J o u r n a l o f t h e S e n a t e TWENTY-SECOND DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, February 12, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, One hundred and eighty-eight years ago today, Abraham Lincoln was born. The only book his parents owned was a Bible and he learned a lot about You, O God, from reading it. His creed seemed to be the two greatest commandments You gave us: ``Thou shalt love the Lord thy God with all thy heart, with all thy mind, with all thy soul and with all thy strength, and thy neighbor as thyself.'' We can learn a lot from this servant of yours O God, but one of his most obvious traits was his perseverance. Before becoming President of the United States, he Failed in his first run for the legislature. Failed in his first business venture. Became engaged, but his fianc;aae died before they were married. Was turned down in his next proposal for marriage. Lost two sons, ages 4 and 11. Experienced an unhappy home life. Went through some deep depressions. Failed in his first run for the United States Senate. Help us all, O God, to rely on You, and not be deterred by adversity. I pray in the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 286An act enacting the patient protection act; relating to health care services, by Committee on Financial Institutions and Insurance. SB 287An act concerning civil procedure and civil actions; relating to expedited determination of strategic lawsuits against public participation actions; providing for assessment of attorney fees, costs and damages in certain situations, by Senator Clark. SB 288An act relating to big game permits; amending K.S.A. 1996 Supp. 32-937 and 32-988 and repealing the existing sections, by Committee on Transportation and Tourism. SB 289An act concerning the workers compensation act; relating to defining disability and establishing certain other procedures thereunder; amending K.S.A. 44-511, 44-528 and 44-536 and K.S.A. 1996 Supp. 44-510, 44-510e and 75-5708 and repealing the existing sections, by Committee on Commerce. SB 290An act relating to sales taxation; exempting sales to and by parent teacher organizations; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Senators Steineger, Becker, Bleeker, Brownlee, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jones, Salmans and Umbarger. 128 JOURNAL OF THE SENATE SB 291An act concerning criminal procedure; relating to registration of persons who commit certain crimes; amending K.S.A. 22-4901, 22-4902, 22-4905, 22-4906, 22-4908 and 22-4909 and K.S.A. 1996 Supp. 22-4904, 22-4907 and 45-221 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 45-221d, by Special Committee on Judiciary. SB 292An act concerning law enforcement powers of conservation officers; amending K.S.A. 32-808 and 32-1048 and repealing the existing sections, by Committee on Judiciary. SB 293An act concerning prairie spirit rail trail; providing for a moratorium on further development of phase II until April, 1998, by Committee on Energy and Natural Resources. SB 294An act concerning designation of prairie spirit rail trail as a part of the state park system, by Committee on Energy and Natural Resources. SB 295An act relating to income taxation; providing for cost-of-living adjustment to the standard deduction; amending K.S.A. 1996 Supp. 79-32,119 and repealing the existing section, by Senators Karr and Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones, Lee, Petty and Steineger. SB 296An act concerning taxation; relating to meat and poultry packing facilities; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Senator Karr. SB 297An act concerning the Kansas commission on veterans affairs; relating to Persian Gulf War syndrome; establishing an advisory board; prescribing powers, duties, functions and guidelines for the commission and advisory board; providing for confidentiality of certain information and exceptions thereto; establishing the Persian Gulf War veterans health initiative fund; providing for certain contributions, by Senators Hensley, Downey, Feleciano, Gilstrap, Goodwin, Jones, Karr, Lee, Petty and Steineger. SB 298An act concerning the state board of education; relating to persons applying for issuance or renewal of certificates; authorizing the state board to receive certain information, by Senators Hensley and Emert. SB 299An act concerning public works projects for state agencies; prescribing payment of minimum wages for work thereon and preferences for certain employees to work thereon, by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Jones, Karr, Petty, and Steineger. SB 300An act authorizing the university of Kansas medical center to purchase disability insurance for certain persons, by Committee on Ways and Means. SB 301An act concerning telecommunications; relating to the Kansas universal service fund; amending K.S.A. 1996 Supp. 