March 23, 2000

Journal of the Senate

FIFTY-SECOND DAY ______

Senate Chamber, Topeka, Kansas

Thursday, March 23, 2000--9:30 a.m.

The Senate was called to order by Vice-President Alicia L. Salisbury.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

Research has discovered some basic principles which underlie the thinking of our
founding fathers. Here are some of them.

God guides and controls the universe and the affairs of mankind.

God has revealed His truth through the Holy Scriptures.

People are not perfect beings.

God has ordained human government to restrain the sinful nature of man.

Governments are formed by covenant or compact of the people in order to safeguard
human rights.

Governments have only such powers as are delegated to them by the people.

The best way to prevent governments from usurping power is to separate their powers
and functions into legislative, executive and judicial branches.

Human nature being what it is, a free enterprise economy is the best way to give people
an incentive to produce and develop national prosperity.

Thank You, Lord, for calling men as founders of our nation who adhere to principles
that are either derived from, or compatible with, Christianity and the Bible.

I pray this in Jesus' Name,

AMEN

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

Agriculture: HCR 5063

Public Health and Welfare: HB 3005.

MESSAGE FROM THE GOVERNOR
SB 500, 564 approved on March 23, 2000.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Oleen the Senate nonconcurred in the House amendments to SB
238 and requested a conference committee be appointed.

The Vice-President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.

On motion of Senator Ranson the Senate nonconcurred in the House amendments to H
Sub for Sub for Sub SB 257 and requested a conference committee be appointed.

The Vice-President appointed Senators Ranson, Clark and Barone as a conference
committee on the part of the Senate.

On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
425 and requested a conference committee be appointed.

The Vice-President appointed Senators Emert, Pugh and Goodwin as a conference
committee on the part of the Senate.

On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
483 and requested a conference committee be appointed.

The Vice-President appointed Senators Emert, Vratil and Goodwin as a conference
committee on the part of the Senate.

On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 510 and requested a conference committee be appointed.

The Vice-President appointed Senators Praeger, Salmans and Steineger as a conference
committee on the part of the Senate.

On motion of Senator Corbin the Senate nonconcurred in the House amendments to H
Sub SB 568 and requested a conference committee be appointed.

The Vice-President appointed Senators Corbin, Morris and Biggs as a conference
committee on the part of the Senate.

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
Bleeker in the chair.

On motion of Senator Bleeker the following report was adopted:

Recommended HB 2975 be passed.

HB 2759 be amended by adoption of the committee amendments, and the bill be passed
as amended.

HB 2757 be amended by motion of Senator Vratil on page 1, line 17, by inserting after
the word ``assistance'' the words ``without compensation'' and on page one, lines 31 and 32,
by striking the words ``or elsewhere'' and substituting the words ``and health care facility.'',
and HB 2759 be passed as amended.

SB 635 be amended by adoption of the committee amendments, be further amended by
motion of Senator Kerr as amended by Senate Committee, on page 8, preceding line 11,
by inserting the following:

``Sec. 10. K.S.A. 75-1123 is hereby amended to read as follows: 75-1123. In conducting
examinations and audits provided for by K.S.A. 10-1208, 12-866~~, 13-1243, 13-14d12~~ or 75-
1122, and amendments thereto, the licensed municipal public accountant or certified public
accountant so engaged shall follow the municipal audit guide, or the applicable portions
thereof, ~~prescribed by the director of accounts and reports. The municipality so audited~~
~~shall install and put such standardized accounting system into effect as soon as possible after~~
~~such audit~~ referenced by rule and regulation of the board of accountancy.'';

And by renumbering sections accordingly;

In the title, in line 11, after ``75-1122,'' by inserting ``75-1123,''; in line 14, by striking
``75-1123,'', and SB 635 be passed as further amended.

S Sub for HB 2005 be amended by adoption of the committee report recommending a
substitute bill, be amended by motion of Senator Steffes on page 8, in line 34, after the
stricken material, by inserting the following: ``Any company organized pursuant to this
section which states its liabilities for losses and loss adjustment expenses on a present value
basis on the effective date of this act shall be allowed a reasonable period of time to
discontinue such practice in accordance with a plan approved by the commissioner.'';

In the title, in line 14, by striking ``, 40-2a23 and 40-''; in line 15, by striking ``2b22''; in
line 17, by striking ``and 40-2b14'' and inserting ``, 40-2a23, 40-2b14 and 40-2b22'', and S
Sub for HB 2005 be passed as amended.

S Sub for HB 2627 be amended by adoption of the committee report recommending a
substitute bill, be amended by motion of Senator Hardenburger on page 4, in line 8, by
striking ``an'' and inserting ``at'';

On page 7, in line 32, by striking ``5'' and inserting ``4''; also in line 32, by striking ``6''
and inserting ``5''

Senator Hensley moved to amend S Sub for HB 2627 on page 7, following line 36, by
inserting:

``New Sec. 7. (a) This section shall be known and may be cited as the private attorney
retention sunshine act.

(b) For the purposes of this section:

(1) ``Contract for legal services'' means a contract in which a fee is paid to an attorney
or firm of attorneys, in the form of a flat, hourly or contingent fee and any expenses of such
attorney or such firm of attorneys.

(2) ``State agency'' means any state office, officer, department, board, commission,
institution, bureau, agency, authority, state agent or any division of a state agency.

(c) Except as provided by K.S.A. 75-3739, and amendments thereto, any state agency
that wishes to enter into a contract for legal services under this section with an attorney or
a firm of attorneys to perform legal services on behalf of this state, which contract is
reasonably expected by the state agency to result in legal fees of $7,500 or more, shall not
do so until an open and competitive bidding process has been undertaken. The competitive
bidding process under this section means that the state agency, unless otherwise required
by law, shall select at least two qualified attorneys or firms of attorneys based upon the
attorney's or firm's experience with similar litigation, expertise generally, the number of
qualified attorneys of such firm, if the number of qualified attorneys is a relevant factor with
respect to the proposed legal services, and such other factors as the secretary of
administration may specify by rules and regulations. The state agency shall select from
among such attorneys or firms the attorney or firm which submits the lowest hourly rate
bid or total cost to provide such services.

(d) Prior to entering a contract for legal services where the amount of the fees and
expenses paid to an attorney or firm of attorneys exceeds or may exceed $1,000,000, the
state agency shall submit the proposed contract to the legislative budget committee. Within
30 days after submission of such contract, the committee may hold a public hearing on the
proposed contract and shall issue a report to the state agency submitting the contract. The
report shall include any proposed changes to the proposed contract suggested by the
committee. The state agency shall review the report and adopt a final contract as deemed
appropriate in view of the report and shall file the final contract with the legislative budget
committee.

If the proposed contract does not contain the changes proposed by the committee, the
state agency shall submit with the final contract a letter stating the reasons why such
proposed changes were not adopted. The state agency shall not enter into the final contract
until at least 45 days after the date of submission of the final contract to the legislative
budget committee.

If the legislative budget committee makes no suggested changes to the proposed contract
or fails to report any suggested changes within 60 days of the submission of the proposed
contract to such committee, the state agency may enter into the contract.

(e) At the conclusion of any legal proceeding for which a state agency retained an
attorney or firm of attorneys on a contingency fee basis, such attorney or firm shall submit
a statement disclosing the hours worked on the case, expenses incurred, the aggregate fee
amount and a breakdown as to the hourly rate, based on hours worked divided into fee
recovered, less expenses.

(f) (1) Except as provided in paragraph (2) of this subsection, a state agency shall not
pay any fees or expenses in excess of $1,000 per hour for legal services. In cases where a
disclosure statement submitted pursuant to subsection (f) indicates an hourly rate in excess
of $1,000 per hour, the fee amount shall be reduced to an amount equivalent to $1,000 per
hour.

(2) The limitation imposed under paragraph (1) of this subsection, shall not apply to
payments under a contract for legal services which are paid on a contingency fee basis.

(g) Nothing in this section shall be construed to expand the authority of any state agency
to enter into contracts where no such authority previously existed.'';

By renumbering sections accordingly

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 22, Nays 18, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Donovan, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Lee, Petty, Pugh,
Steineger, Stephens, Tyson.

Nays: Becker, Bond, Corbin, Emert, Hardenburger, Kerr, Langworthy, Lawrence,
Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.

The motion carried and the amendment was adopted.

