March 8, 2000

Journal of the Senate

FORTY-FIRST DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, March 8, 2000--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 President Bond introduced as guest chaplain, Pastor Randy Beeman, Edwardsville
Christian Church, Edwardsville, who delivered the invocation:

    Dear Loving Father,

     We begin this very important time by giving thanks to you for this day. We are thankful
because it is another opportunity to serve you and to create a better world for your people
to live. But Lord, some of us come here with our minds and hearts full of distractions.
Maybe we didn't get enough sleep last night, maybe Lord our children are having difficulties
in school or life, maybe we are facing major personal decisions in our lives, or maybe Lord
we have had so much pressure placed upon us that we have lost our passion and our joy.
Yes God, some of these problems are of our own making and we confess that to you. Forgive
us for the times we have not listened to you first but have instead listened to everyone
around us. We have filled our lives so full. Have we left room for you? I would lift up each
Senator here today to you God. I know you love them and desire to use them in the building
of your Kingdom. Heal the broken things in their lives, bring peace to places in their lives
where turmoil exists and give them rest during their busy schedules. Help them to focus on
people, not programs. Help them to stand for your truth. Help them to see beyond today
and find what this state needs in the years ahead. Help them to leave a legacy of honesty
and truth and vision. Remind them that they are making a difference. Bring back their joy
and passion for serving you and the people of Kansas. Give them ears to hear you and the
people they serve.

     Father I pray also for the people who called these Senators to serve. Help us to be honest
about our feelings and desires with the Senators. Forgive us when we talk around caf tables
and behind backs. Lord, help the people of this state give honor to these leaders and
encourage them.

     I pray that today will be a day that honors and glorifies you God. Thank you for giving us
life and for loving us always. Unify this body and this state this day. In Jesus Name I pray,
Amen.

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

   SB 657, An act concerning postsecondary education and certain institutions thereof;
relating to powers and duties of the state board of regents; affecting membership of the
midwestern higher education commission; amending K.S.A. 72-60b02 and K.S.A. 1999
Supp. 71-613, 72-4412, 72-4517 and 74-3202c and repealing the existing sections; also
repealing K.S.A. 71-1001, 71-1002 and 71-1003 and K.S.A. 1999 Supp. 71-901 and 71-902,
by Committee on Ways and Means.

 SB 658, An act concerning hazardous waste; amending K.S.A. 65-3433, 65-3439, 65-3445
and 65-3458 and K.S.A. 1999 Supp. 65-3430, 65-3431 and 65-3441 and repealing the existing
sections, by Committee on Federal and State Affairs.

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

   Federal and State Affairs: HB 2687.

 Ways and Means: SB 655, 656.

MESSAGE FROM THE HOUSE
 Announcing passage of SB 190, as amended.

ORIGINAL MOTION
 Pursuant to Senate Rule 75, President Bond determined SB 389, as amended by the
House, to be materially changed.

 President Bond then rereferred the bill to the Committee on Elections and Local
Government.

CONFIRMATION OF APPOINTMENTS
 In accordance with Senate Rule 56, the following appointment, submitted by the
Governor to the senate for confirmation, was considered.

 Senator Emert moved the following appointment be confirmed as recommended by the
Standing Senate Committee:

  On the appointment to the:

Kansas Army National Guard:

 Brigadier General Jonathan Small, to serve at the pleasure of the Governor.

 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,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The appointment was confirmed.

   President Bond introduced family members and special guests of Colonel Small. Family
members included his wife, Georgia; his son, Arron and wife Cathy; daughter Jennie and
her finance Seth and his parents Edward and Agnes Small.

 Special guests in the chamber were Governor Bill Graves, Major General Greg Gardner,
Adjutant General of Kansas; LTG (Ret.) Robert Arter, Chairman, Kansas Military Board;
Retired Brigadier General Ron Tincher; Former Representative and Retired Colonel Dick
Eckert and Francine Hines, member of the Kansas Military Board.

