J o u r n a l o f t h e S e n a t e FORTY-THIRD DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, March 14, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-nine senators present. Senator Goodwin was excused. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, If diversity is good for us, We surely have it here, We have both men and women Who come from far and near. We have two different parties From country and from town; Some are young and some are older Both blacks and whites are found. Some have been here quite a while. Some have just arrived; Some live only blocks from here, Some take hours to drive. Some work in an office, Some work in a shop; Some work on a tractor Striving for a crop. But we all agree we're here to serve The people where we live; So help us, Lord, provide for them The best we have to give. I pray in Jesus' Name, AMEN PRESENTATION OF PETITIONS The following petitions were presented, read and filed: SP 3, by Senator Petty: A petition urging the annual 2 percent cost of living adjustment provision for members of the Kansas Public Employees Retirement System, submitted by Paul G. Jantzen and 20 other Kansas residents. SP 4, by Senator Karr: A petition requesting a review of the contracts issued by the Department of Social and Rehabilitation Services under the privatization of foster care, signed and submitted by David Siemers and 68 others. SP 5, by Senator Langworthy: a petition urging the Senate to look into a cost of living increase in retired teachers' pensions, which currently remain the same from year to year, signed by Ralph E. Chalendar of Overland Park, and 101 of his fellow retired educators from Johnson County. March 14, 1997 285 SP 6, by Senator Oleen: a petition supporting the passage of SB 21, Concealed weapons permit, signed by Robert A. Cathey and 27 others from the Manhattan area. SP 7, by Senator Oleen: a petition favoring the passage of SB 113 Campaign Finances; political advertising, and SB 115 Campaign finance; political advertising; disclosure require ments, signed by Marie L. Foster and 11 others from the Manhattan area. SP 8, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Lizeth Gonzales and 58 others from the Garden City area. SP 9, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Teresa B. Galvin and 27 others from the Topeka area. SP 10, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Cesar Garcia and 24 others from Garfield, Dodge City and surrounding areas. SP 11, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Jose M. Holguin and 49 others from the Kinsley and Dodge City areas. SP 12, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Ruben Chavez and 43 others from the Liberal, Garden City, and Dodge City areas. SP 13, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Cosme Mendoza and 24 others from the Meade, Manhattan and Dodge City areas. SP 14, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Thomas R. Fidds and 19 others from the Kansas City and Dodge City areas. SP 15, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas andconcerning its use by state agencies and political subdivisions, signed by Jessie Ramierez and 24 others from the Derby, Lawrence and Topeka areas. SP 16, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Vinie Burkhardt and 24 others from the Silver Lake and Topeka areas. SP 17, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Bobento DeLeon and 44 others from the Sublette, Dodge City and Garden City areas. SP 18, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Molly Serrano and 23 others from the Tecumseh and Topeka areas. SP 19, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Mark Munez and 24 others from the Lawrence, Shawnee and Topeka areas. 286 JOURNAL OF THE SENATE SP 20, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Alaundio F. Barron and 53 others from the Ulysses, Lakin, Garden City and Sublette areas. SP 21, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Elizabeth Olivas and 48 others from the Garden City and Topeka areas. SP 22, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Maria Toledo and 11 others from the Mayetta and Topeka areas. SP 23, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Olivia Sanchez and 59 others from the Lakin, Ulysses and surrounding areas. SP 24, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Migue A. Soto and 37 others from the Holcomb, Ulysses and Garden City areas. SP 25, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas andconcerning its use by state agencies and political subdivisions, signed by Delores Lolis and 40 others from the Emporia, Horton, and Dodge City areas. SP 26, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Tom Sawyer and 7 others from the Wichita, Liberal and surrounding areas. SP 27, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Luz Maria Palma and 41 others from Johnson, Kansas and surrounding areas. SP 28, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Leonardo Ortega and 59 others from the Cimarron, Kansas and surrounding areas. SP 29, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Bertna Allauja and 38 others from the Syracuse, Kansas and surrounding areas. SP 30, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Jaime Valenzuela and 22 others from the Ingalls, Sublette and surrounding areas. SP 31, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Isabel Soto and 57 others from the Deerfield, Garden City and surrounding areas. SP 32, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Gustavo y Lorena Lopez and 19 others from the Scott City, Deerfield and sur rounding areas. SP 33, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language March 14, 1997 287 of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Sornidia Espenop and 24 others from the Pratt and Dodge City areas. SP 34, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Juanita Castillo and 39 others from Leoti, Kansas and surrounding areas. SP 35, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Sergio Soriana and 39 others from the Dodge City area. SP 36, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Manuel Falcoin and 19 others from Moscow, Lakin and surrounding areas. SP 37, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Rumaldo Zapata and 39 others from the Dodge City area. SP 38, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Leticia Mitchell and 57 others from the Garden City and Dodge City areas. SP 39, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Aaron Trejo and 20 others from the Sublette, Holcomb, and Garden City areas. SP 40, by Senator Oleen: a petition opposing the passage of SB 179 establishing English as the official language of the state and SB 219 designating English as the official language of the state of Kansas and concerning its use by state agencies and political subdivisions, signed by Martin Hernandez and 41 others from the Lakin, Leoti, and Garden City areas. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Ways and Means: SB 382; HB 2298, 2389. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Morris, Hardenburger and Oleen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1825-- A RESOLUTION congratulating and commending the Kansas State University Air Force Reserve Officer Training Corps Wildcat Detachment 270 (K-State AFROTC) on its 50 years of service to country, state and university. WHEREAS, The K-State AFROTC Wildcat Detachment was established in 1946 and is one of the oldest AFROTC units in the nation. The unit has commissioned over 1500 active duty Air Force officers in its 50 years of existence; and WHEREAS, The K-State AFROTC Wildcat Detachment won the Air Force Outstanding Unit Award from 1968 through 1970; and WHEREAS, The K-State AFROTC Wildcat Detachment won the Air Force Organiza tional Excellence Award from 1992 through 1994; and WHEREAS, The K-State AFROTC Wildcat Detachment was earlier recognized by the Kansas Senate for being in the top ten percent of AFROTC programs nationwide; and WHEREAS, The K-State AFROTC Wildcat Detachment has diligently maintained con tact with K-State AFROTC alumni fostering strong detachment, university and alumni re lations; and WHEREAS, The K-State AFROTC Wildcat Detachment received an ``Excellent'' rating on its last four Inspector General Quality Air Force Assessments; and 288 JOURNAL OF THE SENATE WHEREAS, The success of the K-State AFROTC program has been and is due to the strong foundation provided by the Kansas State University faculty, staff and students; the McConnell Air Force Base, Kansas Air National Guard and Fort Riley support resources plus the dedicated and professional cadre at Kansas State University; and WHEREAS, Kansas State University and its AFROTC program have been in the past and are presently blessed with intelligent, hardworking, enthusiastic and well-rounded stu dents from rural America whose efforts have been rewarded by their tremendous devel opment while in the program: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kansas State University Air Force Reserve Officer Training Corps Wildcat Detachment 270 for its 50 years of dedicated service to country, state and university; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to President Jon Wefald, President's Office, Anderson Hall, Kansas State University, Manhattan, KS 66506; Provost James Coffman, Office of the Provost, Anderson Hall, Kansas State University, Manhattan, KS 66506; Brigadier General Brian Arnold, AFROTC Commandant, 551 East Maxwell Blvd., Maxwell AFB, AL 36112; Colonel Eugene Rose III, AFROTC Northwest Region Commander, 2354 Faculty Drive, Suite 1J19, USAFA, CO 80840; Colonel William G. Byrns, 108 Military Science Building, Kansas State University, Manhattan, KS 66506; Captain Steven N. Dorfman, 108 Military Science Build ing, Kansas State University, Manhattan, KS 66506; Captain Reid R. Anderson, 108 Military Science Building, Kansas State University, Manhattan, KS 66506; Second Lieutenant Kevin R. Nalette, 108 Military Science Building, Kansas State University, Manhattan, KS 66506; Staff Sergeant David L. Anders, 108 Military