The Committee recommended S Sub for HB 2627 be passed as amended.

S Sub for HB 2945 be amended by adoption of the committee report recommending a
substitute bill, be amended by motion of Senator Feleciano on page 1, in line 32, by striking
``17'' and inserting ``18''; in line 41, by striking ``who''; in line 43, by striking ``who'';

On page 2, in line 1, by striking ``who''; in line 2, by inserting ``One member shall be
recommended by the Kansas association of chiefs of police.'', and S Sub for HB 2945 be
passed as amended.

HB 2103; Sub HB 2702 be passed over and retain a place on the calendar.

On motion of Senator Emert, the Senate recessed until 1:30 p.m.

______ Afternoon Session The Senate met pursuant to recess with President Bond in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:

SB 669, An act concerning state agencies; acquisition of office space in nonstate-owned
buildings and facilities; prescribing powers, duties and functions for the department of
administration, by Committee on Federal and State Affairs.

CHANGE OF REFERENCE
The President withdrew HB 2103, 2727 from the calendar under the heading of General
Orders and referred the bills to the Committee on Ways and Means.

MESSAGE FROM THE HOUSE
Announcing passage of HB 2678, 2814, 3007, 3011.

Adoption of HCR 5070.

Also, passage of SB 526, 540.

Passage of SB 40, as amended by House Substitute SB 40; SB 248, as amended, 393,
as amended, 410, as amended, 447, as amended, 471, as amended, 475, as amended, 502,
as amended, 514, as amended.

Adoption of SCR 1636.

The House accedes to the request of the Senate for conference on SB 512 and has
appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.

The House accedes to the request of the Senate for a conference on SB 574 and has
appointed Representatives Tomlinson, Myers and Phelps as conferees on the part of the
House.

Announcing rejection of SB 521.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2678, 2814, 3007, 3011; HCR 5070 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Morris moved the Senate concur in house amendments to SB 531.

SB 531, An act concerning eggs; amending K.S.A. 2-2501, 2-2502, 2-2503, 2-2504, 2-
2505, 2-2506, 2-2507 and 2-2508 and repealing the existing sections.

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 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 Corporation Commission:

John R. Wine, term expires March 15, 2004.

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.

On the appointment to the:

University of Kansas Hospital Authority:

Eric Jager, term expires January 15, 2002.

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.

On the appointment to the:

University of Kansas Hospital Authority:

Charlie Sunderland, term expires January 15, 2002.

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.

REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends HB 2037, as amended by House
Committee, be amended on page 1, by striking all in lines 16 through 43;

By striking all on pages 2 through 13;

On page 14, before line 1, by inserting the following;

``Section 1. K.S.A. 1999 Supp. 12-2536 is hereby amended to read as follows: 12-2536.
The Kansas and Missouri metropolitan culture district compact is hereby enacted into law
and entered into by the state of Kansas with the state of Missouri legally joining therein, in
the form substantially as follows:

Kansas and Missouri Metropolitan
Culture District Compact
Article I.--Agreement and Pledge
The states of Kansas and Missouri agree to and pledge, each to the other, faithful cooperation in the future planning and development of the metropolitan culture district,
holding in high trust for the benefit of its people and of the nation, the special blessings
and natural advantages thereof.

Article II.--Policy and Purpose
The party states, desiring by common action to fully utilize and improve their cultural facilities, coordinate the services of their cultural organizations, enhance the cultural
activities of their citizens, and achieve solid financial support for such cultural facilities,
organizations and activities, declare that it is the policy of each state to realize such desires
on a basis of cooperation with one another, thereby serving the best interests of their
citizenry and effecting economies in capital expenditures and operational costs. The purpose
of this compact is to provide for the creation of a metropolitan culture district as the means
to implementation of the policy herein declared with the most beneficial and economical
use of human and material resources.

Article III.--Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) ``Metropolitan culture district'' means a political subdivision of the states of Kansas
and Missouri which is created under and pursuant to the provisions of this compact and
which is composed of the counties in the states of Kansas and Missouri which act to create
or to become a part of the district in accordance with the provisions of Article IV.

(b) ``Commission'' means the governing body of the metropolitan culture district.

(c) ``Cultural activities'' means sports or activities which contribute to or enhance the
aesthetic, artistic, historical, intellectual or social development or appreciation of members
of the general public.

(d) ``Cultural organizations'' means nonprofit and tax exempt social, civic or community
organizations and associations which are dedicated to the development, provision, operation,
supervision, promotion or support of cultural activities in which members of the general
public may engage or participate.

(e) ``Cultural facilities'' means facilities operated or used for sports or participation or
engagement in cultural activities by members of the general public.

Article IV.--The District
(a) The counties in Kansas and Missouri eligible to create and initially compose the metropolitan culture district shall be those counties which meet one or more of the following
criteria: (1) The county has a population in excess of 300,000, and is adjacent to the state
line; (2) the county contains a part of a city with a population according to the most recent
federal census of at least 400,000; or (3) the county is contiguous to any county described
in provisions (1) or (2) of this subpart (a). The counties of Johnson in Kansas and Jackson
in Missouri shall be sine qua non to the creation and initial composition of the district.
Additional counties in Kansas and Missouri shall be eligible to become a part of the
metropolitan culture district if such counties are contiguous to any one or more of the
counties which compose the district and within 60 miles of the counties required by this
article to establish the district.

(b) (1) Whenever the governing body of any county which is eligible to create or
become a part of the metropolitan culture district shall determine that creation of or
participation in the district is in the best interests of the citizens of the county and that the
levy of a tax to provide on a cooperative basis with another county or other counties for

financial support of the district would be economically practical and cost beneficial to the
citizens of the county, the governing body may adopt by majority vote a resolution
authorizing the same.

(2) Whenever a petition, signed by not less than the number of qualified electors of an
eligible county equal to 5% of the number of ballots cast and counted at the last preceding
gubernatorial election held in the county and requesting adoption of a resolution authorizing
creation of or participation in the metropolitan culture district and the levy of a tax for the
purpose of contributing to the financial support of the district, is filed with the governing
body of the county, the governing body shall adopt such a resolution.

(3) Implementation of a resolution adopted under this subpart (b) shall be conditioned
upon approval of the resolution by a majority of the qualified electors of the county voting
at an election conducted for such purpose.

(c) (1) Upon adoption of a resolution pursuant to subpart (b)(1) or subpart (b)(2), the
governing body of the county shall request, within 36 months after adoption of the
resolution, the county election officer to submit to the qualified electors of the county the
question of whether the governing body shall be authorized to implement the resolution.
The resolution shall be printed on the ballot and in the notice of election. The question
shall be submitted to the electors of the county at the primary or general election next
following the date of the request filed with the county election officer. If a majority of the
qualified electors are opposed to implementation of the resolution authorizing creation of
or participation in the district and the levy of a tax for financial support thereof, the same
shall not be implemented. The governing body of the county may renew procedures for
authorization to create or become a part of the district and to levy a tax for financial support
thereof at any time following rejection of the question.

(2) The ballot for the proposition in any county shall be substantially the following form:

``Shall a retail sales tax of

(insert amount, not to exceed 1/4 cent)
be levied and collected in Kansas and Missouri metropolitan culturaldistrict consisting of the county(ies) of

for the (insert name of counties)
support of cultural facilities and organizations within the district?''

Yes
No

The governing body of the county may place additional language on the ballot to describe
the use or allocation of the funds.

(d) (1) The metropolitan culture district shall be created when implementation of a
resolution authorizing the creation of the district and the levy of a tax for contribution to
the financial support thereof is approved by respective majorities of the qualified electors
of at least Johnson county, Kansas, and Jackson county, Missouri.

(2) When implementation of a resolution authorizing participation in the metropolitan
culture district and the levy of a tax for contribution to the financial support thereof is
approved by a majority of the qualified electors of any county eligible to become a part of
the district, the governing body of the county shall proceed with the performance of all
things necessary and incidental to participation in the district.

(3) Any question for the levy of a tax submitted after July 1, 2000, may be submitted to
the electors of the county at the primary or general election next following the date of the
request filed with the county election officer; at a special election called and held as otherwise
provided by law; at an election called and held on the first Tuesday after the first Monday
in February, except in presidential election years; at an election called and held on the first
Tuesday after the first Monday in March, June, August or November; or at an election called
and held on the first Tuesday in April, except that no question for a tax levy may be submitted
to the electors prior to January 1, 2002.

