March 2, 2000
Journal of the Senate
THIRTY-SEVENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, March 2, 2000--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-eight senators present.
Senators Bleeker and Langworthy were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
I try not to make promises
Which I cannot keep;
Because You have made it plain
What we sow we'll also reap.
But what if I happen to forget
A promise I have made?
Can anyone really blame me
If my memory seems to fade?
That's when I must remember
Whom I'm accountable to:
The people who expect me
Always to be true.
I'm accountable to the voters
Who put me in this place;
Who took the time to go and vote
So I could win my race.
I'm accountable to my family
Who miss me when I'm gone;
Who do the things I used to do
While I'm away from home.
I'm accountable to everyone
Who became a volunteer;
Who telephoned and knocked on doors
To help to put me here.
But as important as those people are,
There's One Who tops them all:
I'm accountable to You, O God,
Who keeps me standing tall.
I pray in Jesus' Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 652, An act concerning infants; enacting the newborn infant protection act; amending
K.S.A. 21-3604 and K.S.A. 1999 Supp. 38-1585 and repealing the existing sections, by
Committee on Federal and State Affairs.
SB 653, An act establishing an intergovernmental transfer program; concerning nursing
facilities owned and operated by units of government; relating to the federal medical
assistance (medicaid) program; establishing an intergovernmental transfer fund, a long-term
care loan fund, a senior services trust fund and a senior services fund within the state
treasury; authorizing certain participation agreements, loans, grants and contracts; amending
K.S.A. 75-5321a and repealing the existing section, by Committee on Ways and Means.
REFERRAL OF APPOINTMENTS
The following appointment made by the Attorney General and submitted to the senate
for confirmation, was referred to Committee as indicated:
Chair, Crime Victims Compensation Board, Glenda L. Cafer, re-appointed for a term to
expire March 15, 2004.
(Judiciary)
COMMUNICATIONS FROM STATE OFFICERS
KANSAS INSURANCE DEPARTMENT
March 1, 2000
Kathleen Sebelius, Insurance Commissioner, submitted a report to the Kansas Legislature
2000 Session on Rate and Form Filings Laws in Other States.
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, the House concurs in Senate amendments to Substitute HB 2290.
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 Committee:
On the appointment to the:
Board of Tax Appeals:
Dwight D. Keen, term expires January 15, 2004.
On roll call, the vote was: Yeas 38, Nays 0, Present and Passing 0, Absent or Not Voting
2.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Bleeker, Langworthy.
The appointment was confirmed.
On the appointment to the:
Board of Tax Appeals:
Stephen Richards, term expires January 15, 2004.
On roll call, the vote was: Yeas 38, Nays 0, Present and Passing 0, Absent or Not Voting
2.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or Not Voting: Bleeker, Langworthy.
The appointment was confirmed.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HCR 5059 be adopted.
Committee on Education recommends HB 2655 be amended on page 5, in line 36,
after ``citizen'', by inserting ``or resident'';
On page 10, in line 16, by striking ``statute book'' and inserting ``Kansas register''; and the
bill be passed as amended.
Also, HB 2862 be amended on page 3, in line 26, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.
The Committee on Elections and Local Government recommends HB 2598, 2661,
2662 be passed and, because the committee is of the opinion that the bills are of
noncontroversial nature, be placed on the consent calendar.
Committee on Energy and Natural Resources recommends HB 2659 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
Committee on Federal and State Affairs begs leave to submit the following report:
The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:
By the Governor:
Kansas Army National Guard: K.S.A. 48-208, 48-209
Brigadier General Jonathan Small, serves at the pleasure of the Governor
Kansas Human Rights Commission: K.S.A. 44-1003
David Hanson, term expires January 15, 2002
Committee on Financial Institutions and Insurance recommends HB 2648, 2652, as
amended by House Committee, be passed.
Committee on Judiciary recommends SB 382, 586 be passed.