Science Building, Kansas State University, Manhattan, KS 66506; Staff Sergeant Delton L. York, Kansas State University, Manhattan, KS 66506; and Mrs. Lorrie Holloway, 108 Military Science Building, Kansas State Univer sity, Manhattan, KS 66506, all in care of Captain Steven N. Dorfman, 108 Military Science Building, Kansas State University, Manhattan, KS 66506. On emergency motion of Senator Morris SR 1825 was adopted unanimously. Senator Morris introduced special guests of the Senate Colonel William Byrns, Captain Steven Dorfman, Cadet Colonel Jason Ballah, Cadet Major Corey Hermesch, Cadet Third Class Holly McGuire, Cadet Fourth Class William Wright, congratulating K-State AFROTC Wildcat Detachment 270 on its 50 years. Senators Morris, Hardenburger and Oleen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1826-- A RESOLUTION congratulating and commending Colonel William G. Byrns on 30 years of faithful service to his country and over three years as Professor of Aerospace Studies, Kansas State University. WHEREAS, Colonel William G. Byrns entered active duty in the United States Air Force in August 1967 as a Second Lieutenant and will retire from the service as a Colonel in September 1997; and WHEREAS, Colonel William G. Byrns bravely served his country as a fighter pilot during the Vietnam conflict and Desert Storm, having flown 894 combat hours during 428 combat missions; and WHEREAS, Colonel William G. Byrns never lost faith in his country or his God while a prisoner of war during the Vietnam conflict; and WHEREAS, Colonel William G. Byrns has served as the Professor of Aerospace Studies, Kansas State University, for more than three years. Under his leadership the Wildcat De tachment earned the Air Force Organizational Excellence Award, placing it in the top ten percent of all AFROTC detachments in the country; and WHEREAS, Colonel William G. Byrns' outstanding leadership skills ensured that the KState AFROTC Wildcat Detachment received an ``Excellent'' rating on its last two Inspector General Quality Air Force Assessments; and WHEREAS, The success of the K-State AFROTC program has been and is due to the strong relations that Colonel William G. Byrns has fostered with the Kansas State University faculty, staff and students; the McConnell Air Force Base, Kansas Air National Guard and March 14, 1997 289 Fort Riley support resources and the dedicated and professional cadre at Kansas State University; and WHEREAS, Colonel William G. Byrns has mentored, trained and led Air Force person nel from all parts of this great nation and most recently with intelligent, hardworking, en thusiastic and well-rounded students from rural America whose efforts have been rewarded by their tremendous development while under his tutelage; and WHEREAS, Colonel Byrns' family consists of his wife, Joanne, a son, Scott, and a daugh ter, Sarah: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Colonel William G. Byrns on his retirement from the United States Air Force after 30 years of faithful service to his country. Additionally, we commend him for his three years as Professor of Aerospace Studies at Kansas State University; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to President Jon Wefald, President's Office, Anderson Hall, Kansas State University, Manhattan, KS 66506; Provost James Coffman, Office of the Provost, Anderson Hall, Kansas State University, Manhattan, KS 66506; Brigadier General Brian Arnold, AFROTC Commandant, 551 East Maxwell Blvd., Maxwell AFB, AL 36112; Colonel Eugene Rose III, AFROTC Northwest Region Commander, 2354 Faculty Drive, Suite 1J19, USAFA, CO 80840; Colonel William G. Byrns, 108 Military Science Building, Kansas State University, Manhattan, KS 66506; and Captain Steven N. Dorfman, 108 Military Science Building, Kansas State University, Manhattan, KS 66506, all in care of Captain Steven N. Dorfman, 108 Military Science Building, Kansas State University, Manhattan, KS 66506. On emergency motion of Senator Morris SR 1826 was adopted unanimously. Senator Morris and members of the Senate recognized Colonel Byrns and his wife Joanne with a standing ovation. Senators Jones, Biggs, Gilstrap and Steineger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1827-- A RESOLUTION congratulating and commending the Kansas City, Kansas, Community College women's basketball team and Coaches Leslie Crane and Heather Mazeitis for winning the 1997 Region 6 Junior College Basketball Championship. WHEREAS, The Kansas City, Kansas, Community College ``Lady Blue Devils'' won the Eastern Division Jayhawk Conference basketball championship with an 18-0 record in con ference play and had a 28-1 regular season record losing only to last year's national cham pion, Trinity Valley of Texas; and WHEREAS, The ``Lady Blue Devils'' then proceeded to win the Region 6 Junior College Championship, which includes all junior colleges in the state of Kansas, and with a 32-1 win/loss record is now advancing to the National Junior College Athletic Association national tournament. The team's first game