66-2008 and repealing the existing section, by Senator Salisbury. SB 302An act concerning the uniform management of institutional funds act; relating to appropriation of appreciation; amending K.S.A. 58-3602 and repealing the existing section, by Senator Salisbury. SB 303An act concerning health care provider liability insurance; discontinuing making of assessments; amending K.S.A. 40-12a02, 40-12a04, 40-12a05, 40-12a06 and 40-12a08 and repealing the existing sections, by Committee on Ways and Means. SB 304An act relating to the child death review board; authorizing the establishment of local child death review boards; amending K.S.A. 22a-241, 22a-242, 22a-243 and 22a244 and repealing the existing sections, by Committee on Public Health and Welfare. SB 305An act concerning employment; providing for a fair share representation fee to be paid to certain labor organizations under certain circumstances; relating to procedures, rights and duties; amending K.S.A. 44-803 and repealing the existing section, by Senators Gilstrap, Jones and Steineger. SENATE CONCURRENT RESOLUTION No. 1609-- By Committee on Energy and Natural Resources A CONCURRENT RESOLUTION concerning the Ozone Transport Assessment Group (OTAG). WHEREAS, The federal environmental policy for the nation as established by Congress through the enactment of the Clean Air Act and its amendments has established a very aggressive and ambitious program for meeting the health-based ozone air quality standard February 12, 1997 129 throughout the United States; and the states are primary responsible for meeting these program requirements through the development of state plans; and WHEREAS, The Ozone Transport Assessment Group (OTAG)--whose membership is composed of the 13 Northeastern States in the Ozone Transport Commission, the 24 states from the Midwest and South and the United States Environmental Protection Agency (EPA)-- was established specifically to work together to address these issues; and WHEREAS, OTAG is working within a very short time frame to scientifically assess the ozone transport issue and develop acceptable recommendations to deal with the problems and the scientific and technical credibility of the work being done is critical to the success of this effort; and WHEREAS, Kansas and other states across the nation have spent billions of dollars to comply with the Federal Clean Air Act and its provisions and costly emission restrictions have the potential to adversely impact state environmental programs, the price of energy and the ability of the industries, businesses and people of Kansas to compete in the global marketplace; Now, therefore: Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the Legislature encourage the EPA to allow the states to work together to complete the technical assessment of the ozone transport issues within OTAG and that call upon the EPA to allow adequate time to complete all of the extensive technical work required, including the complex computer modeling which is underway and upon which many major policy decisions may rest. This is essential given the high economic stakes which are at risk in this effort; and Be it further resolved: That the Legislature endorse the scientific assessment of nitrogen oxide and ozone transport issues currently under development by OTAG, and specifically call upon the EPA to allow this group adequate time to complete and verify the accuracy of a massive computer model upon which the economic future of the Midwest may well rest, and reject the short, arbitrary deadlines which will impede ensuring the validity of that model and the practice of sound science; and Be it further resolved: That the Legislature call upon the EPA and OTAG to encourage the active participation of governors and other elected officials in OTAG; and to refrain from actions or decisions in the absence of such participation that would have the effect of imposing on Kansas regulatory requirements in excess of and in addition to those already specified by the Clean Air Act, as amended; and Be it further resolved: That the Legislature call upon OTAG to ensure that any strategy selected is based on sound science and is the most cost-effective means of reducing transported ozone; and Be it further resolved: That the Legislature request that the recommendations ultimately produced by OTAG be carefully reviewed and considered by the 37 states and, if the recommendations are beyond the legislative authority currently contained in the Clean Air Act, then a joint legislative proposal should be agreed upon for United States congressional consideration; and Be it further resolved: That the Legislature call upon OTAG to carefully consider the states to be included in any recommended control strategy with respect to distance from any serious or severe nonattainment area, number and size of emission sources, current attainment status of ozone standards, and insignificant impact on any ozone nonattainment area in the Eastern United States; and Be it further resolved: That the Legislature request that OTAG, before a final recommendation is submitted to the EPA, provide affected state legislatures with the final recommended strategy along with the estimated cost of compliance; and Be it further resolved: That the Secretary of State be directed to send enrolled copies of this resolution to the Administrator of the United States Environmental Protection Agency and each member of the Kansas congressional delegation. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Commerce: SB 280, 285. Elections and Local Government: SB 267, 268. 130 JOURNAL OF THE SENATE Energy and Natural Resources: SB 275, 276, 279. Financial Institutions & Insurance: SB 281, 282. Judiciary: SB 269, 271. Public Health and Welfare: SB 270, 283, 284. Transportation and Tourism: SB 266, 278. Utilities: SB 272, 273, 274. Ways and Means: SB 277. CHANGE OF REFERENCE Upon unanimous consent, the President withdrew SB 3 from the Committee on Financial Institutions & Insurance (separately) and Committee on Commerce (separately), and rereferred the bill to the Committee on Commerce (separately) and Financial Institutions & Insurance (separately). MESSAGE FROM THE HOUSE Announcing passage of HB 2007, 2015, 2070, 2071, 2074, 2094, 2123. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2007, 2015, 2070, 2071, 2074, 2094, 2123, were thereupon introduced and read by title. CONFIRMATION OF APPOINTMENTS In accordance with Senate Rule 56, the following appointments, submitted by the Governor to the senate for confirmation, were considered. Senator Emert moved the following appointments be confirmed as recommended by the Standing Senate Committee: On the appointment to the: State Board of Tax Appeals: Wayne Clayton Vennard, Jr., term expires January 15, 2000 The vote was: Yeas 39, nays 0, present and passing 1, absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Present and passing: Huelskamp. The appointment was confirmed. On the appointment to the: State Board of Tax Appeals: David L. Patton, term expires January 15, 2001 The vote was: Yeas 39, nays 0, present and passing 1, absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Present and passing: Huelskamp. The appointment was confirmed. EXPLANATION OF VOTE Mr. President: Even though I vote YES on the Board of Tax Appeals appointments, I rise to call attention to a significant imbalance in the make-up of the Board. Senate Districts 12, 13, 14, 15, 16, 17 and 32--those Districts that comprise a great part of the State, South East Kansas--are without geographic representation on this very important board. I would ask that this imbalance be noted and corrected as the opportunity arises.--Jim Barone Senators Emert, Tyson and Umbarger request the record to show they concur with the ``Explanation of Vote'' offered by Senator Barone. February 12, 1997 131 Mr. President: I must abstain from voting on the appointments to the State Board of Tax Appeals, because I have a current property tax appeal awaiting decision. Nevertheless, I applaud the appointment of a native of Dodge City to the State Board of Tax Appeals.-Tim Huelskamp FINAL ACTION ON CONSENT CALENDAR SB 66, 89, 100, 103, 135 having appeared on the Consent Calendar for the required two full legislative days without objection from any member, were considered on final action. SB 66An act concerning probate; relating to conservators; payment of demands; medical assistance; amending K.S.A. 59-3026 and repealing the existing section, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. SB 89An act concerning the code of civil procedure for limited actions; relating to claim for possession of property; bond; forms; amending K.S.A. 61-2401 and repealing the existing section; also amending Form No. 11, Form No. 20, Form No. 22 and Form No. 23, in the appendix of forms following K.S.A. 61-2605 and repealing the existing forms, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. SB 100An act concerning canceled state warrants; amending K.S.A. 46-921 and repealing the existing section, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. SB 103An act concerning state officers and employees; relating to certain payroll deductions; amending K.S.A. 75-5530 and 75-5531 and repealing the existing sections, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed. SB 135An act concerning electronic filing of business records; amending K.S.A. 1996 Supp. 75-443 and repealing the existing section, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. 132 JOURNAL OF THE SENATE The bill passed. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 8An act enacting the uniform fraudulent transfer act, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. SB 12An act concerning social welfare; relating to identifying health care and other medical benefits provided under medical benefit plans for beneficiaries of federal medicaid benefits; prescribing penalties for failure to provide certain information, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. SB 13An act concerning school districts; relating to lease and lease-purchase agreements for real or personal property; amending K.S.A. 12-1765 and 72-8225 and K.S.A. 1996 Supp. 10-1116c and repealing the existing sections; also repealing K.S.A. 72-8157, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. SB 31An act concerning exemption of interest in contracts of annuity; amending K.S.A. 40-414 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 27, nays 13, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Gilstrap, Gooch, Hardenburger, Harris, Hensley, Huelskamp, Jones, Jordan, Langworthy, Lawrence, Morris, Praeger, Salisbury, Sallee, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Nays: Corbin, Downey, Emert, Feleciano, Goodwin, Harrington, Karr, Kerr, Lee, Oleen, Petty, Ranson, Steineger. The bill passed, as amended. EXPLANATION OF VOTE Mr. President: I am unable to vote to create another statutory assets shelter, against creditors, during a bankruptcy proceeding. I don't accept the argument that this bill ``just levels the playing field'' and neither did a judge in ruling that annuities and life insurance companies are not the same in bankruptcy cases, which, of course, prompted this bill request by a major annuity company. I believe this to be an ``unleveling'' bill because it places creditors at a lower level of importance than annuity companies.--Christine Downey Senators Feleciano, Harrington, Karr, Lee and Petty request the record to show they concur with the ``Explanation of Vote'' offered by Senator Downey on SB 31. Mr. President: I vote no on SB 31. I feel this action is another tool for shielding assets with the outcome being to not make a creditor in a bankruptcy action whole. February 12, 1997 133 There are enough dissimilar characteristics between annuities and life insurance policies that we should not recognize nor treat them the same in a bankruptcy situation.--Greta Goodwin Senator Harrington requests the record to show she concurs with the ``Explanation of Vote'' offered by Senator Goodwin on SB 31. SB 51An act relating to income or privilege taxation; providing a credit therefrom for a portion of property tax levied against commercial and industrial machinery and equipment, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. SB 68An act concerning the care and treatment act for mentally ill persons; relating to petitions; orders; venue; amending K.S.A. 1996 Supp. 59-2957, 59-2958, 59-2966, 59-2967, 59-2969 and 59-2971 and repealing the existing sections, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. SB 107An act relating to property taxation; concerning the format of notices of change in appraised valuations; amending K.S.A. 1996 Supp. 79-1460 and repealing the existing section, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The bill passed, as amended. ~ February 12, 1997 133 SB 109An act relating to property taxation; concerning the timing of actual viewing and inspection of real property; amending K.S.A. 1996 Supp. 79-1476 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Brownlee, Clark, Corbin, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Bond, Feleciano, Salisbury. The bill passed. SB 118An act concerning vehicles; relating to terminal rent adjustment clauses, was considered on final action. 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, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Ranson, Salisbury, Sallee, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vi dricksen. The bill passed. 134 JOURNAL OF THE SENATE INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Huelskamp, Gilstrap, Hardenburger, Harris, Lawrence, Sallee, Salmans, Steffes and Umbarger introduced the following Senate resolution: SENATE RESOLUTION No. 1815-- A RESOLUTION requiring the attorney general to bring action to determine the consti tutionality of Kansas statutes, administrative orders and executive orders, including, but not limited to, K.S.A. 65-6701, 65-6702, 65-6703, 65-6704, 65-6705 and 65-6706, and amendments thereto, that allow the termination, or the use of state funds or facilities in the termination, of the lives of innocent human beings including the unborn. WHEREAS, Section one of the bill or rights of the constitution of Kansas states that ``All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.'' The right to life, logically enumerated first, is the basic, most fundamental right without which all others are meaningless; and WHEREAS, The United States supreme court has acknowledged that those same rights, declared also in the Declaration of