(4) No question shall be submitted to the electors authorizing the levy of a tax the
proceeds of which will be exclusively dedicated to sports or sports facilities.

(e) Any of the counties composing the metropolitan culture district may withdraw from
the district by adoption of a resolution and approval of the resolution by a majority of the
qualified electors of the county, all in the same manner provided in this Article IV for
creating or becoming a part of the metropolitan culture district. The governing body of a

withdrawing county shall provide for the sending of formal written notice of withdrawal
from the district to the governing body of the other county or each of the other counties
comprising the district. Actual withdrawal shall not take effect until 90 days after notice has
been sent. A withdrawing county shall not be relieved from any obligation which such county
may have assumed or incurred by reason of being a part of the district, including, but not
limited to, the retirement of any outstanding bonded indebtedness of the district.

Article V.--The Commission
(a) The metropolitan culture district shall be governed by the metropolitan culture commission which shall be a body corporate and politic and which shall be composed of
resident electors of the states of Kansas and Missouri, respectively, as follows: (1) A member
of the governing body of each county which is a part of the district, who shall be appointed
by majority vote of such governing body; (2) a member of the governing body of each city,
with a population according to the most recent federal census of at least 50,000, located in
whole or in part within each county which is a part of the district, who shall be appointed
by majority vote of such governing body; ~~and~~ (3) two members of the governing body of a
county with a consolidated or unified county government and city of the first class which is
a part of the district, who shall be appointed by majority vote of such governing body; ~~(3)~~
(4) a member of the arts commission of Kansas or the Kansas commission for the humanities,
who shall be appointed by the governor of Kansas; and (5) a member of the arts commission
of Missouri or the Missouri humanities council, who shall be appointed by the governor of
Missouri. To the extent possible, the gubernatorial appointees to the commission shall be
residents of the district. The term of each commissioner initially appointed by a county
governing body shall expire concurrently with such commissioner's tenure as a county officer
or three years after the date of appointment as a commissioner, whichever occurs sooner.
The term of each commissioner succeeding a commissioner initially appointed by a county
governing body shall expire concurrently with such successor commissioner's tenure as a
county officer or four years after the date of appointment as a commissioner, whichever
occurs sooner. The term of each commissioner initially appointed by a city governing body
shall expire concurrently with such commissioner's tenure as a city officer or two years after
the date of appointment as a commissioner, whichever occurs sooner. The term of each
commissioner succeeding a commissioner initially appointed by a city governing body shall
expire concurrently with such successor commissioner's tenure as a city officer or four years
after the date of appointment as a commissioner, whichever occurs sooner. The term of
each commissioner appointed by the governor of Kansas or the governor of Missouri shall
expire concurrently with the term of the appointing governor, the commissioner's tenure as
a state officer, or four years after the date of appointment as a commissioner of the district,
whichever occurs sooner. Any vacancy occurring in a commissioner position for reasons
other than expiration of terms of office shall be filled for the unexpired term by appointment
in the same manner that the original appointment was made. Any commissioner may be
removed for cause by the appointing authority of the commissioner.

(b) The commission shall select annually, from its membership, a chairperson, a vice-
chairperson, and a treasurer. The treasurer shall be bonded in such amounts as the
commission may require.

(c) The commission may appoint such officers, agents and employees as it may require
for the performance of its duties, and shall determine the qualifications and duties and fix
the compensation of such officers, agents and employees.

(d) The commission shall fix the time and place at which its meetings shall be held.
Meetings shall be held within the district and shall be open to the public. Public notice shall
be given of all meetings.

(e) A majority of the commissioners from each state shall constitute, in the aggregate,
a quorum for the transaction of business. No action of the commission shall be binding
unless taken at a meeting at which at least a quorum is present, and unless a majority of the
commissioners from each state, present at such meeting, shall vote in favor thereof. No
action of the commission taken at a meeting thereof shall be binding unless the subject of
such action is included in a written agenda for such meeting, the agenda and notice of

meeting having been mailed to each commissioner by postage paid first-class mail at least
14 calendar days prior to the meeting.

(f) The commissioners from each state shall be subject to the provisions of the laws of
the states of Kansas and Missouri, respectively, which relate to conflicts of interest of public
officers and employees. If any commissioner has a direct or indirect financial interest in any
cultural facility, organization or activity supported by the district or commission or in any
other business transaction of the district or commission, the commissioner shall disclose
such interest in writing to the other commissioners and shall abstain from voting on any
matter relating to such facility, organization or activity or to such business transaction.

(g) If any action at law or equity, or other legal proceeding, shall be brought against any
commissioner for any act or omission arising out of the performance of duties as a
commissioner, the commissioner shall be indemnified in whole and held harmless by the
commission for any judgment or decree entered against the commissioner and, further, shall
be defended at the cost and expense of the commission in any such proceeding.

Article VI.--Powers and Duties of the Commission
(a) The commission shall adopt a seal and suitable bylaws governing its management and procedure.

(b) The commission has the power to contract and to be contracted with, and to sue
and to be sued.

(c) The commission may receive for any of its purposes and functions any contributions
or moneys appropriated by counties or cities and may solicit and receive any and all
donations, and grants of money, equipment, supplies, materials and services from any state
or the United States or any agency thereof, or from any institution, foundation, organization,
person, firm or corporation, and may utilize and dispose of the same.

(d) Upon receipt of recommendations from the advisory committee provided in
subsection (g), the commission may provide donations, contributions and grants or other
support, financial or otherwise, for or in aid of cultural organizations, facilities or activities
in counties which are part of the district. In determining whether to provide any such support
the commission shall consider the following factors:

(1) Economic impact upon the district;

(2) cultural benefit to citizens of the district and to the general public;

(3) contribution to the quality of life and popular image of the district;

(4) contribution to the geographical balance of cultural facilities and activities within
and outside the district;

(5) the breadth of popular appeal within and outside the district;

(6) the needs of the community as identified in an objective cultural needs assessment
study of the metropolitan area; and

(7) any other factor deemed appropriate by the commission.

(e) The commission may own and acquire by gift, purchase, lease or devise cultural
facilities within the territory of the district. The commission may plan, construct, operate
and maintain and contract for the operation and maintenance of cultural facilities within
the territory of the district. The commission may sell, lease or otherwise dispose of cultural
facilities within the territory of the district.

(f) At any time following five years from and after the creation of the metropolitan
cultural district as provided in paragraph (1) of subsection (d) of article IV, the commission,
may borrow moneys for the planning, construction, equipping, operation, maintenance,
repair, extension, expansion, or improvement of any cultural facility and, in that regard, the
commission at such time may:

(1) Issue notes, bonds or other instruments in writing of the commission in evidence of
the sum or sums to be borrowed. No notes, bonds or other instruments in writing shall be
issued pursuant to this subsection until the issuance of such notes, bonds or instruments
has been submitted to and approved by a majority of the qualified electors of the district
voting at an election called and held thereon. Such election shall be called and held in the
manner provided by the general bond law;

(2) issue refunding notes, bonds or other instruments in writing for the purpose of
refunding, extending or unifying the whole or any part of its outstanding indebtedness from

time to time, whether evidenced by notes, bonds or other instruments in writing. Such
refunding notes, bonds or other instruments in writing shall not exceed in amount the
principal of the outstanding indebtedness to be refunded and the accrued interest thereon
to the date of such refunding;

(3) provide that all notes, bonds and other instruments in writing issued hereunder shall
or may be payable, both as to principal and interest, from sales tax revenues authorized
under this compact and disbursed to the district by counties comprising the district,
admissions and other revenues collected from the use of any cultural facility or facilities
constructed hereunder, or from any other resources of the commission, and further may be
secured by a mortgage or deed of trust upon any property interest of the commission; and

(4) prescribe the details of all notes, bonds or other instruments in writing, and of the
issuance and sale thereof. The commission shall have the power to enter into covenants with
the holders of such notes, bonds or other instruments in writing, not inconsistent with the
powers granted herein, without further legislative authority.

(g) The commission shall appoint an advisory committee composed of members of the
general public consisting of an equal number of persons from both the states of Kansas and
Missouri who have demonstrated interest, expertise, knowledge or experience in cultural
organizations or activities. The advisory committee shall make recommendations annually
to the commission regarding donations, contributions and grants or other support, financial
or otherwise, for or in aid of cultural organizations, facilities and activities in counties which
are part of the district.

