12, 2000
Steve Williams, Secretary, Department of Wildlife & Parks, submitted the 1999 Annual
Report, a list of frequently asked questions about deer management and an update of the
Parks 2000 project (state park capital improvement project).
KANSAS JUDICIAL COUNCIL
January 18, 2000
Randy M. Hearrell, Executive Director, Kansas Judicial Council, submitted a report from
the Child in Need of Care Advisory Committee.
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.
MESSAGE FROM THE HOUSE
Announcing, the House appoints Representatives Adkins, Neufeld and Reardon as con-
ferees on SB 39.
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:
Board of Indigents' Defense Services:
T. Lynn Ward, term expires January 15, 2001.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Department of Aging:
Connie L. Hubbell, serves at the pleasure of the Governor.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Department of Agriculture:
Jamie Clover Adams, serves at the pleasure of the Governor.
On roll call, the vote was: Yeas 36, Nays 2, Present and Passing 1, Absent or Not Voting
1.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Feleciano,
Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal-
mans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Gilstrap.
Present and Passing: Corbin.
Absent or Not Voting: Downey.
The appointment was confirmed.
EXPLANATION OF VOTE
Mr. President: If ever Kansas agriculture, particularly small and independent farmers,
needed a strong voice for initiatives and advocacy, it is now. This appointment and the
current established leadership in our state does not address the issue.
Other Midwest states and land grant universities have been much more pro-active on
agri-business concentration and programs to assist and encourage small farmers and alter-
native crops. Kansas needs to play catchup and hopefully, this confirmation process will
have aided in such a movement, but I still must vote no on this nomination.--Don Biggs
Senator Gilstrap requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Biggs on the appointment of Jamie Clover Adams.
Mr. President: I vote ``yes'' on the confirmation of Jamie Clover Adams because of her
ability and experience with agricultural related issues. When she stated that the Department
of Agriculture is only a regulatory agency for the consumer, I became concerned for the
agricultural community. While I understand the court decision regarding the position of the
Secretary of Agriculture, I call upon Secretary Jamie Clover Adams also to be an advocate
for the independent family farm producers so that all Kansans may enjoy the benefits of
this strong robust economy.--Harry Stephens.
Senators Barone, Clark and Hensley request the record to show they concur with the
``Explanation of Vote'' offered by Senator Stephens on the appointment of Jamie Clover
Adams.
On the appointment to the:
Department of Social and Rehabilitation Services:
Janet K. Schalansky, serves at the pleasure of the Governor.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Civil Service Board:
Glenn W. Fisher, term expires March 15, 2002.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Civil Service Board:
J. Richard (Dick) Pratt, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Corporation Commission:
Cynthia L. Claus, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Development Finance Authority:
Robert I. Guenthner, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Development Finance Authority:
William Bartley Hildreth, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Human Rights Commission:
Beth M. Bradrick, term expires January 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Human Rights Commission:
Robert G. Lay, term expires January 15, 2004.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas, Inc.:
Francis Clifford, term expires January 15, 2004.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Lottery Commission:
James W. Cates, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Lottery Commission:
G. Craig Robinson, term expires March 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Parole Board:
Carl Cushinberry, term expires January 15, 2003.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Performance Review Board:
William J. Falstad, term expires June 30, 2002.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment the:
Kansas Technology Enterprise Corporation:
Tom W. Bryant, term expires January 15, 2004.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
Kansas Water Authority:
Kent Lamb, serves at the pleasure of the Governor.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
State Banking Board:
Eleanor M. Deterich, term expires March 15, 2002.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
State Banking Board:
Denis W. Miller, term expires March 15, 2002.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
On the appointment to the:
State Banking Board:
Benjamin F. Zimmerman, term expires March 15, 2002.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Downey.
The appointment was confirmed.
REPORT ON ENROLLED BILLS
SR 1804 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on January 20, 2000.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 21,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.