is in Tyler, Texas, against Savannah Tech of Georgia and is scheduled for 6 p.m. on March 18, 1997; and WHEREAS, The members of this outstanding basketball team have received statewide recognition for their fine sportsmanship and athletic abilities; and WHEREAS, The success of this team is due to excellent teamwork, strong competitive spirit and determination to win, and the enthusiastic support of the school's administrators, the faculty and the students of this proud organization: Now, therefore, Be it resolved by the Senate of the State of Kansas: That the Kansas City, Kansas, Com munity College women's basketball team and Coaches Crane and Mazeitis be congratulated and commended for winning their Conference and Region 6 Championships, and the citi zens of the state of Kansas give their best wishes and support for the team's continued success at the National Tournament; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Duane Shaw, Athletic Director, Kansas City, Kansas, Community College, 7250 State Avenue, Kansas City, Kansas 66112. On emergency motion of Senator Jones SR 1827 was adopted unanimously. 290 JOURNAL OF THE SENATE Senators Kerr, Bond, Emert and Salisbury introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1828-- A RESOLUTION congratulating and commending Richard W. Ryan. WHEREAS, Richard W. Ryan retired December 14, 1996, at age 70 after serving nearly 19 years as the Director of the Kansas State Legislative Research Department; and WHEREAS, Richard W. Ryan commenced working for the Legislative Research De partment in 1950 and, except for a two-year period from 1959 to 1961, worked continuously for the Legislative Research Department until his retirement; and WHEREAS, Richard W. Ryan served as interim director on two occasions but resisted appointment as the director preferring instead to work in his specialties of tax policy and budget analysis; and WHEREAS, Richard W. Ryan, as Director of the Legislative Research Department, ensured an outstanding nonpartisan work product by Research Department employees and facilitated critical yet fair analysis by his staff; and WHEREAS, Richard W. Ryan was a founding member of the State General Fund Con sensus Revenue Estimating Group, and through his leadership and astute abilities to ac curately forecast State General Fund receipts 18 months in advance, the Kansas Legislature and Governors of Kansas came to rely on this special skill of revenue forecasting for their policy decisions; and WHEREAS, Richard W. Ryan served the Legislative Budget Committee with distinction since its creation in 1971 and provided valuable information and analysis to the Committee throughout its history. In addition, Richard W. Ryan had the unique talent of explaining a State General Fund profile so all could understand the issues displayed within the profile and is the only state employee ever to fully grasp the definition of state aid to local units of government; and WHEREAS, Richard W. Ryan, an avid walker and connoisseur of fine cigars, was, to those unacquainted with him, a wiry figure moving with solemn determination through the halls of the statehouse. Many never realized that this casually dressed person was a consum mate professional, a veritable storehouse of information about Kansas state government and an incredible presence to those associated with him; and WHEREAS, Richard W. Ryan was born and reared in Topeka and earned a bachelor's degree in political science and history from Washburn University in 1949 and a master's degree in political science from Kansas University in 1950; and WHEREAS, Richard W. Ryan is married to Kathryn Creel Ryan. They have a daughter, Kathleen England, and a son, Kelly Ryan, and are proud grandparents of two grandsons, Patrick Ryan and Richard England: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Richard W. Ryan for his 44 years of devoted service to the state of Kansas and for the legacy of professional excellence he leaves after his many years as Director of the Kansas State Legislative Research Department; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Mr. and Mrs. Richard W. Ryan, 2711 S.W. Huntoon, Topeka, Kansas 66604, Mr. Kelly Ryan, 12216 Poppleton Plaza, No. 337, Omaha, Nebraska 68124, Mrs. Kathleen England, 215 North 44th, No. 302, Lincoln, Nebraska 68503, Mr. Patrick Ryan, 13405 Cedar Street, Omaha, Nebraska 68144, Mr. Richard England, 2515 Cochin, Grand Island, Nebraska 68801 and to Mr. Ben Barrett, Director, Legislative Research De partment, Room 545N, Statehouse, Topeka, Kansas 66612. On emergency motion of Senator Kerr SR 1828 was adopted unanimously. REPORTS OF STANDING COMMITTEES Committee on Utilities recommends HB 2381, as amended by House Committee, be amended on page 1, in line 24, by striking all after ``oil,''; by striking all of line 25; by striking all of line 26 before ``and all''; and the bill be passed as amended. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, March 17, 1997. March 14, 1997 291 HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+