REPORTS OF STANDING COMMITTEES
 Committee on Elections and Local Government recommends HB 2844, 2928 be
passed and, because the committee is of the opinion that the bills are of a noncontroversial
nature, be placed on the consent calendar.

 Also, HB 2854 be amended on page 1, in line 40, after ``is ________'' by inserting
``(month/day/year).''; and the bill be passed as amended.

 Committee on Financial Institutions and Insurance recommends SB 549 be passed.

 Committee on Utilities recommends HB 2826, as amended by House Committee, be
passed.

 Committee on Ways and Means recommends SB 266 be passed.

Also, SB 381, be amended by adoption of the amendments recommended by the Senate
Committee on Education as reported in the Journal of the Senate on February 22, 2000,
and the bill, as printed with amendments by Senate Committee, be passed.

 HB 2660, as amended by House Committee, be amended on page 6, preceding line 7,
by inserting new material as follows: ``There is appropriated from the state general fund for
the murder of Stephanie Schmidt on June 30, 1993, by Donald Gideon, a coworker of the
victim and a parolee, to the following claimants:

Gene, Peggy and Jennifer Schmidt, 3416 S. 122nd Terrace, Leawood, KS 66209, c/o James F. Adler, Attorney at Law, P.O. Box 8712, 9233 Ward Parkway, Suite #240, Kansas City, MO 64114$50,000'';
 Also on page 6, in line 7, preceding ``The'' by inserting ``(b)'';

 And by relettering the remaining subsections accordingly;

 Also on page 6, in line 31, by striking ``5,681.00'' and inserting ``7,944.00'';

 On page 8, in line 14, by striking ``operating expenditi-''; in line 15, by striking all preceding
``fund'' and inserting ``court cost''; in line 21, by striking ``83,333.33'' and inserting
``66,666.67''; in line 30, by striking ``83,333.34'' and inserting ``66,666.67''; in line 31, by
striking all after ``(c)''; by striking all in line 32, in line 33, by striking all preceding ``fund''
and inserting ``There is appropraited from the state general''; in line 39, by striking
``83,333.34'' and inserting ``66,666.66''; and the bill be passed as amended.

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
Morris in the chair.

 On motion of Senator Morris the following report was adopted:

   Recommended SB 382, 546; HB 2652, 2701, 2756 be passed.

 SB 432, 492, 620, 634, 640; HB 2641 be amended by adoption of the committee
amendments, and the bills be passed as amended.

 HCR 5059 be amended by motion of Senator Lee on page 1, in line 32, by striking ``:
Now, therefore,'' and inserting a semicolon; also on page 1 following line 32, by inserting
the following;

      ``WHEREAS,  Although Kansas economy has shown sustained growth in the 1990's,
recent reports since the last census reveal a widening gap in income disparity between high
income families and both middle and low income families in Kansas during the 1980's to
the 1990's; and

      WHEREAS,  A 1998 study by KTEC reveals that the income disparity between high
income families and both the middle and low income families has worsened during the
1990's: Now therefore,''

      On page 2, in line 1, following ``disadvantage'' by inserting ``and of the increasing income
disparity in the state''; in line 4, before the semicolon, by inserting ``and proposed strategies
to lessen the income disparity between high income families and both middle and low
income families'';

      On page 1, in the title, in line 11 before the period, by inserting ``and growing income
disparity'', and HCR 5059 be adopted as amended.

 HB 2655 be amended by adoption of the committee amendments, be further amended
by motion of Senator Lawrence as amended by Senate Committee, on page 10, in line 4,
after ``accounts'' by inserting ``and reports'', and HB 2655 be passed as further amended.

   HB 2862 be amended by adoption of the committee amendments, be further amended
by motion of Senator Oleen as amended by Senate Committee, on page 3, following line
23, by inserting a new section as follows:

      ``Sec.  4. K.S.A. 1999 Supp. 72-8302 is hereby amended to read as follows: 72-8302. (a)
The board of education of a school district may provide or furnish transportation for pupils
who are enrolled in the school district to or from any school of the school district or to or
from any school of another school district attended by such pupils in accordance with the
provisions of an agreement entered into under authority of K.S.A. 72-8233, and amendments
thereto.

