January 16 1998



Journal of the Senate

FIFTH DAY______Senate Chamber Topeka, Kansas

                                                                                  Friday, January 16, 1998--9:00 a.m.


The Senate was called to order by President Dick Bond.

The roll was called with thirty-five senators present.

Senators Barone, Corbin, Harrington, Karr and Praeger were excused.

President Bond introduced as guest chaplain, Dr. Tony Mattia, Pastor, Trinity Baptist
Church, Wamego, Kansas, who delivered the invocation:

      Our Heavenly Father, we thank you for this day that you have made; we will rejoice
      and be glad in it. We thank you that you are a Sovereign God who controls all things.

      We know that each senator is here by your divine providence and appointment, for
      you have ordained the powers that be. We ask you this day for wisdom that comes
      only from God.

      Guide this Senate as they conclude this first week of 1998.

      Help each Senator to realize the grave and awesome responsibility they have to
      represent the people; and honor, respect, and defend our Constitution and the laws
      of God. For you tell us, ``blessed is the nation whose God is the Lord.''

      We ask all of this in the Name of our Lord Jesus Christ,

      AMEN.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

The following bills were introduced and read by title:

SB 450, An act concerning certain state officers and employees; relating to governmental
ethics; amending K.S.A. 1997 Supp. 46-237a and repealing the existing section, by Com-
mittee on Elections and Local Government.

SB 451, An act concerning the commission on governmental standards andconduct; re-
lating to the powers and duties thereof; amending K.S.A. 25-4161 and 46-256 and repealing
the existing sections, by Committee on Elections and Local Government.

SB 452, An act concerning elections; relating to campaign finance; relating to violations
thereof; amending K.S.A. 25-4142 and repealing the existing section, by Committee on
Elections and Local Government.

SB 453, An act concerning governmental ethics; relating to certain violations, by Com-
mittee on Elections and Local Government.

SB 454, An act concerning the campaign finance act; relating to certain violations thereof;
amending K.S.A. 25-4142 and repealing the existing section, by Committee on Elections
and Local Government.

SB 455, An act concerning governmental ethics; relating to certain violations; relating to
liability for violations by another person, by Committee on Elections and Local Government.

SB 456, An act concerning criminal procedure; relating to aid to indigent defendants;
claims for compensation by attorneys; amending K.S.A. 22-4507 and repealing the existing
section, by Committee on Judiciary.

SB 457, An act concerning insurance premium taxes; providing for tax credits for certain
policies, by Committee on Financial Institutions and Insurance.

SB 458, An act concerning the tuition grant program; affecting eligibility requirements
for participation; amending K.S.A. 1997 Supp. 72-6107 and 72-6111 and repealing the ex-
isting sections, by Committee on Education.

SB 459, An act concerning the regents supplemental grant program; affecting eligibility
requirements for participation; amending K.S.A. 1997 Supp. 74-32,120 and 74-32,124 and
repealing the existing sections, by Committee on Education.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

The following bills were referred to Committees as indicated:

Assessment and Taxation: SB 438, 440, 441, 442.

Education: SB 443, 444, 445, 446, 447.

Financial Institutions & Insurance: SB 439.

Judiciary: SB 448, 449.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

Senator Becker introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1804--

A RESOLUTION in memory of Lewin Wasser.

    WHEREAS, Lewin Wasser, 72, of Lenexa, died December 3, 1997, at his home; and

    WHEREAS, Lewin Wasser was deeply devoted to his community. He served on the
Lenexa Parks and Recreation Board for 21 years, and, upon retirement therefrom, was the
only person ever appointed as an ex-officio member. He frequently amazed other board
members with his knowledge of the trees and grasses at the park sites; and

    WHEREAS, Lewin Wasser served as a scoutmaster enough years to mold an entire
generation of Lenexa youth into young adulthood; he served on Lenexa's Volunteer Fire
Department, was an active member of the Lenexa Historical Society and volunteered to
assist in the annual special events of the community, including the July 4th Community
Days, the Kansas State Championship Barbeque Contest, the Lenexa Spinach Festival, the
Lenexa Chili Challenge, the Lenexa National Three Dimensional Art Show and the Great
Heartland Trails Festival; and

