J o u r n a l o f t h e S e n a t e SIXTY-SECOND DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Wednesday, April 30, 1997--10:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. President Bond introduced as guest chaplain, Senator Nick Jordan, Shawnee, who deliv ered the invocation: As I was thinking about what to pray today, I thought about a prayer by King Solomon in I Kings 3:9-13. Solomon, as King of Israel, realized the awesome responsibility of his office, He asked that God give him an understanding heart to judge between good and evil. God was pleased with his prayer since Solomon didn't ask for long life, riches, or the life of his enemies, but that he asked for himself discernment to understand justice. Let's pray. Heavenly Father, first we come today with humility, recognizing your ultimate authority. Your word says we should pray for all those in authority here on earth. Today, I simply pray the prayer of Solomon. Grant each Senator the ability to discern good and evil and to understand justice. Give us knowledge and with that knowledge understanding and with understanding, wisdom. I pray that legislation we pass out of this chamber will be good and just. Secondly, your word says we are to honor those in authority. Thank you for all those who serve in this chamber, their talents and dedication. May your blessings be upon them and their families. Thank you, Lord, for your word says you will do abundantly and exceedingly above all we ask. In Christ's name, I pray. Amen. MESSAGE FROM THE GOVERNOR SB 104, 124, 197, 210 approved on April 22, 1997. SB 7, 22, 43, 51, 63, 65, 68, 99, 131, 145, 147, 162, 165, 166, 221, 229, 232, 276, 332, 333 approved on April 24, 1997. April 17, 1997 Message to the Senate of the State of Kansas: Enclosed herewith is Executive Directive No. 97-257 for your information. Bill Graves Governor The President announced Executive Directive No. 97-257,Authorizing Certain Personnel Transactions, is on file in the office of the Secretary of the Senate and is available for review at anytime. April 18, 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 18, 1997, pursuant to law. Bill Graves Governor 682 JOURNAL OF THE SENATE Member, KPERS Board of Trustees, Vern R. Chesbro, pursuant to the authority vested in me by K.S.A. 74-4905, effective upon the date of confirmation by the Senate to fulfill an unexpired term ending January 15, 1999. Reappointed. Commissioner, Kansas Juvenile Justice Authority, Albert R. Murray, pursuant to the au thority vested in me by K.S.A. 75-7001, effective upon the date of confirmation by the Senate to serve at the pleasure of the Governor. April 22, 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 22, 1997, pursuant to law. Bill Graves Governor Secretary, Kansas Department of Health and Environment, Gary R. Mitchell, pursuant to the authority vested in me by K.S.A. 75-5601, effective upon the date of confirmation by the Senate to serve at the pleasure of the Governor. Succeeds James O'Connell. April 28, 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 28, 1997, pursuant to law. Bill Graves Governor Member, Kansas, Inc., Janet C. Gardner, pursuant to the authority vested in me by K.S.A. 74-8001, effective upon the date of confirmation by the Senate to serve a four-year term ending January 15, 2001. Succeeds Greg Jones. COMMUNICATIONS FROM STATE OFFICERS DEPARTMENT OF ADMINISTRATION Division of Accounts and Reports April 16, 1997 Shirley A. Moses, Director, Division of Accounts and Reports, submitted the State of Kansas Monthly Financial Report for the month of March, 1997. The 1996 Citizen Review Boards annual report, prepared by the Corporation for Change and the Office of Judicial Administration was submitted. 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. ORIGINAL MOTION Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: SB 234. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Bleeker moved the Senate Concur in house amendments to SB 234. SB 234, An act concerning abortions; amending K.S.A. 1996 Supp. 65-6703 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 18, nays 22, present and passing 0; absent or not voting 0. Yeas: Biggs, Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Morris, Pugh, Salmans, Schraad, Steffes, Tyson, Umbarger. Nays: Barone, Becker, Bond, Corbin, Downey, Emert, Feleciano, Gooch, Goodwin, Hen sley, Jones, Karr, Kerr, Langworthy, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Stei neger, Vidricksen. The motion to concur failed and SB 234 remains in conference. April 30, 1997 683 EXPLANATION OF VOTE Mr. President: I previously voted yes on Partial Birth Abortions and will again every time I'm given the opportunity. I am a ``results'' oriented person. For the past several years, we have been unable to pass significant legislation banning or limiting abortions. I feel much of this is because of the tactics used by special interest groups concerning this issue. It is time for results, not political and posturing statements. The Governor made it very clear in his letter of April 29 that he intends to veto this bill. As a pro-life Democrat, it would be easy for me to just sign off on this bill and allow it to be used as a political weapon against our Republican Governor. I refuse to do that. It may be good politics but it is not good for the state of Kansas. To me progress is important, not politics.--J. L. Barone Senators Downey and Kerr request the record to show they concur with the ``Explanation of Vote'' offered by Senator Barone on SB 234. Mr. President: I was ready to vote yes on this legislation three weeks ago when it was first presented on this floor. The tactics and misrepresentations since that day have been very disappointing and sometimes repulsive to me. I do not fault the rank and file members of Kansans for Life as a great majority of their calls and letters have been courteous and sincere in their purpose. I do fault the leadership of Kansans for Life. I resent being classified based on a single vote on a single issue. I refuse to be intimidated by such tactics nor will I be a rubber stamp vote for Kansans for Life or any other single issue special interest group. If my convictions were less strong, the recent happenings would have caused me to change from the vote I was prepared to make three weeks ago.--Don Biggs Mr. President: The key in this vote is that we want to protect viable babies. The issue is not lobbying tactics nor a possible veto by the Governor. All third trimester babies are worthy of protection. All third trimester abortion procedures are horrid and this is why a third trimester ban was added to the ban on partial birth abortions. I urge you to vote yes to protect unborn children.--Karin Brownlee Mr. President: In the five years that I have been in the Kansas Senate, we have been unable to pass significant legislation banning or limiting abortions. The time has come for results not rhetoric. It is my personal goal to: (1) Ban all partial-birth abortions in Kansas, (2) Ban all third-trimester abortions in Kansas, (3) Ban abortions of every kind that we are allowed to ban constitutionally. A ``yes'' vote on this motion to concur in the House amendments to Senate Bill 234 will mean that the 1997 session of the Legislature will once again leave Topeka without having enacted into law any significant legislation to curtail the abominable rate of abortions in our state. The reason being, if such a motion to concur passes, SB 234 will never become law because of the veto power of the Governor. It has always been my belief that to get a ``piece'' of the pie is better than none. A few steps forward will get us closer to the goal. A ``yes'' vote on this motion is to make no progress at all. Therefore, Mr. President, I vote ``no.''--Tim Emert Senators Downey, Feleciano and Vidricksen request the record to show they concur with the ``Explanation of Vote'' offered by Senator Emert on SB 234. Mr. President: If finding the procedure of partial birth abortion to be abhorrent which is known to occur in the late term stages of pregnancy, then all forms of third trimester abortion procedures should be equally abhorrent. We have heard that the Governor plans to veto this bill so why vote in favor of this legislation by a vote to concur. This is not a monarch form of government, we are a rep resentative government. When I ran for this office, voters, and now my constituents, did 684 JOURNAL OF THE SENATE not then, and do not now expect me to shrink from a position or a vote based on what possible action may come from the executive branch of government. We insult both our constituents and this institution when we politically grandstand and hide behind a possible veto by the Governor. I vote yes to concur on SB 234.--Nancey Harrington Senator Umbarger requests the record to show he concurs with the ``Explanation of Vote'' offered by Senator Harrington on SB 234. Mr. President: I vote for the children, I vote for the gift of life, I vote for what's right and moral, I vote aye on this measure.--Tim Huelskamp Mr. President: I vote to concur on SB 234 not for political reasons but for a higher reason and that is I value life. Many points have been overlooked about this bill, including the fact it brings us into closer conformity with Supreme Court decisions including a phrase regarding the health of the mother. There are a vast number of abortions performed for reasons other than life or health of the mother. These are particularly troublesome. I believe this bill begins the process of protecting innocent lives.--Nick Jordan Senators Tyson and Umbarger request the record to show they concur with the ``Expla nation of Vote'' offered by Senator Jordan on SB 234. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Oleen, Clark, Steffes and Vidricksen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1859-- A RESOLUTION congratulating and commending Kansas State University (KSU) scholarship and award winners. WHEREAS, Three KSU students, John Carpenter, Manhattan, Wendy Reeves, Oberlin, and Lance Davidson, Salina, have won $14,000 Barry M. Goldwater scholarships, which can be used for up to two years of undergraduate studies. KSU, with 30 Goldwater scholarships, is first in the nation of public universities receiving such awards and second only to Princeton University which has received 32 Goldwater scholarships; and WHEREAS, Two KSU students, Justin Kastner, Manhattan, a senior in food service, and Vicki Choitz, Salina, a senior in political science and political science education, international studies and women's studies, have won $30,000 Harry S. Truman scholarships. Truman scholarships are geared toward college students who plan to work in public service. KSU is first in the nation among public universities with 21 Truman scholars, and this is the seventh time KSU has produced two Truman scholars in one year; and WHEREAS, Laura Bathurst, Abilene, has been selected as a Mellon fellow which pro vides her $13,750 plus tuition and fees for a year of graduate study; and WHEREAS, Jennifer Pruitt, Minneapolis, has been placed on USA Today's All-USA Collegiate Academic Second Team for her research of the efficacy of DARE, a popular drug prevention program that targets grade school children, and has been honored as among the top 40 college students in the nation. She is the only student in the Big 12 Conference to be so honored: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend these outstanding scholars and Kansas State University for their outstanding scholastic ac complishments; and Be it further resolved: That the Secretary of the Senate be directed to provide eight enrolled copies of this resolution for distribution to Dr. Jon Wefald, President, Kansas State University, John Carpenter, Wendy Reeves, Lance Davidson, Justin Kastner, Vicki Choitz, Laura Bathurst and Jennifer Pruitt, all in care of Dr. Jon Wefald, President, Kansas State University, 110 Anderson Hall, Kansas State University, Manhattan, Kansas 66506. On emergency motion of Senator Oleen SR 1859 was adopted unanimously. Senator Oleen introduced award recipients Justin Kastner, Manhattan and Vicki Choitz, Salina. April 30, 1997 685 REPORTS OF STANDING COMMITTEES Committee on Commerce recommends HB 2462 be amended by substituting a new bill to be designated as ``Senate Substitute for HOUSE BILL No. 2462,'' as follows: ``SENATE SUBSTITUTE FOR HOUSE BILL No. 2462 By Committee on Commerce ``AN ACT concerning consumer protection; relating to telephone solicitation; amending K.S.A. 50-670 and repealing the existing section.''; and the substitute bill be passed. REPORT ON ENGROSSED BILLS SB 22, 221 reported correctly re-engrossed April 12, 1997. SB 51, 63 reported correctly re-engrossed April 14, 1997. SB 7, 145, 147, 162, 165, 197, 229 reported correctly re-engrossed April 15, 1997. SB 232, 333 reported correctly re-engrossed April 16, 1997. REPORT ON ENROLLED BILLS SB 104, 124, 210 reported correctly enrolled, properly signed and presented to the Governor on April 14, 1997. SB 7, 22, 43, 51, 63, 65, 68, 99, 131, 145, 147, 162, 165, 166, 197, 221, 229, 232, 276; Sub. SB 332; SB 333 reported correctly enrolled, properly signed and presented to the Governor on April 18, 1997. SR 1854, 1855, 1856, 1857, 1858 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on April 14, 1997. SCR 1614 reported correctly enrolled, properly signed and presented to the Secretary of State on April 18, 1997. On motion of Senator Emert, the Senate recessed until 2:00 p.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE HOUSE The House announces the appointment of Representative Wagle to replace Represen tative Bradley as a conferee on SB 204. REFERRAL OF APPOINTMENTS The following appointment made by the Governor and submitted to the senate for con firmation, was referred to Committee as indicated: Commissioner, Kansas Juvenile Justice Authority, Albert R. Murray, to serve at the pleasure of the Governor. (Judiciary) ORIGINAL MOTION Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: Sub. SB 317. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR Senator Morris moved the Senate Concur in house amendments to Sub. SB 317. Sub. SB 317, An act abolishing the Kansas state grain inspection department; relating to the transfer of duties and powers thereof; amending K.S.A. 34-101, 34-101c, 34-102, 34111, 34-223, 34-227b, 34-229, 34-230, 34-230a, 34-230b, 34-231, 34-233, 34-235, 34-236, 34-238, 34-241a, 34-246, 34-249a, 34-251, 34-257a, 34-273, 34-295a, 34-295b, 34-298, 34299, 34-2,104 and 34-2,110 and K.S.A. 1996 Supp. 34-101b, 34-125, 34-228, 74-4911f, 75-3170a and 77-415 and repealing the existing sections; also repealing K.S.A. 34-101a, 34101d, 34-102a, 34-104, 34-105, 34-106, 34-107, 34-110, 34-112a, 34-113, 34-121, 34-122, 34-123, 34-124, 34-127, 34-224, 34-227 34-227a, 34-2,100, 75-1701, 75-1702, 75-1703, 75 686 JOURNAL OF THE SENATE 1704, 75-1706, 75-1709 and 75-1711 and K.S.A. 1996 Supp. 34-102b, 34-103a and 34-2,108, was considered on final action. On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Feleciano, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jor dan, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Nays: Gilstrap, Jones, Karr, Lawrence, Steineger. The Senate concurred. REPORTS OF STANDING COMMITTEES Committee on Commerce begs leave to submit the following report: The following appointment was referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointment: By the Governor: Kansas, Inc.: K.S.A. 74-8001 Larry K. Williams, term expires January 15, 2001 Committee on Judiciary begs leave to submit the following report: The following appointment was referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointment: By the Governor: Commissioner of Juvenile Justice: K.S.A. 1996 Supp. 75-7001 Albert R. Murray, serves at the pleasure of the Governor On motion of Senator Emert the Senate adjourned until 10:00 a.m., Thursday, May 1, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+