      (b)  (1) When any or all of the conditions specified in this provision exist, the board of
education of a school district shall provide or furnish transportation for pupils who reside
in the school district and who attend any school of the school district or who attend any
school of another school district in accordance with the provisions of an agreement entered
into under authority of K.S.A. 72-8233, and amendments thereto. The conditions which
apply to the requirements of this provision are as follows:

      (A) The residence of the pupil is inside or outside the corporate limits of a city, the
school building attended is outside the corporate limits of a city and the school building
attended is more than 21/2 miles by the usually traveled road from the residence of the pupil;
or

      (B) the residence of the pupil is outside the corporate limits of a city, the school building
attended is inside the corporate limits of a city and the school building attended is more
than 21/2 miles by the usually traveled road from the residence of the pupil; or

      (C) the residence of the pupil is inside the corporate limits of one city, the school
building attended is inside the corporate limits of a different city and the school building
attended is more than 21/2 miles by the usually traveled road from the residence of the pupil.

      (2) The provisions of this subsection are subject to the provisions of subsections (c) and
(d).

      (c) The board of education of every school district is authorized to adopt rules and
regulations to govern the conduct, control and discipline of all pupils while being transported
in school buses. The board may suspend or revoke the transportation privilege or entitlement
of any pupil who violates any rules and regulations adopted by the board under authority
of this subsection.

      (d) The board of education of every school district may suspend or revoke the
transportation privilege or entitlement of any pupil who is detained at school at the
conclusion of the school day for violation of any rules and regulations governing pupil
conduct or for disobedience of an order of a teacher or other school authority. Suspension
or revocation of the transportation privilege or entitlement of any pupil specified in this
subsection shall be limited to the school day or days on which the pupil is detained at school.
The provisions of this subsection do not apply to any pupil who has been determined to be
an exceptional child, except gifted children, under the provisions of the special education
for exceptional children act.

      (e)  (1) Subject to the limitations specified in this subsection, the board of education of
any school district may prescribe and collect fees to offset, totally or in part, the costs
incurred for the provision or furnishing of transportation for pupils. The limitations which
apply to the authorization granted by this subsection are as follows:
      (A) Fees for the provision or furnishing of transportation for pupils shall be prescribed
and collected only to recover the costs incurred as a result of and directly attributable to the
provision or furnishing of transportation for pupils and only to the extent that such costs
are not reimbursed from any other source provided by law;
      (B) fees for the provision or furnishing of transportation may not be assessed against or
collected from any pupil who is counted in determining the transportation weighting of the
school district under the provisions of the school district finance and quality performance
act or any pupil who is determined to be a child with disabilities under the provisions of the
special education for exceptional children act or any pupil who is eligible for free or reduced
price meals under the national school lunch act or any pupil who is entitled to transportation
under the provisions of subsection (a) of K.S.A. 72-8306, and amendments thereto, and who
resides 21/2 miles or more by the regular route of a school bus from the school attended;
      (C) fees for the provision or furnishing of transportation for pupils in accordance with
the provisions of an agreement entered into under authority of K.S.A. 72-8233 or 72-8307,
and amendments thereto, shall be controlled by the provisions of the agreement.
      (2) All moneys received by a school district from fees collected under this subsection
shall be deposited in the transportation fund of the district.'';

      By renumbering sections 4 and 5 as sections 5 and 6, respectively;

      Also on page 3, in line 24, after the comma, by inserting ``72-8302,'';

      In the title, in line 11, by striking ``nonresident''; in line 12, after the comma, by inserting
``72-8302,'', and HB 2862 be passed as further amended.

 HB 2659, 2832 be passed over and retain a place on the calendar.

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

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.