    WHEREAS, Lewin Wasser and his wife, Bette, have lived in Lenexa since the 1950's
raising two sons, Rob and Steve; and

    WHEREAS, Lewin Wasser is missed by all who knew him and the city of Lenexa has
benefited greatly from his generous involvement in the community affairs of the city of
Lenexa over the years: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Lewin Wasser; and

    Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mrs. Lewin Wasser, 9638 Haskins Street, Lenexa, Kansas 66215.

On emergency motion of Senator Becker SR 1804 was adopted unanimously.

Senators Jordan, Becker, Bond, Brownlee, Langworthy and Schraad introduced the fol-
lowing Senate resolution, which was read:

SENATE RESOLUTION No. 1805--

A RESOLUTION congratulating and commending

Command Sergeant Major James L. Skalitzky.

    WHEREAS, Command Sergeant Major (CSM) James L. Skalitzky, of Shawnee, is retir-
ing from the Army National Guard on March 25, 1998, after over 26 years of service; and

    WHEREAS, CSM James L. Skalitzky was appointed Command Sergeant Major for the
LaVern E. Weber, National Guard, Professional Education Center, Camp Joseph T. Rob-
inson, North Little Rock, Arkansas, on March 18, 1996. CSM Skalitzky was previously
assigned to Headquarters, U.S. Army Field Artillery Training Center, Fort Sill, Oklahoma;
and

    WHEREAS, CSM Skalitzky began his military service in the U.S. Army in August 1965.
He was discharged from the enlisted ranks to accept appointment to Warrant Officer in
June 1969. After discharge from the Active Army, he joined the Kansas Army National
Guard. He has served in a variety of assignments including NCOIC, Artillery Battalion Fire
Direction Control Center; Battalion Security and Intelligence NCO; Senior Instructor/
Writer and Chief, Training Development and Retention Divisions; Army National Guard
Recruiting and Retention Department; Enlisted Training Coordinator; and Task Force
FAST SGM, Office of the Deputy Chief of Staff-Training, Headquarters TRADOC; and
Senior Army National Guard Training Center Liaison NCO and Command Sergeant Major
2nd Battalion, 80th Field Artillery, Ft. Sill, Oklahoma; and

    WHEREAS, CSM Skalitzky's awards and decorations include the Bronze Star Medal,
Purple Heart, Meritorious Service Medal with three Oak Leaf Clusters, Army Commen-
dation Medal with Oak Leaf Cluster, Army Achievement Medal with Oak Leaf Clusters,
Good Conduct Medal, fifth award, National Defense Medal, Vietnam Service Medal with
six Campaign stars, NCO Professional Development Ribbon with Numeral 4, Army Service
Ribbon, Overseas Ribbon, second award, Republic of Vietnam Cross of Gallantry with Palm
and Vietnam Civil Actions Medal First Class. He has also been inducted into the Honorable
Order of Saint Barbara.

    WHEREAS, CSM Skalitzky's long and faithful service in the defense of his country has
been accomplished through considerable personal sacrifice by him and his family and re-
flects great credit upon himself, his state and his country; and

    WHEREAS, CSM Skalitzky is married to the former Grace Hafner; they currently reside
in Sherwood, Arkansas. They have two daughters, Christina Cooper and Diana Skalitzky:
Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Command Sergeant Major Skalitzky upon his retirement from distinguished military service;
and

    Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to the Commander, LaVern Weber National Guard Professional
Education Center, Attn: MSG Frank M. Sebastino, Post Office Box 797, North Little Rock,
Arkansas 72115-0797.

On emergency motion of Senator Jordan SR 1805 was adopted unanimously.

REPORTS OF STANDING COMMITTEES

Committee on Elections and Local Government recommends SB 397 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 2:30 p.m., Tuesday, January 20,
1998.

                                                                              HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of the Senate.