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,
One reported incident in the life of Abraham Lincoln may shed some light on why
he is considered one of history's greatest statesmen.
A colleague, concerned about the vituperative attacks upon Lincoln, asked, ``Mr.
President, you have the power to destroy your enemies, why don't you?'' To which
Lincoln replied, ``I do destroy them. I make friends out of them.''
When asked ``What is a statesman?''
There's a quality I perceive
Which distinguishes the statesmen
From what others might achieve.
Others seem to be content
With beating an adversary;
To vanquish an opponent
Is all that's necessary.
But statesmen have a nobler aim
Than an opponent's humiliation;
They hope they can attain
A ``win-win'' situation.
Instead of winning out
In every confrontation,
They seek to win them over
With sensitive persuasion.
Rather than winning arguments
And in the process losing friends,
They try to make them allies
When the disputation ends.
After all, a defeated foe
Is rarely knocked completely out.
But a foe who's been converted
Has nothing left to fight about.
Help us, Lord, to be less concerned
With how many victories we can win;
But that truth will find a way
To make us allies in the end.
I pray in Jesus' Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 642, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for state agencies; authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations, and directing or authorizing certain receipts
and disbursements and acts incidental to the foregoing; amending K.S.A. 79-2959, 79-2964,
79-3425i and 79-34,147 and repealing the existing sections; also repealing section 23 of
chapter 123 of the 1997 Session Laws of Kansas, by Committee on Ways and Means.
SB 643, An act making and concerning appropriations for the fiscal year ending June 30,
1998, for the department of administration, state bank commissioner, state historical society,
Kansas state board of cosmetology, board of nursing, state board of pharmacy, Kansas, Inc.,
behavioral sciences regulatory board, Kansas public employees retirement system, Kansas
dental board, department of revenue, state board of indigents' defense services, health care
stabilization fund board of governors, citizens' utility ratepayer board, department of human
resources, department of social and rehabilitation services, department on aging, depart-
ment of revenue--homestead property tax refunds, Kansas commission on veterans affairs,
Kansas state university veterinary medical center, Kansas state university, Wichita state
university, university of Kansas medical center, Emporia state university, Fort Hays state
university, Pittsburg state university, Kansas arts commission, juvenile justice authority, state
fire marshal, ombudsman of corrections, