J o u r n a l o f t h e S e n a t e FIFTY-NINTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, April 9, 1997--10:00 a.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, Under the pressure of these closing days of the session, help me to keep things in perspective. Help me to project myself into the near future and looking back on this session may I be able to say: I could be different without being divisive, I could be confident without being cocky. I could be angry without being antagonistic. My victories were not vindictive. In defeat I did not despair. I could lose a contest without losing control. My satire did not become sarcasm. I could have fun without looking foolish. I could change my mind without changing direction. And last, but not least, I could finish the session without forfeiting my faith. I pray in the Name of Christ, AMEN GUESTS OF THE SENATE Parents of Senator Huelskamp, Leroy and Stellie Huelskamp of Meade, Kansas, were introduced and welcomed as guests of the Senate. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following resolution was referred to Committee as indicated: Committee of the Whole: SCR 1613. MESSAGE FROM THE GOVERNOR April 8, 1997 To the Senate of the State of Kansas: Submitted herewith for confirmation by the Senate are appointments made by me as Governor of the State of Kansas as of April 8, 1997, pursuant to law. Bill Graves Governor Member, KPERS Board of Trustees, Regenia Moore-Lee, pursuant to the authority vested in me by K.S.A. 75-4323, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. 606 JOURNAL OF THE SENATE Member, Kansas, Inc., Larry K. Williams, pursuant to the authority vested in me by K.S.A. 74-8001, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. Reappointed. SB 24, 41, 49, 55, 57, 58, 185, 190, 222, 303, 365 approved on April 4, 1997. SB 10, 32, 33, 60, 110, 133, 136, 205, 281 approved on April 7, 1997. COMMUNICATIONS FROM STATE OFFICERS KANSAS VENTURE CAPITAL, INC. Derek L. Park, President and Chairman of the Board, Kansas Venture Capital, Inc., submitted the 1996 Annual Report. COMMISSION ON JUDICIAL QUALIFICATIONS Mikel L. Stout, Chair, Kansas Commission on Judicial Qualifications, submitted the 1996 Annual Report. 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, the House returns SB 227, not having acceded to the request of the Senate for a conference, as both houses have passed the bill in identical form. The House accedes to the request of the Senate for a conference on SB 18 and has appointed Reps. Shallenburger, Mason and Sawyer as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2022, requests a conference and has appointed Reps. Lane, Geringer and Pauls as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2098, requests a conference and has appointed Reps. O'Neal, Shore and Reardon as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2103, requests a conference and has appointed Reps. Boston, Tanner and Gilbert as conferees on the part of the House. ORIGINAL MOTION On motion of Senator Emert, the Senate acceded to the request of the House for a conference on HB 2022. The President appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate. On motion of Senator Lawrence, the Senate acceded to the request of the House for a conference on HB 2098. The President appointed Senators Lawrence, Emert and Downey as conferees on the part of the Senate. On motion of Senator Emert, the Senate acceded to the request of the House for a conference on HB 2103. The President appointed Senators Oleen, Harrington and Jones as conferees on the part of the Senate. REPORT ON ENGROSSED BILLS SB 152 reported correctly re-engrossed April 4, 1997. REPORT ON ENROLLED BILLS SB 93, 188, 237, 282 reported correctly enrolled, properly signed and presented to the Governor on April 9, 1997. SCR 1601, 1608, 1609 reported correctly enrolled, properly signed and presented to the Secretary of State on April 9, 1997. On motion of Senator Emert, the Senate recessed until 2:00 p.m. April 9, 1997 607 Afternoon Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE GOVERNOR April 7, 1997 Message to the Senate of the State of Kansas: Enclosed herewith is Executive Directive No. 97-256 for your information. Sincerely, Bill Graves Governor The President announced Executive Directive No. 97-256, Authorizing Certain Personnel Transactions, is on file in the office of the Secretary of the Senate and available for review at any time. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF REVENUE April 1, 1997 John D. LaFaver, Secretary of Revenue, as required by K.S.A. 74-50,118(c) submitted the 1996 Annual Report. The President announced the above report is on file in the office of the Secretary of the Senate and is available for review at any time. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Kerr moved the Senate Concur in house amendments to SB 43. SB 43, An act making and concerning appropriations for the fiscal year ending June 30, 1997, for the department of wildlife and parks, state fair board and attorney general; au thorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing, 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, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The Senate concurred. Senator Kerr moved the Senate Concur in house amendments to SB 99. SB 99, An act concerning state agencies; relating to accounting procedures; amending K.S.A. 75-3734 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, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. The Senate concurred. Senator Corbin moved the Senate Concur in house amendments to SB 276. SB 276, An act enacting the voluntary cleanup and property redevelopment act; con cerning remediation of contaminated property, 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, Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. 608 JOURNAL OF THE SENATE The Senate concurred. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Praeger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1852-- A RESOLUTION congratulating and commending the 1996-97 University of Kansas men's basketball team. WHEREAS, The 1996-97 University of Kansas men's basketball team were the Big 12 Conference Champions, Big 12 Tournament Champions, the Maui Invitational Champions, advanced to the NCAA Sweet Sixteen tournament and were ranked number one in the final AP poll; and WHEREAS, The KU ``Jayhawks'' have 44 consecutive home court wins, 1630 total wins, 26 NCAA tournament appearances, 56 NCAA tournament victories and 10 final four ap pearances; and WHEREAS, The KU ``Jayhawks'' have a total of 10 All-Americans, 12 Olympians, 13 Hall of Fame members and 13 Academic All-Americans; and WHEREAS, The 1996-97 Jayhawk team included: Roy Williams, Big 12 Coach of the year; Raef LaFrentz, first team All-American, Big 12 Conference player of the year, and first-team All Conference for the second consecutive year; Jacque Vaughn, second team AllAmerican, All-Big 12 and GTE Academic All-American with a 3.72 cumulative grade point average; Scott Pollard, honorable mention All-American and Coaches Big 12 honorable mention; Paul Pierce, honorable mention All-American and Most Valuable Player of the Big 12 Tournament and third team All-Big 12; Jerod Haase, third team All-Big 12 and GTE Academic All-American with a 3.70 cumulative grade point average; Ryan Robertson, AllBig 12 honorable mention and a 3.80 cumulative grade point average; T.J. Pugh with a 3.69 cumulative grade point average; C.B. McGrath with a 3.55 cumulative grade point average; Terry Nooner, Billy Thomas, Joel Branstrom, Nick Bradford, B.J. Williams and Steve Ran som; Coaches Matt Doherty, Neil Dougherty and Joe Holladay: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the 1996-97 University of Kansas men's basketball team for its successes during the past year; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Coach Roy Williams, Raef LaFrentz, Jacque Vaughn, Scott Pollard, Paul Pierce, Jerod Haase, Ryan Robertson, T.J. Pugh, C.B. McGrath, Terry Nooner, Billy Thomas, Joel Branstrom, Nick Bradford, B.J. Williams, Steve Ransom, all in care of Coach Roy Williams, 250 ACE, University of Kansas, Lawrence, KS 66045-0000. On emergency motion of Senator Praeger SR 1852 was adopted unanimously. Senator Praeger presented each member and coach with the Kansas flag. Coach Williams introduced the team members, coaches and Chancellor Hemenway, who were enthusias tically rewarded with a standing ovation. REPORTS OF STANDING COMMITTEES Committee on Education begs leave to submit the following report: The following appointments were referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointments: By the Governor: State Board of Regents: K.S.A. 74-3201 Harry Craig, Jr., term expires January 15, 2001 Sidney T. Warner, term expires January 15, 2001 STRICKEN FROM THE CALENDAR On motion of Senator Emert SB 208; HB 2307; Sub HB 2331 were stricken from the calendar. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, April 10, 1997. April 9, 1997 609 HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+