J o u r n a l o f t h e S e n a t e TWENTY-NINTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, February 21, 1997--12:00 Noon The Senate was called to order by President Dick Bond. The roll was called with thirty-eight senators present. Senators Feleciano and Harrington were excused. President Bond introduced as guest chaplain, Father Terrence Cyr, Pastor, Immaculate Conception and Saint Joseph Parishes, Leavenworth, Kansas, who delivered the invocation: Lord God, You were pleased to create each one of us in your very own image and likeness. Every single person, all those sitting here in this chamber and all those whom they are called to serve, are walking around carrying a spark of divinity within them. This spark of divinity not only confers an honor upon us but also a responsibility. We all share in the responsibility to strive towards making all of our words and actions somehow, albeit in a very limited and fleeting way, mirror images of your own sacred words and actions. Lord God, bestow your blessings upon this assembly of legislators. Let the spark of divinity that resides in each of them issue forth in legislative actions that benefit all. Fill them with the spirit of courage so that they may be emboldened to tackle the issues that others would rather sweep under the rug. Help them, Lord, to be the voice of the voiceless, particularly those whose lives are in jeopardy, the impoverished, the young, and all others on the fringes of our society. You, Lord, are all-powerful. We long for that day when a perfect and just society can be achieved. We thank you, Lord God, for the awesome privilege that you have granted to us to be cooperators with you in the unfolding of your divine plan. May you be praised by all that we say and do in this chamber this day and all the days of our lives. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill and concurrent resolution were introduced and read by title: SB 375An act concerning abuse, neglect and exploitation of certain persons; amending K.S.A. 39-1401, 39-1402, 39-1404, 39-1430, 39-1431, 39-1433, 39-1434, 39-1435 and 391440 and repealing the existing sections, by Committee on Ways and Means. SENATE CONCURRENT RESOLUTION No. 1610-- By Committee on Elections and Local Government A CONCURRENT RESOLUTION adopting a legislative code of ethics. WHEREAS, Responsibility is the cornerstone of public service; and WHEREAS, Honor is the anchor which grounds legislators to their duties; and WHEREAS, Integrity is the foundation upon which public trust is built: Now, therefore, Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the following is adopted as the legislators code of ethics: (a) When campaigning for office: (1) I shall conduct truthful campaigns. (2) I shall not engage in negative campaigning. 172 JOURNAL OF THE SENATE (3) I shall not misrepresent the positions of my opponent. (4) I shall campaign with integrity. (5) I shall accept the will of the voters. (b) In the discharge of the duties of office: (1) I shall govern for the people, not reelection. (2) I shall listen to my constituents. (3) I shall not bargain with a vote. (4) I shall respect opposing opinions. (5) I shall maintain voting integrity. (6) I shall keep the public fully informed. (7) I shall not use my position for personal or professional gain. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Assessment and Taxation: HB 2080. Education: HB 2098. Federal and State Affairs: SB 374; HB 2269. CHANGE OF REFERENCE Upon unanimous consent, the President withdrew SB 79 from the Committee on Ways and Means, and rereferred the bill to the Committee on Elections and Local Government. MESSAGE FROM THE HOUSE Announcing passage of HB 2031, 2288. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2031, 2288 were thereupon introduced and read by title. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Bleeker introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1818-- A RESOLUTION congratulating and commending Tabor College. WHEREAS, Tabor College, Hillsboro, Kansas, is today breaking ground for the Solomon L. Loewen Natural Science Center; and WHEREAS, From 1910 to 1995, Tabor College has graduated 460 natural science majors; and WHEREAS, Many of those science graduates have gone on to medical schools and medical professions, enriching the lives of those in Kansas and around the world; and WHEREAS, Tabor College has long awaited the construction of a Science Center that will match the quality of its science program: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we honor Tabor College for furthering the concept of excellence in higher education and for reaching this milestone of the groundbreaking of the Solomon L. Loewen Natural Science Center; and Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled copy of this resolution to Mr. Don Brubacher, Tabor College, 400 S. Jefferson, Hillsboro, Kansas 67063 and to Senator Bleeker. On emergency motion of Senator Bleeker SR 1818 was adopted unanimously. Senators Oleen and Karr introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1819-- A RESOLUTION congratulating and commending William Leroy Talbott VFW Post 8773, Junction City, Kansas, upon its 50th year anniversary. WHEREAS, William Leroy Talbott Veterans of Foreign Wars (VFW) Post 8773 was chartered on November 26, 1946, in Junction City by black veterans of military service; and WHEREAS, VFW Post 8773 is named for William Leroy Talbott, a black soldier who died the day before he was to be discharged from military service. His brother, Oscar February 21, 1997 173 Talbott, was the first commander of this post. Two charter members are still living in Junction City, Robert Herron and Lee Gage; and WHEREAS, VFW Post 8773, now integrated, has produced one state commander, Roy Williams, and eight district commanders. McKinley Smith is the current post commander and Raymond Wells, whose father was a charter member, is a past post commander. The Post has a membership of 270 and is growing in size; and WHEREAS, VFW Post 8773 is actively engaged in community events. It sponsors an annual Easter egg hunt, a children's Christmas party, special Mother's and Father's Day activities, assists with the Salvation Army's holiday bell-ringing program and is a sponsor of the annual Voice of Democracy speech contest: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the William Leroy Talbott VFW Post 8773, Junction City, Kansas, upon its 50th year anniversary; and Be it further resolved: That the Secretary of the Senate be directed to provide seven enrolled copies of this resolution to Mr. McKinley Smith, Commander, William Leroy Talbott VFW Post 8773, 1129 S. Washington, Junction City, Kansas 66441-1027. On emergency motion of Senator Oleen SR 1819 was adopted unanimously. Senator Oleen introduced representatives of VFW Post 8773, Roy Williams, Eddie Wilcher and McKinley Smith, Junction City, Kansas. REPORTS OF STANDING COMMITTEES Committee on Education recommends SB 222 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Financial Institutions and Insurance recommends SB 281 be amended on page 3, in line 1, by striking ``has'' and inserting ``have''; in line 2, following the period by inserting ``''Main office`` and ``branch'' shall have the meaning ascribed thereto in subsections (f) and (g) of section 1 of 1997 Substitute for Senate Bill No. 86.''; and the bill be passed as amended. Also SB 286 be amended on page 2, in line 13, by striking ``patient'' and inserting ``person''; in line 15, by striking ``including'' and inserting ``or for''; also in line 15, by striking ``the'' and inserting ``a covered person with a''; in line 16, by striking all after ``required''; in line 17, by striking all before ``, regardless''; in line 20, by striking ``carrier'', where it first occurs, and inserting ``insurer''; also in line 20, by striking ``carrier'', where it last occurs, and inserting ``insurer''; in line 30, by striking ``carrier'' and inserting ``insurer''; and the bill be passed as amended. Committee on Judiciary recommends SB 254, 292 be passed. Also SB 216 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Transportation and Tourism recommends SB 139 be amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No. 139,'' as follows: ``SUBSTITUTE FOR SENATE BILL No. 139 By Committee on Transportation and Tourism ``AN ACT relating to motor vehicles; concerning the regulation thereof; amending K.S.A. 8-132 and 8-1556 and K.S.A. 1996 Supp. 8-2118 and repealing the existing sections.''; and the substitute bill be passed. REPORT ON ENGROSSED BILLS SB 3, 29, 136, 144, 147, 174, 229 reported correctly engrossed February 21, 1997. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February 24, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+