January 15, 1998
Journal of the Senate
FOURTH DAY______Senate Chamber Topeka, Kansas
Thursday, January 15, 1998--2:30 p.m.
The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with thirty-seven senators present.
Senators Corbin, Karr and Praeger were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
It matters not how good the times,
None of us have a doubt
That all the people with whom we deal
Find plenty to worry about.
Many worry about their taxes,
And about the amount of crime.
Some worry why the stock market
Can't make up its mind.
Some worry how they lose their money
At an alarming rate.
While there seems no easy way to lose
Just a few pounds of weight.
Some worry about global warming,
Others about education.
Some are getting quite concerned.
About deregulation.
While some folks have to worry
About how to pay the rent,
Others are concerned about
The return of Raef LaFrentz.
Some worries seem quite serious,
Others rather small,
But regardless of the size of them,
They worry about them all!
The reason we need help,O God,
Is because it's human nature
If El Nino's not to blame,
It must be the legislature!
I pray this in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 438, An act relating to sales taxation; concerning the treatment of coupons; amending
K.S.A. 79-3602 and repealing the existing section, by Senator Salisbury (By request).
SB 439, An act concerning health maintenance organizations; licensing and regulation of
medicare provider organizations; amending K.S.A. 40-3207, 40-3208, 40-3210, 40-3211, 40-
3213, 40-3214, 40-3215, 40-3219, 40-3220 and 40-3221 and K.S.A. 1997 Supp. 40-3202, 40-
3203, 40-3204, 40-3209 and 40-3225 and repealing the existing sections, by Committee on
Financial Institutions and Insurance.
SB 440, An act enacting the income tax relief act of 1998; amending K.S.A. 79-32,110,
79-32,119 and 79-32,121 and repealing the existing sections, by Committee on Assessment
and Taxation.
SB 441, An act enacting the business tax relief act of 1998; amending K.S.A. 79-201w
and repealing the existing section, by Committee on Assessment and Taxation.
SB 442, An act relating to taxation, enacting the Kansas estate tax act; amending K.S.A. 79-1541a, 79-1541b, 79-
1542, 79-1564, 79-1569, 79-1570, 79-1571, 79-1572, 79-1574, 79-1575, 79-1576, 79-1579,
79-1580 and 79-1587 and repealing the existing sections; also repealing K.S.A. 79-1537, 79-
1537b, 79-1537c, 79-1537e, 79-1537f, 79-1538, 79-1538a, 79-1539, 79-1540, 79-1541,
79-1542a, 79-1543, 79-1545, 79-1547, 79-1548, 79-1549, 79-1550, 79-1551, 79-1552, 79-
1553, 79-1554, 79-1555, 79-1556, 79-1557, 79-1557a, 79-1559, 79-1560, 79-1561, 79-1562,
79-1563,79-1563a, 79-1565, 79-1566, 79-1567, 79-1567a, 79-1568, 79-1573, 79-1584, 79-
1584a, 79-1584b, 79-1584c, 79-1585 and 79-1586, by Committee on Assessment and
Taxation.
SB 443, An act concerning school districts; disallowing the counting of certain pupils for
purposes of computations under the school district finance and quality performance act;
amending K.S.A. 1997 Supp. 72-1046a, 72-6407 and 72-6757 and repealing the existing
sections, by Committee on Education.
SB 444, An act amending the Kansas proprietary school act; affecting definitions; in-
creasing fees for certificates of approval and registration of representatives of schools; es-
tablishing the proprietary school tuition protection fund and prescribing revenue sources;
providing for the assistance of students upon school closures; amending K.S.A. 72-4919, 72-
4920, 72-4921, 72-4922, 72-4924, 72-4925, 72-4926, 72-4927, 72-4928, 72-4929, 72-4931,
72-4933, 72-4934, 72-4935, 72-4936, 72-4937, 72-4938, 72-4939 and 72-4940 and K.S.A.
1997 Supp. 72-4932 and repealing the existing sections; also repealing K.S.A. 72-4917, 72-
4918 and 72-4923, by Committee on Education.
SB 445, An act concerning community colleges; relating to determination of credit hour
state aid and out-district tuition and state aid; amending K.S.A. 71-1702 and K.S.A. 1997
Supp. 71-301 and 71-602 and repealing the existing sections, by Committee on Education.
SB 446, An act concerning school districts; relating to the duration of short-term sus-
pensions of pupils from school; amending K.S.A. 1997 Supp. 72-8902 and repealing the
existing section, by Committee on Education.
SB 447, An act concerning school district finance; increasing base state aid per pupil;
affecting determination of at-risk, low enrollment, and correlation weightings; amending
K.S.A. 1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 and repealing the ex-
isting sections, by Committee on Education.
SB 448, An act concerning the eminent domain procedure act; amending K.S.A. 26-504,
26-505, 26-508 and 26-513 and repealing the existing sections, by Committee on Judiciary.
SB 449, An act concerning crimes, criminal procedure and punishment; relating to lesser
included offenses; amending K.S.A. 21-3107 and 22-3414 and repealing the existing sections,
by Committee on Judiciary.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 433.
Elections and Local Government: SB 430, 431, 432.
Energy and Natural Resources: SB 427.
Federal and State Affairs: SB 428.
Judiciary: SB 429, 435.
Public Health and Welfare: SB 434, 437.
Utilities: SB 436.
MESSAGE FROM THE GOVERNOR
OFFICE OF THE GOVERNOR
January 15, 1998
The Honorable Dick Bond
President of the Senate
State Capitol, 3rd Floor
Topeka, KS 66612
RE: Communication to the House and Senate pursuant to K.S.A. 22-3703
Gentlemen:
This is my report of pardons to the Legislature pursuant to K.S.A. 22-3703. That statute
requires that I communicate to both houses at each regular session a list of all persons
pardoned by me during the preceding year.
For calendar year 1997, no pardons or clemencies were granted. A total of 21 applications
for pardon or clemency were denied.
My policy regarding pardons and clemencies remains the same, i.e., that they should be
granted when a gross miscarriage of justice has occurred and all other judicial remedies
have been exhausted and have failed to correct the injustice. I have yet to review an appli-
cation that fits this criteria.
Very sincerely,
Bill Graves
Governor
COMMUNICATIONS FROM STATE OFFICERS
KANSAS DEPARTMENT OF TRANSPORTATION
January 1998
E. Dean Carlson, Secretary of Transportation, submitted the Kansas Department of
Transportation's annual report in compliance with the requirements found in K.S.A. 68-
2315.
The Vice-President announced the above report is on file in the office of the Secretary
of the Senate and available for review at any time.
REPORTS OF STANDING COMMITTEES
Committee on Judiciary recommends SB 404 be passed.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 16,
1998.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.