(h) The commission may provide for actual and necessary expenses of commissioners
and advisory committee members incurred in the performance of their official duties.

(i) The commission shall cause to be prepared annually a report on the operations and
transactions conducted by the commission during the preceding year. The report shall be
submitted to the legislatures and governors of the compacting states, to the governing bodies
of the counties comprising the district, and to the governing body of each city that appoints
a commissioner. The commission shall publish the annual report in the official county
newspaper of each of the counties comprising the district.

(j) The commission has the power to apply to the congress of the United States for its
consent and approval of the compact. In the absence of the consent of congress and until
consent is secured, the compact is binding upon the states of Kansas and Missouri in all
respects permitted by law for the two states, without the consent of congress, for the
purposes enumerated and in the manner provided in the compact.

(k) The commission has the power to perform all other necessary and incidental
functions and duties and to exercise all other necessary and appropriate powers not
inconsistent with the constitution or laws of the United States or of either of the states of
Kansas or Missouri to effectuate the same.

Article VII.--Finance
(a) The moneys necessary to finance the operation of the metropolitan culture district and the execution of the powers, duties and responsibilities of the commission shall be
appropriated to the commission by the counties comprising the district. The moneys to be
appropriated to the commission shall be raised by the governing bodies of the respective
counties by the levy of taxes as authorized by the legislatures of the respective party states.

(b) The commission shall not incur any indebtedness or obligation of any kind; nor shall
the commission pledge the credit of either or any of the counties comprising the district or
either of the states party to this compact, except as authorized by article VI. The budget of
the district shall be prepared, adopted and published as provided by law for other political
subdivisions of the party states. No budget shall be adopted by the commission until it has
been submitted to and reviewed by the governing bodies of the counties comprising the
district and the governing body of each city represented on the commission.

(c) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be audited yearly by a certified or
licensed public accountant and the report of the audit shall be included in and become part
of the annual report of the commission.

(d) The accounts of the commission shall be open at any reasonable time for inspection
by duly authorized representatives of the compacting states, the counties comprising the
district, the cities that appoint a commissioner, and other persons authorized by the
commission.

Article VIII.--Entry into Force
(a) This compact shall enter into force and become effective and binding upon the states of Kansas and Missouri when it has been enacted into law by the legislatures of the respective
states.

(b) Amendments to the compact shall become effective upon enactment by the
legislatures of the respective states.

Article IX.--Termination
This compact shall continue in force and remain binding upon a party state until its legislature shall have enacted a statute repealing the same and providing for the sending of
formal written notice of enactment of such statute to the legislature of the other party state.
Upon enactment of such a statute by the legislature of either party state, the sending of
notice thereof to the other party state, and payment of any obligations which the
metropolitan culture district commission may have incurred prior to the effective date of
such statute, including, but not limited to, the retirement of any outstanding bonded
indebtedness of the district, the agreement of the party states embodied in the compact
shall be deemed fully executed, the compact shall be null and void and of no further force
or effect, the metropolitan culture district shall be dissolved, and the metropolitan culture
district commission shall be abolished.

Article X.--Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the
constitution of either of the party states or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of either of the states party thereto, the compact shall thereby be nullified and
voided and of no further force or effect.

Sec. 2. K.S.A. 1999 Supp. 12-2536 is hereby repealed.'';

In the title, in line 10, by striking all after ``ACT''; by striking all in lines 11 through 13
and inserting ``amending and supplementing the Kansas and Missouri metropolitan culture
district compact; amending K.S.A. 1999 Supp. 12-2536 and repealing the existing section.'';
and the bill be passed as amended.

Committee on Energy and Natural Resources recommends Substitute for HB 2144
be amended on page 2, in line 18, after ``provide'' by inserting ``at least two of''; in line 19,
by striking the last ``or''; in line 20, after ``storage'' by inserting ''; or (C) increased or
restoration of recreation features''; after line 33, by inserting:

``Sec. 3. K.S.A. 82a-1604 is hereby amended to read as follows: 82a-1604. (a) The state
may participate with a sponsor in the development, construction or renovation of a class I
multipurpose small lake project if the sponsor has a general plan which has been submitted
to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-
1214, and amendments thereto. If the Kansas water office determines that additional public
water supply storage shall be needed in that area of the state within 20 years from the time
such project is to be completed and a water user is not available to finance public water
supply storage, the state may include public water supply storage in the project. The Kansas
water office shall apply for a water appropriation right sufficient to insure a dependable
yield from the public water supply storage. The Kansas water office shall be exempt from
all applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto,
for such applications.

(b) The sponsor of such class I project shall be responsible for acquiring land rights
and for the costs of operation and maintenance of such project. The sponsor participating
in the construction of recreation features of a project shall pay for that portion of the project
attributable to recreation. The state may provide up to 50% of the engineering and
construction costs and up to 50% of the costs of land rights associated with recreation
features. Subject to the provisions of ~~subsection (a)~~ subsections (a) and (c), the state may
pay up to 100% of the engineering and construction costs of flood control and public water
supply storage. All other costs of such project, including land, construction, operation and
maintenance shall be paid by the sponsor.

(c) The state shall not participate in the costs of public water supply storage in a
renovation project unless the Kansas water office determines that renovation is the most cost
effective alternative for such storage. The state shall be authorized to pay only up to 50% of
the engineering and construction costs of public water supply storage in such a renovation
project.

(d) The Kansas water office may recover the state's costs incurred in providing public
water supply storage in ~~such~~ a new class I project by selling such storage and the associated
water rights.

Sec. 4. K.S.A. 82a-1605 is hereby amended to read as follows: 82a-1605. (a) The state
may participate with a sponsor in the development, construction or renovation of a class II
multipurpose small lake project if the sponsor has a general plan which has been submitted
to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-
1214, and amendments thereto. If the Kansas water office determines that additional public
water supply storage shall be needed in that area of the state within 20 years from the time
such project is to be completed and a water user is not available to finance public water
supply storage, the state may include public water supply storage in the project. The Kansas
water office shall apply for a water appropriation right sufficient to insure a dependable
yield from public water supply storage. The Kansas water office shall be exempt from all
applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for
such applications.

(b) In a class II project, the state may assume initial financial obligations for public
water supply storage in watersheds by entering into long-term contracts with the federal
government. In order to provide security to the federal government, the state may grant
assignments of water rights, either appropriation rights or water reservation rights;
assignments of rights under existing or prospective water purchase contracts; assignments,
mortgages or other transfers of interests in real property held by the state and devoted to
the specific small lake project for which security is sought; or may provide other security
that is permissible under state law and acceptable by the federal government. Instead of
contracting to repay costs under long-term contracts, the state may pay all of the required
costs of the public water supply storage in a lump sum.

(c) The sponsor of such class II project shall be responsible for acquiring land rights
and for the costs of operation and maintenance of such project. The sponsor participating
in the construction of recreation features of a project shall pay for that portion of the project
attributable to recreation. The state or federal government may provide up to 50% of the
engineering and construction costs and up to 50% of the costs of land rights associated with
recreation features. The state shall not participate in the costs of public water supply storage
in a renovation project unless the Kansas water office determines that renovation is the most
cost effective alternative for such storage. The state shall be authorized to pay only up to
50% of the engineering and construction costs of public water supply storage in such a
renovation project.

(d) The Kansas water office may recover the state's costs incurred in providing public
water supply storage in ~~such~~ a new class II project by selling such storage and the associated
water rights.

Sec. 5. K.S.A. 82a-1606 is hereby amended to read as follows: 82a-1606. (a) The state
may participate with a sponsor in the development, construction or renovation of a class III
multipurpose small lake project if the sponsor has a general plan which has been submitted
to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-
1214, and amendments thereto. If public water supply storage is included in the project,

the sponsor of such class III project shall pay for 100% of the costs associated with the
public water supply storage portion of such project unless the Kansas water office
determines that additional public water supply storage shall be needed in that area of the
state within 20 years from the time such project is to be completed and a sponsor is not
available to finance 100% of the costs associated with the public water supply storage, the
state may participate in the public water supply storage costs of the project. If the state
participates in the public water supply storage costs, the Kansas water office shall apply for
a water appropriation right sufficient to insure a dependable yield from public water supply
storage. The Kansas water office shall be exempt from all applicable fees imposed pursuant
to K.S.A. 82a-701 et seq., and amendments thereto, for such applications.