Independence, are so basic and fundamental that they ``may not be subjected to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, The term ``men'' is accepted to include adult males, women and children, in other words, all human beings; and WHEREAS, All medical and scientific evidence increasingly acknowledges and affirms that children before birth share all the basic attributes of human personality--that they in fact are persons; the unborn child is considered a person for purposes of qualifying for medical care under the federal medicaid program; modern medicine treats unborn children as patients; through ultrasound imaging and other techniques we can see the child's amazing development; by using DNA profiling, before birth, indeed, even before the new being is implanted in her mother's womb, we can be absolutely sure we are monitoring the same individual from conception/fertilization through the various stages of growth; and WHEREAS, The United States supreme court itself noted, the decision in Roe v. Wade, 410 U.S. 113, 159 (1973) rested upon an earlier state of medical technology; the Court further acknowledged in Roe v. Wade, 410 U.S. 113, 156, 157 (1973) that: ``If this suggestion of personhood is established, the appellants case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the Fourteenth Amendment . . .''; the law of the land today must recognize all of the medical evidence and scientific facts; and WHEREAS, The legislature of the state of Kansas has acknowledged, even as recently as 1994, that a human being exists before birth by requiring the postponement of the exe cution of a pregnant convict ``until the child is born.'' (K.S.A. 22-4009(b)); and WHEREAS, The Kansas supreme court acknowledged in Smith v. Deppish, 248 Kan. 217, 231 (1991) that ``we humans create human offspring by transferring our DNA to our children'' and that this is done ``during reproduction . . .,'' also known biologically as fer tilization or conception, or both. The Court further acknowledged in Smith v. Deppish, 248 Kan. 217, 232 (1991) that ``each person's'' DNA can be ``individualized''; and WHEREAS, The United States supreme court has ruled that entities that ``are humans, live, and have their being'' cannot be ``nonpersons,'' stating further, ``They are clearly `per sons' within the meaning of the Equal protection Clause of the Fourteenth Amendment.'' Levy v. Louisiana, 391 U.S. 68, 70 (1968); and WHEREAS, A controversy now exists when the pregnancy of a woman constitutes the presence of a second person in order to qualify for medicaid while at the same time allowing such funds to be expended for the purpose of terminating the lives of preborn human beings by the procedure commonly referred to as induced abortion. Through the use of matching funds in, and the administration of, the medicaid program and the use of state facilities in the termination of the lives of innocent human beings, the state has become a direct party in violating section 1 of the bill of rights of the constitution of Kansas and the due process and equal protection clause of the fifth and fourteenth amendments to United States Con stitution. Slaughterhouse Cases, 83 U.S. 37, 80 (1872); Strauder v. West Virginia (1879); Yick Wo v. Hopkins, 118 U.S. 356, 357, 370 (1886); Burton v. Wilmington Parking Authority, February 12, 1997 135 365 U.S. 715, 721-726 (1961); Brown v. Topeka Board of Education, 387 U.S. 483, 490, 496 (1954); and WHEREAS, The United States supreme court holds that ``The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal prin ciples to be applied by the courts.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, One of those ``legal principles,'' the court says, is ``one's right to life'' which ``may not be submitted to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, This matter involves issues of law which have never been resolved by the courts of the state of Kansas except to the extent questions have been raised in the Kansas Supreme Court by City of Wichita vs. Elizabeth A. Tilson, 253 Kan. 285 (1991): Now, therefore, Be it resolved by the Senate of the State of Kansas: That, based on undeniable medical, biological and scientific facts, we do hereby acknowledge and affirm that the unborn children in the state of Kansas have an equal and inalienable right to life from conception and that allowing the termination of the lives of innocent human beings even before birth violates section 1 of the bill of rights of the Kansas constitution and the due process and equal protection clause of the fifth and fourteenth amendments to the United States constitution; and Be it further resolved: That because state legislatures have been effectively restrained from exercising any authority to resolve this issue, we call upon the courts to apply the legal principle of the right to life to all living human beings; and