Also, SB 582 be amended on page 1, in line 19, after ``deeds'', by inserting ``and, with
the county surveyor for the county or counties in which the survey corner exists or as
otherwise provided in this section,''; in line 21, by striking ``lieu of'' and inserting ``addition
to''; in line 26, after the period, by inserting ``If there is no county surveyor for the county
or counties in which the survey corner exists, such report shall be filed with the county
engineer, or, if there is no county engineer, such report shall be filed with the office of the
county road department.''; by striking all in lines 27 through 38;
And by renumbering sections accordingly;
On page 2, in line 7, by striking ``references are''; in line 8, by striking ``made'' and inserting
``survey is completed''; in line 20, after the period, by inserting ``If there is no county surveyor
for the county or counties in which the survey corner exists, such report shall be filed with
the county engineer, or, if there is no county engineer, such report shall be filed with the
office of the county road department.''; in line 21, by striking ``references are made'' and
inserting ``survey is completed'';
On page 3, in line 22, by striking ``, 58-2005'';
On page 1, in the title, in line 10, by striking ``, 58-2005'' and the bill be passed as amended.
SB 620 be amended on page 1, in line 24, by striking ``shall'' and inserting ``may'';
and the bill be passed as amended.
Committee on Transportation and Tourism recommends HB 2641, as amended by
House Committee of the Whole, be amended on page 1, following line 16, by inserting the
following:
``Section 1. K.S.A. 8-1519 is hereby amended to read as follows: 8-1519. (a) No vehicle
shall be driven on the left side of the roadway under the following conditions:
(1) When approaching or upon the crest of a grade or a curve in the highway where the
driver's view is obstructed within such distance as to create a hazard in the event another
vehicle might approach from the opposite direction;
(2) when approaching within 100 feet of or traversing any intersection or railroad grade
crossing, except that this section shall not apply to any intersection on a state or county
maintained highway located outside city limits unless such intersection is marked by an
official department of transportation or county road department traffic control device or
pavement marking or both indicating that passing is prohibited and such marking is placed
at least 100 feet before the intersection; or
(3) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct
or tunnel; or
(4) when approaching within 100 feet of a stationary authorized emergency vehicle on
a highway that consists of two lanes carrying traffic in opposite directions, when the
authorized emergency vehicle is making use of visual signals meeting the requirements of
K.S.A. 8-1720, and amendments thereto, or subsection (d) of K.S.A. 8-1722, and amendments
thereto.
(b) The foregoing limitations shall not apply:
(1) Upon a one-way roadway, nor;
(2) under the conditions described in subsection (a)(2) of K.S.A. 8-1514, and
amendments thereto, nor; or
(3) to the driver of a vehicle turning left into or from an alley, private road or driveway.
(c) From and after the effective date of this act, and prior to July 1, 2001, a law
enforcement officer shall issue a warning citation to anyone violating the provisions of
paragraph (4) of subsection (a).'';
Also on page 1, in line 17, by striking ``Section 1.'' and inserting ``Sec. 2.'';
By renumbering the remaining sections accordingly;
On page 7, in line 7, following ``K.S.A.'' where it appears for the first time and inserting
``8-1519 and'';
In the title, in line 13, following ``K.S.A.'' where it appears for the first time by inserting
``8-1519 and''; and the bill be passed as amended.
Committee on Utilities recommends SB 640 be amended on page 1, in line 14, by
striking all following ``(a)''; in line 15, by striking ``tions'' and inserting ``Except as provided
by subsection (e)'';
On page 3, following line 15, by inserting the following:
``(e) The secretary may adopt rules and regulations providing for inspection of vapor
meters at intervals less frequently than annually if the secretary determines that annual
inspections are not necessary to protect the public interest. In adopting any such rules and
regulations, the secretary shall take into consideration the standard for inspections of vapor
meters adopted by the national institute of standards and technology of the United State
department of commerce.''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
Sub SB 304; SB 328, 491, 568 reported correctly engrossed February 29, 2000.
Also, SB 366, 489, 490, 530, 578; Sub SB 599; SB 629 reported correctly engrossed
March 1, 2000.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 3, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.