(b) The sponsor of such class III project shall be responsible for acquiring land rights
and for the costs of operation and maintenance of the project. The sponsor participating in
the construction of recreation features of a project shall pay for that portion of the project
attributable to recreation. The state may provide up to 50% of the engineering and
construction costs and up to 50% of the costs of land rights associated with recreation
features. Subject to the provisions of subsections (a) and (c), the state may pay up to 100%
of the engineering and construction costs of flood control storage and public water supply
storage. All other costs of such project, including land, construction, operation and
maintenance, shall be paid by the sponsor.

(c) The state shall not participate in the costs of public water supply storage in a
renovation project unless the Kansas water office determines that renovation is the most cost
effective alternative for such storage. The state shall be authorized to pay only up to 50% of
the engineering and construction costs of public water supply storage in such a renovation
project.

(d) The Kansas water office may recover the state's costs incurred in providing public
water supply storage in ~~such~~ a new class III project, and interest on such costs, by selling
such storage and the associated water rights. Interest on such costs shall be computed at a
rate per annum which is equal to the greater of: (1) The average rate of interest earned the
past calendar year on repurchase agreements of less than 30 days' duration entered into by
the pooled money investment board, less 5%; or (2) four percent.'';

Also on page 2, by renumbering the remaining sections accordingly; in line 34, by striking
``and 82a-1603'' and inserting ``, 82a-1603, 82a-1604, 82a-1605 and 82a-1606'';

In the title, in line 10, by striking ``and 82a-1603'' and inserting ``, 82a-1603, 82a-1604,
82a-1605 and 82a-1606''; and the substitute bill be passed as amended.

Committee on Judiciary recommends HB 2224 be amended by substituting a new bill
to be designated as ``Senate Substitute for HOUSE BILL No. 2224,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2224 By Committee on Judiciary

``AN ACT concerning children; relating to juveniles; placement of child in need of care;
juvenile offenders, placement, credit for time spent, notice of release, offender
registration; juvenile correctional staff; school attendance; amending K.S.A. 38-1568 and
K.S.A. 1999 Supp. 22-4904, 38-1632, 38-1663, 38-1664, 38-1673, 38-1674, 38-1675, 38-
1676, 38-1691, 38-16,129, 72-1113 and 75-7023 and repealing the existing sections.'';

and the substitute bill be passed.

Committee on Ways and Means recommends SB 653 be amended on page 1, in line
31, before ``The'' by inserting ``(a)''; in line 35, by striking ``(a)'' and inserting ``(b)''; by striking
all in line 36; in line 37, by striking all before ``secretary''; also in line 37, after ``aging'' by
inserting: ``shall disburse moneys received from the federal government for the
intergovernmental transfer program and moneys transferred from the state general fund to
the intergovernmental transfer fund for the program''; in line 40, by striking ``state general
funds transferred to the units of government'' and inserting: ``moneys disbursed to the units
of government from moneys transferred from the state general fund to the
intergovernmental transfer fund for the program'';

On page 2, in line 1, by striking ``program'' where it appears for the last time; also in line
1, after ``methodology'' by inserting: ``prescribed for the intergovernmental transfer
program''; in line 3, by striking ``(b)'' and inserting ``(c)''; in line 8, by striking ``program

funds'' and inserting: ``moneys received under the intergovernmental transfer program''; by
striking all in lines 10 through 43;

On page 3, by striking all in lines 1 and 2 and inserting in lieu thereof the following:

``(d) (1) There is hereby established the intergovernmental transfer fund in the state
treasury which shall be administered by the secretary of aging in accordance with this act.
All expenditures from the intergovernmental transfer fund shall be to disburse the state
match amount under the intergovernmental transfer program and shall be made in
accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of aging or the secretary's designee.
Subject to the provisions of appropriation acts, when the secretary of aging determines that
an amount of federal medicaid moneys is available for the intergovernmental transfer
program, the secretary of aging shall determine the amount required as the state match and
shall certify that amount to the director of accounts and reports. Upon receipt of each such
state match certification, the director of accounts and reports shall transfer the amount
certified by revenue transfer from the state general fund to the intergovernmental transfer
fund. Upon the crediting of such state match amount in the intergovernmental transfer
fund, the secretary of aging shall disburse the amount of federal moneys and the state match
amount to the units of government that have entered into participation agreements under
the program.

(2) Each unit of government receiving a disbursement under the intergovernmental
transfer program shall reimburse the amount of money received, less the amount of the
participation fee, to the secretary of aging. Upon receipt of each amount of moneys from
participating units of government under the intergovernmental transfer program, the
secretary of aging shall deposit the entire amount in the state treasury to the credit of the
intergovernmental transfer fund. The secretary of aging shall determine the amount of each
such deposit that was transferred from the state general fund to match medicaid federal
funds under the intergovernmental transfer program and shall certify such amount to the
director of accounts and reports. Upon receipt of each such certification, the director of
accounts and reports shall retransfer the amount certified from the intergovernmental
transfer fund to the state general fund.

(e) There is hereby established the intergovernmental transfer administration fund in
the state treasury which shall be administered by the secretary of aging in accordance with
this act. All expenditures from the intergovernmental transfer administration fund shall be
to pay the costs of administering the intergovernmental transfer program and shall be made
in accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of aging or the secretary's designee.
The secretary of aging shall recover the costs of administering the intergovernmental transfer
program from the intergovernmental transfer fund by certifying the amount of such costs
to the director of accounts and reports each calendar quarter. Upon receipt of each
certification of costs from the secretary of aging under this subsection, the director of
accounts and reports shall transfer the amount certified from the intergovernmental transfer
fund to the intergovernmental transfer administration fund.

(f) After each amount of moneys is credited to the intergovernmental transfer fund and
the amount of the state match that had been transferred from the state general fund has
been transferred back to the state general fund pursuant to subsection (d)(2), and after the
transfer of the amount certified by the secretary of aging to the intergovernmental transfer
administration fund pursuant to subsection (e), if any, the director of accounts and reports
shall transfer the remaining amount in the intergovernmental transfer fund as follows:

(1) During the period from the effective date of this act through June 30, 2001, 60%
of such amount shall be transferred to the senior services trust fund established by section
3 and amendments thereto, 25% of such amount shall be transferred to the state general
fund and 15% of such amount shall be transferred to the long-term care loan fund
established by subsection (h); and

(2) after June 30, 2001, 70% of such amount shall be transferred to the senior services
trust fund and 30% of such amount shall be transferred to the state general fund.

(g) There is hereby established the senior services fund in the state treasury which shall
be administered by the secretary of aging in accordance with this act. All expenditures from

the senior services fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved by the secretary
of aging or the secretary's designee. Moneys in the senior services fund shall be used by the
secretary of aging only for projects intended (1) to reduce future medicaid costs to the state,
(2) to help seniors avoid premature institutionalization, (3) to improve the quality of care
or the quality of life of seniors who are customers of long-term care programs, or (4) to
satisfy state matching requirements for senior service programs authorized by federal law.
Moneys credited to the senior services fund from income of investments of the moneys in
the senior services trust fund shall not be used to create or fund any entitlement program
not in existence on the effective date of this act.

(h) There is hereby established the long-term care loan fund in the state treasury which
shall be administered by the secretary of aging in accordance with this act. All expenditures
from the long-term care loan fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouchers approved by
the secretary of aging or the secretary's designee. Moneys in the long-term care loan fund
shall be used to make loans under the long-term care loan program developed by the
secretary of aging in accordance with this section.

