February 8, 2000

Journal of the Senate

TWENTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, February 8, 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 Hensley was excused.

 Invocation by Chaplain Fred S. Hollomon:

     Heavenly Father,

     It's important, Lord, to me

 That I will always be

 A person who is known

 For my integrity.

     A person who doesn't lie

 Or even exaggerate;

 A person who's respected

 And does not manipulate.

     I am not naive;

 I know it isn't easy

 To avoid appearance

 Of what's considered sleazy.

     And there are times, O God,

 I will lose some friends.

 There may even be an election

 That I will never win.

     But it really IS important, Lord,

 That when I leave this place

 The office that I held

 Will have never been disgraced.

     And I realize, O God, that will happen only by Your grace,

 in the Name of Christ,

     AMEN

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

    SB 589, An act concerning civil procedure; relating to worthless checks; amending K.S.A.
60-2611 and K.S.A. 1999 Supp. 60-2610 and repealing the existing sections, by Committee
on Judiciary.

 SB 590, An act concerning livestock; relating to ownership of such livestock, by
Committee on Agriculture.

 SB 591, An act concerning the issuance of certain driver's licenses, by Committee on
Federal and State Affairs.

 SB 592, An act concerning the adjutant general; relating to the acquisition, construction,
equipping, furnishing, renovation, reconstruction and repair of armories, by Committee on
Ways and Means.

 SB 593, An act concerning naturopathic physicians; relating to the licensing and
regulation thereof; amending K.S.A. 65-2872 and repealing the existing section; also
repealing K.S.A. 65-2872a, by Committee on Ways and Means.

 SB 594, An act concerning taxation of income; providing for the allowance of credits for
certain contributions, by Committee on Elections and Local Government.

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

   Commerce: SB 586, 588.

 Elections and Local Government: SCR 1640; HB 2241.

 Federal and State Affairs: Sub HB 2581; HB 2592.

 Financial Institutions & Insurance: SB 574, 575.

 Judiciary: SB 578, 579, 580, 581, 582, 583, 584, 585, 587; HB 2600.

 Utilities: Sub HB 2290.

 Ways and Means: SB 573, 576, 577.

CHANGE OF REFERENCE
   The President withdrew SB 527 from the Committee on Judiciary, and referred the bill
to the Committee on Public Health and Welfare.

COMMUNICATIONS FROM STATE OFFICERS
  KANSAS, INC.

  November 29, 1999

   As required by K.S.A. 74-50,101, Charles R. Ranson, President, Kansas, Inc., submitted
a copy of the Evaluation of The Metropolitan Strategic Planning Grant Program.

   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.

MESSAGE FROM THE HOUSE
    Announcing passage of HB 2655, 2661, 2663.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
   HB 2655, 2661, 2663 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
   Senator Ranson moved the Senate concur in house amendments to Sub SB 243.

 Sub SB 243, An act concerning electric generation facility siting; amending K.S.A. 66-
1,159, 66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1999 Supp. 66-
1,158 and 66-1,169b and repealing the existing sections.

 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The Senate concurred.

 Senator Hardenburger moved the Senate concur in house amendments to H Sub SB
244.

 H Sub for SB 244, An act relating to elections; concerning the presidential preference
primary election; amending K.S.A. 1999 Supp. 25-4501 and repealing the existing section;
also repealing sections 2 and 3 of chapter 3 of the 1996 Session Laws of Kansas.

 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The Senate concurred.

CONFIRMATION OF APPOINTMENTS
   In accordance with Senate Rule 56, the following appointments, submitted by the
Governor 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:

Kansas, Inc.:

   Stanley Ahlerich, 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The appointment was confirmed.

  On the appointment to the:

Kansas, Inc.:

   Peter Brungardt, 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The appointment was confirmed.

  On the appointment to the:

Kansas, Inc.:

   Kathleen Clark, 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The appointment was confirmed.

FINAL ACTION ON CONSENT CALENDAR
 SB 465, 473 having appeared on the Consent Calendar for the required two full
legislative days without objection from any member, were considered on final action.

 SB 465, An act concerning elections; amending K.S.A. 25-3808 and repealing the existing
section, was considered on final action.

 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The bill passed.

 SB 473, An act concerning crimes, criminal procedure and punishment; relating to
aggravated escape from custody; amending K.S.A. 1999 Supp. 21-3810 and repealing the
existing section, was considered on final action.

 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, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

 Absent or Not Voting: Hensley.

 The bill passed.

REPORTS OF STANDING COMMITTEES
 Committee on Assessment and Taxation recommends SB 411 be amended on page
4, in line 14, after ``county'' by inserting ``or unified government''; in line 15, by striking the
first ``or'' and inserting a comma; in line 16, before the period, by inserting ``or other
representative so designated''; and the bill be passed as amended.

 Committee on Education recommends SB 433 be amended on page 3, after line 3, by
inserting a new section as follows:

      ``Sec.  2. K.S.A. 1999 Supp. 72-8904 is hereby amended to read as follows: 72-8904. (a)
Written notice of the result of any hearing imposing an extended-term suspension or an
expulsion from school shall be given to the pupil suspended or expelled from school, and
to the parents or guardians of the pupil within 24 hours after determination of such result.

      (b) Any pupil, age 18 or older, who has been suspended for an extended term or
expelled, or one of the pupil's parents or guardians of a pupil under age 18, may appeal
such suspension or expulsion to the board of education of the school district by filing a
written notice of appeal with the clerk of the board of education not later than 10 calendar
days after receiving the written notice. Any such appeal shall be heard by the board of
education, or by a hearing officer appointed by such board, not later than 20 calendar days
after such notice of appeal is filed unless the term of the suspension has been completed.
The pupil and the pupil's parents or guardians shall be notified in writing of the time and
place of the appeal hearing at least five days prior thereto. Such appeal shall be conducted
under rules which are consonant with K.S.A. 72-8903, and amendments thereto. The
decision on any such appeal shall be rendered not later than five days after the conclusion
of the appeal hearing.

      (c) For the purpose of hearing an appeal of an extended-term suspension or an
expulsion, the board of education may appoint one or more hearing officers. Any such
hearing officer shall be a member of the board of education, a certificated employee of the
school district, or an attorney admitted to the practice of law in this state. Any such
appointment shall apply to a particular hearing or to a set or class of hearings as specified
by the board of education in making the appointment. Whenever a hearing officer appointed
under authority of this section hears any appeal, the hearing officer shall prepare a written
report thereon to the board of education. After receiving any such report, the board of
education shall determine the matter with or without additional hearing. Any matter
determined by the board of education in accordance with this subsection shall be valid to
the same extent as if the matter were fully heard by the board of education without a hearing
officer.'';

      By renumbering sections 2 and 3 as sections 3 and 4, respectively;

      Also on page 3, in line 4, by striking ``is'' and inserting ``and 72-8904 are'';

      In the title, in line 10, after ``and'' by inserting ``72-8904 and''; in line 11, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.

 Committee on Elections and Local Government recommends SB 515, 517 be passed
and, because the committee is of the opinion that the bills are of a noncontroversial nature,
be placed on the consent calendar.

 Committee on Federal and State Affairs recommends SCR 1632 be amended on
page 1, in line 36, by striking ``test''; by striking all in line 37; in line 38, by striking ``vate''
and inserting ``measure and evaluate the short term and long term performance outcomes,
efficiencies and success of publicly funded''; in line 41, following ``on'' by inserting ``the
progress toward''; and the concurrent resolution be adopted as amended.

 Committee on Financial Institutions and Insurance recommends SB 487 be passed.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, February
9, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.