Be it further resolved: That in accordance with K.S.A. 75-702, the attorney general of the state of Kansas is hereby required to seek final solution of this issue in the supreme court of the state of Kansas and such other courts as may be warranted; the attorney general is further directed to bring action in mandamus and quo warranto against the governor as chief executive officer of the state and the secretary of social and rehabilitation services as administrative officer of the medicaid program in Kansas for the granting of a prospective permanent injunction barring the defendants from expending state funds for the purpose of paying for the termination of the lives of innocent human beings, whether in utero or ex utero; and the attorney general is further directed and ordered to plead to the court that upon conception there is life, that this life is that of a human being and to further plead to the court to acknowledge and affirm that this human being is an ``individual,'' a ``man,'' a ``person'' under the constitution of the state of Kansas and the constitution of the United States of America. The most recent medical, biological, and scientific facts and develop ments, especially those concerning the beginning of life and the incontestable reliance on DNA profiling as a positive means of identification, must be presented to the court in support of the above-mentioned plea. REPORTS OF STANDING COMMITTEES Committee on Commerce recommends SB 78 be not passed. Committee on Energy and Natural Resources recommends SB 121 be passed. Committee on Financial Institutions and Insurance recommends SB 229 be amended on page 6, in line 35, by striking ``thereafter''; On page 8, in line 43, by striking ``and (p)'' and inserting ``, (p) and (q)''; and the bill be passed as amended. Committee on Public Health and Welfare recommends SB 127 be passed. Also SB 111 be amended on page 1, in line 30, following ``65-1,143,'' by inserting ``651,144,''; In the title, in line 12, following ``65-1,143,'' by inserting ``65-1,144,''; and the bill be passed as amended. SB 130 be amended on page 1, in line 16, by striking ``seven'' and inserting ``nine''; in line 20, after the comma, by inserting ``one member who is a licensed professional nurse appointed by the Kansas state nurses association,''; in line 25, by striking ``and''; in line 26, 136 JOURNAL OF THE SENATE by striking ``of the university of''; by striking all in lines 27 and 28; in line 29, by striking ``determined by the state board of regents,''; and the bill be passed as amended. Committee on Transportation and Tourism recommends SB 169 be passed. Also SB 117 be amended on page 1, in line 14, by striking ``Any'' and inserting ``On and after January 1, 2001, any''; and the bill be passed as amended. Committee on Ways and Means recommends SCR 1604 be adopted. REPORT ON ENGROSSED BILLS SB 8, 12, 13, 31, 51, 68, 107 reported correctly engrossed February 12, 1997. 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 Lawrence in the chair. On motion of Senator Lawrence the following report was adopted: Recommended that SB 55, 132 be passed. The committee report on SB 24 recommending a substitute bill be adopted, and Sub. SB 24 be passed. Also, SB 15, 40, 137 be amended by adoption of the committee amendments and the bills be passed as amended. SB 57 be amended by adoption of the committee amendments, be further amended by motion of Senator Clark on page 4, in line 37, by striking all after ``children''; by striking all of line 38 and all of line 39 before ``or any class'' and inserting ``their grandchildren, their spouse's children, their spouse's grandchildren, their parents, their spouse's parents,''; On page 5, in line 2, by striking all after ``spouses''; in line 3, by striking all before ``parents'' and inserting ``, their children, their grandchildren, their spouse's children, their spouse's grandchildren, their parents and their spouse's''; in line 10, by striking all after ``spouses''; in line 11, by striking all before ``parents'' and inserting ``, their children, their grandchildren, their spouse's children, their spouse's grandchildren, their parents, their spouse's'', and the bill be passed as further amended. SB 110 be amended by adoption of the committee amendments, be further amended by motion of Senator Tyson on page 2, in line 2, after ``than'' by inserting ``game animals and other''; in line 5, by striking ``or operators'', and the bill be passed as further amended. SPECIAL RECEPTION President Bond invited members to a reception honoring Senator Don Sallee immediately following adjournment. Senator Sallee is resigning and will be sworn in as District Magistrate Judge, 22nd Judicial District, Doniphan County, Friday, February 21, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, February 13, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+