(i) The secretary of aging is hereby authorized to develop and implement a long-term
care loan program in accordance with this section. Subject to the provisions of this section
and the provisions of appropriation acts, the secretary of aging may enter into loan
agreements for market-rate, low-interest or no-interest, fully or partially secured or
unsecured loans with repayment provisions and other terms and conditions as may be
prescribed by the secretary under such program. Loans under the long-term care loan
program may be made for the following:'';

Also on page 3, in line 3, by striking ``(A)'' and inserting ``(1)''; in line 6, by striking ``(B)''
and inserting ``(2)''; in line 8, by striking ``(C)'' and inserting ``(3)''; in line 10, by striking
``(D)'' and inserting ``(4)''; in line 11, by striking ``(E)'' and inserting ``(5)''; in line 13, by
striking ``(F)'' and inserting ``(6)''; by striking all in lines 15 through 31; in line 32, by striking
``(g)'' and inserting ``(j)''; in line 33, by striking ``long-term care fund''; also in line 33, by
striking all after ``loans'' in line 34, by striking ``projects'' and inserting: ``under the long-
term care loan program and projects financed from the senior services fund'';

On page 4, in line 6, by striking all before ``principal'' and inserting ``(k) All moneys
received from repayments of''; in line 7, by striking ``repaid'' and inserting: ``deposited in
the state treasury and credited''; in line 8, by striking all after the period; by striking all in
lines 9 and 10; in line 11, by striking all before ``The''; in line 14, by striking ``(i)'' and
inserting ``(l)''; in line 31, by striking ``(j)'' and inserting ``(m)''; also in line 31, after ``under''
by inserting: ``the long-term care loan program under'';

On page 5, in line 2, by striking all after ``trustees''; in line 3, by striking ``retirement'';
in line 4, by striking ``and'' and inserting: ``which is hereby established in the state treasury.
The board of trustees'';

On page 6, in line 34, after ``securities'' by inserting ``of the fund''; in line 37, after
``securities'' by inserting ``of the fund''; in line 38, after ``treasurer'' by inserting ``, the director
of accounts and reports'';

On page 7, in line 1, by striking ``of this act''; in line 25, by striking ``trust''; in line 30,
by striking ``lease'' and inserting ``least'';

In the title, in line 12, after the comma where it appears for the first time, by inserting:
``an intergovernmental transfer administration fund,''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
SB 445, 503 reported correctly re-engrossed March 22, 2000.

SB 327 reported correctly engrossed March 23, 2000.

COMMITTEE OF THE WHOLE
The Senate returned to Committee of the Whole, for consideration of bills on the calendar
under the heading of General Orders with Senator Praeger in the chair.

On motion of Senator Praeger the following report was adopted:

Recommended SB 579 be passed.

Senator Tyson moved to amend HB 2823 as amended by House Committee, on page 2,
after line 17, by inserting a new section to read as follows:

``New Sec. 2. (a) Except as otherwise provided by subsection (b), the appraised
valuation of all property established in accordance with the provisions of K.S.A. 79-503a,
and amendments thereto, for utilization for a taxable year for property taxation purposes
shall not exceed the product of the appraised valuation of such property established for such
purposes for the next preceding taxable year multiplied by a fraction the numerator of which
is the average consumer price index for all urban consumers published by the federal
department of labor as of the close of the 12-month period ending on August 31 of the first
calendar year preceding the appropriate taxable year and the denominator of which is such
index as of such period ending on August 31 of the second calendar year preceding the
appropriate taxable year.

(b) The appraised valuation for new or newly improved real property shall, in its initial
year of valuation, be based upon the comparison with values of other real property of known
or recognized value which is subject to the provisions of paragraph (a). The provisions of
subsection (a) shall be applicable to the appraised valuation of new property or new
improvements to property for the taxable years next following the taxable year for which
such valuation is initially established and utilized for property taxation purposes.

(c) The provisions of this section shall be applicable to all taxable years commencing
after December 31, 2000.'';

By renumbering existing sections accordingly;

In the title, in line 11, after the semicolon by inserting ``limiting certain valuation
increases;''

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 8, Nays 32, Present and Passing 0, Absent or Not Voting
0.

Yeas: Brownlee, Donovan, Harrington, Huelskamp, Jordan, Pugh, Salmans, Tyson.

Nays: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Steffes, Steineger, Stephens,
Umbarger, Vidricksen, Vratil.

The motion failed and the amendment was rejected.

The committee recommended HB 2823 be passed.

SB 645, 660, 664; Sub HB 2169; HB 2768, 2883, 2976 be amended by adoption of
the committee amendments, and the bills be passed as amended.

S Sub for Sub HB 2007, amended by adoption of the committee report in Committee
of the Whole on Wednesday, March 22, 2000, recommending a substitute bill, be amended
by motion of Senator Oleen on page 1, in the title, in line 12, by striking ``therein'' and
inserting ``thereon''

Senator Harrington moved to amend the bill on page 1, in line 15, before ``Section'' by
inserting ``New''; by striking all in lines 35 and 36 and inserting:

``Sec. 2. K.S.A. 1999 Supp. 65-6721 is hereby amended to read as follows: 65-6721. (a)
No person shall perform or induce a partial birth abortion on a viable fetus unless such
person is a physician and has a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion and both
physicians determine~~. (1)~~ the abortion is necessary to preserve the life of the pregnant
woman~~; or (2) a continuation of the pregnancy will cause a substantial and irreversible~~
~~impairment of a major physical or mental function of the pregnant woman~~ whose life is
endangered by a physical disorder, physical illness or physical injury, including a life-
endangering physical disorder, physical illness or physical injury caused by or arising from
the pregnancy.

(b) As used in this section:

~~(1) ``Partial birth abortion'' means and abortion procedure which includes the deliberate~~
~~and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior~~
~~to removal of such otherwise intact fetus from the body of the pregnant woman.~~

~~(2) ``Partial birth abortion'' shall not include the. (A) Suction curettage abortion~~
~~procedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation~~
~~abortion procedure involving dismemberment of the fetus prior to removal from the body~~
~~of the pregnant woman.~~

(1) ``Partial birth abortion'' means an abortion in which the person performing the
abortion partially vaginally delivers a living human fetus or infant before killing the fetus
or infant and completing the delivery.

(2) ``Fetus'' or ``infant'' means the biological offspring of human parents.

(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary and performs a partial birth abortion on the woman, the
physician shall report such determination and the reasons for such determination in writing
to the medical care facility in which the abortion is performed for inclusion in the report of
the medical care facility to the secretary of health and environment under K.S.A. 65-445,
and amendments thereto or. If the abortion is not performed in a medical care facility, the
physician shall report the reasons for such determination in writing to the secretary of health
and environment as part of the written report made by the physician to the secretary of
health and environment under K.S.A. 65-445, and amendments thereto. The physician shall
retain a copy of the written reports required under this subsection for not less than five
years.

(d) A woman upon whom an a partial birth abortion is performed shall not be
prosecuted under this section for conspiracy to violate this section pursuant to K.S.A. 21-
3302, and amendments thereto.

(e) Nothing in this section shall be construed to create a right to an abortion. Nothing
in this section shall be construed as eliminating the necessity for compliance with the
woman's right-to-know act. Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.

(f) ~~Upon conviction of a violation of this section,~~ A person convicted of intentionally,
knowingly or recklessly violating this section shall be guilty of a severity level 10 ~~person~~
nonperson felony.

(g) (1) If any word, clause, phrase or other provision of subsection (a), or the application
thereof to any person or circumstance is found unconstitutional, the same is hereby declared
to be inseverable.

(2) If any word, clause, phrase or other provisions of subsections (b) through (f) of this
section or the application thereof to any person or circumstance is found to be
unconstitutional, the same are hereby declared to be severable and the other provisions of
this section shall remain effective notwithstanding such unconstitutionality. The legislature
hereby declares that, except as specifically provided in paragraph (1) of this subsection, it
would have passed this section, and each word, clause, phrase or other provision irrespective
of the fact that any one of more words, clauses, phrases or other provisions be declared
unconstitutional.

Sec. 3. K.S.A. 1999 Supp. 65-6721 is hereby repealed.'';

And renumbering the remaining section;

On page 1, in the title, in line 11, by inserting after ``ACT'' the following: ``concerning
abortion; concerning partial birth abortion;''; in line 12, before the period, by inserting
``amending K.S.A. 1999 Supp. 65-6721 and repealing the existing section''

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 18, Nays 21, Present and Passing 1, Absent or Not Voting
0.

Yeas: Bleeker, Brownlee, Clark, Corbin, Donovan, Gilstrap, Hardenburger, Harrington,
Huelskamp, Jordan, Lawrence, Lee, Morris, Pugh, Salmans, Steffes, Tyson, Umbarger.

Nays: Barone, Becker, Biggs, Bond, Downey, Emert, Feleciano, Gooch, Goodwin,
Hensley, Jones, Kerr, Langworthy, Oleen, Petty, Praeger, Ranson, Salisbury, Stephens,
Vidricksen, Vratil.

