J o u r n a l o f t h e S e n a t e THIRTY-SEVENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, March 6, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. The President introducd as guest chaplain, The Most Reverend James Patrick Keleher, Metropolitan Archbishop of Kansas City, Kansas, who delivered the invocation: Almighty, all loving, all provident God we ask a blessing today on this August Assembly of the Senate of the great State of Kansas. On this beautiful March day as winter weather fades we praise You for the Spring which will soon be upon us. Do not let the season of renewal pass us by without blessing you for the sun and rain that enrich farm and field. May we feel the warmth of your renewing presence in the vivid verdant vibrancy of Kansas nature come alive. As you govern the seasons and the climates of humankind, so you share with your people the right and duty to create a land of justice and peace in the Nation and State. You encourage the citizens of each Sovereign State to choose representatives who will conscientiously enact laws reflecting your desire that freedom be protected, that security be guarded, that commerce go forward, that the common good be sought after, that the more prosperous pay their fair share and that the neediest be cared for--especially as the Holy Bible clearly teaches: the alien, the stranger, the widow and the orphan, indeed the child, the most vulnerable and innocent among us, the child born or unborn, well born or poorly born. As you shared your Spirit with the prophet Moses and he with the elders, as you gave your Spirit to the Lord and He to his Apostles, so in this wonderful land of Kansas you have given your Spirit to the good people of our Sunflower State and they in turn have chosen the Senators who deliberate in this great chamber. Awesome is their duty for they are meant to be the persons of wisdom to help guide the Ship of State through storm and wind into peaceful and safe harbor. Grant them the fulsome knowledge and understanding they need; guide their proceedings so that civility may always be preserved and honest dialogue may prevail. Generously endow them with an abundance of courage to pursue the common good without fear or timidity. Amen, Amen, so be it, so may it be. CHANGE OF REFERENCE The President withdrew SB 292 from the Committee on Ways and Means, and rereferred the bill to the Committee of the Whole. The President withdrew SB 313 from the Committee on Ways and Means, and rereferred the bill to the Committee on Transportation and Tourism (separately) and the Committee on Assessment and Taxation (separately). The President withdrew HB 2374 from the Committee on Transportation and Tourism, and referred the bill to the Committee on Transportation and Tourism (separately) and the Committee on Ways and Means (separately). 250 JOURNAL OF THE SENATE REFERRAL OF APPOINTMENTS The following appointments made by the Governor and submitted to the senate for confirmation, were referred to Committees as indicated: Member, Kansas Performance Review Board, Clarence ``Bud'' Burgess, effective upon the date of confirmation by the Senate to fill a four-year term ending June 30, 2000. (Commerce) Member, Kansas Performance Review Board, Jeanne Andra Cranford, effective upon the date of confirmation by the Senate to fill a two-year term ending June 30, 1998. (Commerce) Member, Kansas Performance Review Board, Dale K. Davis, effective upon the date of confirmation by the Senate to fill a four-year term ending June 30, 2000. (Commerce) Member, Kansas Performance Review Board, Howard R. Fricke, effective upon the date of confirmation by the Senate to fill a four-year term ending June 30, 2000. (Commerce) Member, Kansas Performance Review Board, F. Lynn Markel, effective upon the date of confirmation by the Senate to fill a two-year term ending June 30, 1998. (Commerce) MESSAGE FROM THE GOVERNOR SB 62, 77 approved on March 6, 1997. COMMUNICATIONS FROM STATE OFFICERS KANSAS DEPARTMENT ON AGING January 13, 1997 Thelma Hunter Gordon, Secretary, Department on Aging, submitted a summary of the annual report from the Kansas Department on Aging (KDOA). KANSAS SENTENCING COMMISSION February 7, 1997 Barbara S. Tombs, Executive Director, submitted the Kansas Sentencing Commission Annual Report for Fiscal Year 1996. The President announced the above reports are on file in the office of the Secretary of the Senate and are available for review at any time. MESSAGE FROM THE HOUSE Announcing passage of HB 2103. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2103 was thereupon introduced and read by title. REPORTS OF STANDING COMMITTEES Committee on Energy and Natural Resources recommends SB 379 be passed. Committee on Financial Institutions and Insurance recommends HB 2057 be amended on page 1, in line 31, after ``recording,'' by inserting ``unless an action is commenced to foreclose the mortgage or deed of trust, or unless''; and the bill be passed as amended. Also HB 2071, as amended by House Committee, be amended on page 3, in line 25, after the period, by inserting a sentence as follows: ``The commissioner may waive the penalties of this subsection upon written application by the agent in cases of extreme hardship.''; in line 31, by striking all after the period and by striking all in lines 32 through 33; and the bill be passed as amended. Committee on Public Health and Welfare recommends HB 2183, as amended by House Committee, be passed. Also HB 2182 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 7, 1997. March 6, 1997 251