Present and Passing: Steineger.

The motion failed and the amendment was rejected.

EXPLANATION OF VOTE Mr. President: I vote no on this amendment as the original bill is a good one that should
stand on its own merit.

Abortion bills received extensive hearings before the Senate Federal and State Affairs
Committee and on this Senate floor within the past two weeks. In my opinion, there is
nothing to be gained from a floor amendment on the issue again at this time except to
jeopardize a bill that would prohibit the sale of fetal organs or tissue in Kansas.--Don
Biggs

Senators Barone, Feleciano and Gooch request the record to show they concur with the
``Explanation of Vote'' offered by Senator Biggs on S Sub for Sub HB 2007.

Mr. President: I vote no on this amendment even though I have voted yes in the past
on laws on partial birth abortion and will vote yes again in the future. I am convinced a
majority of Kansans and a majority of the members on this floor want to ban partial birth
abortion.

But I am confused about this new language. I believed both of my votes last week were
for banning partial birth abortion. I am unclear about this new language. Thus I vote no
despite my desire to ban partial birth abortion in Kansas once and for all.--Dave Kerr

Senator Barone requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Kerr on S Sub for Sub HB 2007.

Senator Bleeker moved to amend the bill on page 1, by striking all in lines 15 through
34; following line 34, by inserting:

``Section 1. As used in sections 2 and 3, and amendments thereto:

(a) ``Abortion'' means an induced or spontaneous abortion.

(b) (1) ``Consideration'' means any payment made or debt incurred; any gift,
honorarium or recognition of value bestowed; any price, charge or fee which is waived,
forgiven, reduced or indefinitely delayed; any loan or debt which is canceled or otherwise
forgiven; the transfer of any item from one person to another or provision of any service or
granting of any opportunity for which a charge is customarily made, without charge or for
a reduced charge.

(2) ``Consideration'' shall not include reasonable payments of $5 or less for the
transportation, implantation, processing, preservation, quality control, or storage of human
fetal tissue.

(c) ``Fetal tissue'' means any tissue, cells or organs obtained from a dead human embryo
or fetus after an abortion or after a stillbirth.

Sec. 2. Nothing in this section shall be construed as authorizing any person to use any
fetal tissue for any type of scientific, research, laboratory or other kind of experimentation
either prior to or subsequent to any abortion or stillbirth.

Sec. 3. (a) No person knowingly shall acquire, accept or transfer any fetal tissue for
consideration.

(b) No person shall solicit or knowingly acquire or accept a donation of fetal tissue for
the purpose of transplantation of such tissue into another person if:

(1) The tissue will be or is obtained pursuant to an abortion; and

(2) (A) the donation of such fetal tissue will be or is made pursuant to a promise to
the donating individual that the donated tissue will be transplanted into a recipient specified
by such individual;

(B) the donated fetal tissue will be transplanted into a relative of the donating
individual; or

(C) the person who solicits or knowingly acquires or accepts the donation of such fetal
tissue has provided consideration for the costs associated with such abortion.

(c) Any person who knowingly violates this section shall be guilty of a class A
misdemeanor.

Sec. 4. (a) No person shall transfer fetal tissue to another without disclosing to the
secretary of the department of health and environment the following:

(1) The date of transfer;

(2) a description of the fetal tissue;

(3) the name and address of the transferor and the transferee;

(4) the amount of consideration received by the transferor for making the transfer;

(5) method of transfer or shipment; and

(6) the name of the common carrier or delivery service providing transportation of the
fetal tissue. The identity of the woman donating the fetal tissue shall not be reported.

(b) No person shall ship fetal tissue by means of a common carrier or delivery service
without disclosing to the carrier or delivery service that the contents of the item shipped
are fetal tissue.

(c) This section shall not apply to:

(1) The transfer of fetal tissue or a fetal tissue sample to a pathologist for testing; or

(2) the transfer of fetal tissue for the purpose of immediate burial or cremation.

(d) Any person knowingly violating this section shall be guilty of a class A
misdemeanor.'';

In the title, by striking all in lines 11 and 12 and inserting:

``AN ACT concerning the use of fetal tissue; imposing restrictions thereon; providing
penalties for violations of such restrictions.''

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 17, Nays 23, Present and Passing 0, Absent or Not Voting
0.

Yeas: Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger, Harrington,
Huelskamp, Jordan, Kerr, Lawrence, Morris, Pugh, Salmans, Steffes, Tyson, Umbarger.

Nays: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gooch,
Goodwin, Hensley, Jones, Langworthy, Lee, Oleen, Petty, Praeger, Ranson, Salisbury,
Steineger, Stephens, Vidricksen, Vratil.

The motion failed and the amendment was rejected.

The Committee recommended S Sub for Sub HB 2007 as amended by adoption of the
committee amendments and amended by motion of Senator Oleen be passed as amended.

HB 2762 be amended by adoption of the committee amendments, be further amended
by motion of Senator Corbin as amended by Senate Committee, on page 2, in line 37, by
striking ``Completion'' and inserting ``Prior to July 1, 2002, completion'', and HB 2762 be
passed as further amended.

HB 2884 be amended by adoption of the committee amendments, be further amended
by motion of Senator Harrington as amended by Senate Committee, on page 1, in the title,
in line 15, by striking ``8-327'' and inserting ``8-237'', and HB 2884 be passed as further
amended.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 579, 635, 645, 660, 664; S Sub for HB 2005; S Sub for Sub HB 2007; Sub
HB 2169; S Sub for HB 2627; HB 2757, 2759, 2762, 2768, 2823, 2883, 2884; S Sub
for HB 2945; HB 2975, 2976 were advanced to Final Action and roll call.

SB 579, An act concerning crimes, criminal procedure and punishment; relating to arson;
amending K.S.A. 21-3718 and repealing the existing section.

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 bill passed.

SB 635, An act concerning municipal accounting; amending K.S.A. 12-896, 19-508a, 19-
3622, 75-1119, 75-1120, 75-1120a, 75-1122, 75-1123, 79-2925, 79-2927, 79-2929, 79-2929a,
79-2930, 79-2960 and 79-5111 and K.S.A. 1999 Supp. 12-1927, 71-211, 75-2556 and 79-
2005 and repealing the existing sections; also repealing K.S.A. 75-1121, 75-1124, 75-3736,
79-2808, 79-2917 and 79-2926.

On roll call, the vote was: Yeas 30, Nays 10, Present and Passing 0, Absent or Not Voting
0.

Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gooch, Goodwin, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy,
Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Tyson,
Umbarger, Vidricksen, Vratil.

Nays: Barone, Biggs, Feleciano, Gilstrap, Hensley, Jones, Lee, Pugh, Steineger, Stephens.

The bill passed, as amended

SB 645, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; employer contributions; application
of certain amounts recovered by the system, postretirement benefit payment and unfunded
liability; amending K.S.A. 1999 Supp. 74-4920, 74-4927 and 74-4927f and repealing the
existing sections.

On roll call, the vote was: Yeas 22, Nays 18, Present and Passing 0, Absent or Not Voting
0.

Yeas: Becker, Bleeker, Bond, Brownlee, Corbin, Donovan, Emert, Hardenburger,
Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson,
Salisbury, Steffes, Umbarger, Vidricksen, Vratil.

Nays: Barone, Biggs, Clark, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Huelskamp, Jones, Lee, Petty, Pugh, Salmans, Steineger, Stephens, Tyson.

The bill passed, as amended.

EXPLANATION OF VOTE Mr. President: I vote no on SB 645. While I recognize the political gains to be made
by authorizing a one-time partial payment to KPERS retirees, I cannot at the same time
vote to raid the fund that those retirees count on in order to balance the state's budget.

I cannot support a freeze in the state's employer contribution to KPERS or to the death
and disability fund. As the KPERS Board of Trustees said in January, ``While neither
proposal would prevent the Retirement System from making current and future benefit
payments, confidence in the continued sound financial status of the System would be
severely undermined by the fear that every future budget challenge would be solved, in
whole or in part, by looking to the trust funds of the Retirement System.''

I cannot justify that to 250,000 KPERS members and retirees. For that reason, I vote
no--Jim Barone

Senators Biggs, Downey, Gilstrap, Goodwin, Lee, Petty and Steineger request the record
to show they concur with the ``Explanation of Vote'' offered by Senator Barone on SB 645.

Mr. President: Some of my Senate colleagues believe that they can deceive state
retirees with a scheme involving a partial 13th check, and retirees will ignore the fact that
the state retirement system is being placed in peril. In my mind, anyone who voted for this
bill simply because of the one time check is blind to the current situation. KPERS members
deserve a system that is protected and well funded. That type of retirement system would
provide a COLO on a regular basis and a sense of security for current and former state
employees.

I vote no on SB 645. Even the KPERS Board of Trustees has said that this 13th check
scheme is merely a diversion from the real damage being done by the bill. I cannot vote for
a bill that will increase the KPERS fund's unfunded liability, and threaten the safety net
provided by the death and disability fund--Paul Feleciano

Senators Barone and Stephens request the record to show they concur with the
``Explanation of Vote'' offered by Senator Feleciano on SB 645.

Mr. President: In voting against SB 645, I stand behind the 250,000 current and retired
public servants who depend on us to make the right decisions about their retirement system.
And, we should never forget it is their retirement system.

Unlike those who voted for this bill and who have previously explained their vote, my
vote against this bill is not only a good political vote, it is the right vote--Anthony Hensley

Mr. President: I vote ``aye'' on SB 645 with mixed feelings. On the one hand, we are
short of funds this year and if we do not find some savings here and elsewhere in the budget,

we will be unable to properly fund public education, including special education, universities
and programs for the disabled and elderly.

On the other hand, I do not like putting even a one-year freeze on increases in
contributions to the KPERS Retirement Fund. This freeze means we will pay $145 million
into KPERS in FY 2001, just as we are in FY 2000. Without the freeze, our State General
Fund payment would have been $154 million. The market value of the KPERS fund
fluctuates more than this $9 million difference each hour. But it is still not the best policy
and should be reversed as soon as practical.

Further, I support the 13th check which will provide beneficial funds to KPERS retirees.

In voting for this bill, I am not making a good political vote, but it is the right vote--
Dave Kerr

Senators Becker, Bleeker, Corbin, Donovan, Jordan, Lawrence, Morris, Oleen, Praeger,
Ranson, Salisbury, Steffes, Umbarger and Vratil request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Kerr on SB 645.

SB 660, An act concerning capitol restoration; relating to the construction, equipping,
furnishing, renovation, reconstruction and repair of the state capitol; financing.

On roll call, the vote was: Yeas 32, Nays 8, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Downey, Emert, Feleciano,
Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes,
Umbarger, Vidricksen, Vratil.

Nays: Brownlee, Donovan, Gilstrap, Huelskamp, Pugh, Steineger, Stephens, Tyson.

The bill passed, as amended.

SB 664, An act concerning agriculture; relating to inspection fees; funding for plant pest
activities; amending K.S.A. 2-2911 and K.S.A. 1999 Supp. 2-1012 and 2-1205 and repealing
the existing sections.

On roll call, the vote was: Yeas 36, Nays 4, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Brownlee, Clark, Corbin, Huelskamp.

The bill passed, as amended.

S Sub for HB 2005, An act relating to insurance; concerning risk-based capital
requirements; concerning health care; concerning accounting procedures and investments
by insurance companies; concerning mortgage guaranty insurance companies; amending
K.S.A. 40-12a09 and K.S.A. 1999 Supp. 40-2c01, 40-2121, 40-2209f, 40-2209m and 40-3502
and repealing the existing sections; also repealing K.S.A. 40-2a15, 40-2a23, 40-2b14 and 40-
2b22.

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 substitute bill passed, as amended.

S Sub for Sub HB 2007, An act prohibiting the sale of fetal organs or tissue; imposing
limitations thereon.

On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,

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

Nays: Brownlee, Clark, Huelskamp.

The substitute bill passed, as amended.

EXPLANATION OF VOTE Mr. President: I am voting yes on S Sub for Sub HB 2007 not because I believe it is
a good bill, but because I hope that next year we will amend the demonstrably weak language
that has not been prohibiting the trafficking of fetal parts elsewhere in the country. We
cannot expect that it will do any better in Kansas.--Laurie Bleeker

Senators Gilstrap, Harrington and Jordan request the record to show they concur with
the ``Explanation of Vote'' offered by Senator Bleeker on S Sub for Sub HB 2007.

Mr. President: My no vote on S Sub for Sub HB 2007 represents a frustration with
weak, meaningless legislation which amounts to little more than window dressing. How sad
to treat so lightly a life and death issue-the issue of trafficking baby parts. My 16 year old
daughter saw this horrendous practice as it really is and called it ``poaching babies.'' I regret
that S Sub for Sub HB 2007 will not stop this practice in Kansas.--Karin Brownlee

Mr. President: S Sub for Sub HB 2007, is a transparent fraud. It purports to stop the
gruesome sale of baby parts. But just like its Federal counterpart, it will do no such thing.
Further, this body's rejection of an amendment to this bill to ban partial-birth abortion
continues to establish the real reason for partial-birth abortion--the harvest of intact baby
parts that fetch thousands of dollars. I cannot support this bill and hope the House will pass
language that truly bans this unspeakable trade--Tim Huelskamp

Sub HB 2169, An act concerning nursing; amending K.S.A. 65-1133 and K.S.A. 1999
Supp. 65-1124, 65-1136, 65-1153 and 74-1106 and repealing the existing sections.

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 substitute bill passed, as amended.

S Sub HB 2627, An act concerning state officers and employees; concerning
governmental ethics; concerning state agency contracts for consulting and professional
services; amending K.S.A. 1999 Supp. 46-237, 46-237a and 46-269 and repealing the existing
sections.

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 substitute bill passed, as amended.

HB 2757, An act concerning emergency care or assistance at scene of an emergency or
accident; defining ``health care provider''; amending K.S.A. 1999 Supp. 65-2891 and
repealing the existing section.

On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Clark, Huelskamp, Salmans.

The bill passed, as amended.

HB 2759, An act relating to the pharmacy act of the state of Kansas; authorizing
pharmacists to administer drugs under certain conditions; amending K.S.A. 1999 Supp. 65-
1626 and 65-1626a and repealing the existing sections.

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 bill passed, as amended.

HB 2762, An act concerning wildlife and parks; relating to controlled shooting areas;
inspections; hunter safety education; amending K.S.A. 32-920 and K.S.A. 1999 Supp. 32-
945 and repealing the existing sections.

On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Biggs, Goodwin, Stephens.

The bill passed, as amended.

HB 2768, An act relating to the state corporation commission; concerning the regulation
of motor carriers; amending K.S.A. 66-143, 66-144, 66-1, 117 and 66-1,119 and K.S.A. 1999
Supp. 66-123, 66-138, 66-1,114, 66-1,115a, 66-1,118 and 66-1, 119a and repealing the
existing sections.

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 bill passed, as amended.

HB 2823, An act relating to property taxation; concerning the valuation of producing gas
wells; amending K.S.A. 79-331 and repealing the existing section.

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 bill passed.

HB 2883, An act relating to crimes and punishments; concerning the theft of motor fuel;
penalties; amending K.S.A. 1999 Supp. 8-255 and repealing the existing section.

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 bill passed, as amended.

HB 2884, An act regulating vehicles; concerning motorized bicycles; defining electric-
assisted bicycles; concerning drivers' licenses; amending K.S.A. 8-1439, 8-1439a and 8-

1592b and K.S.A. 1999 Supp. 8-126, 8-235, 8-237, 8-293, 8-296 and 8-1486 and repealing
the existing sections; also repealing K.S.A. 8-1439b.

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 bill passed, as amended.

S Sub for HB 2945, An act relating to telecommunications services; establishing the
enhanced 911 task force.

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 substitute bill passed, as amended.

HB 2975, An act concerning wildlife; relating to hunting on land by permission only;
amending K.S.A. 32-1013 and repealing the existing section.

On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, 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.

Nays: Bond.

The bill passed.

HB 2976, An act concerning animals; relating to penalty for taking trophy big game;
penalty for importation or possession of feral swine; amending K.S.A. 32-1032 and K.S.A.
1999 Supp. 47-1809 and repealing the existing sections.

On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, 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.

Nays: Brownlee.

The bill passed, as amended.

On motion of Senator Emert the Senate adjourned until 9:30 a.m., Friday, March 24,
2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.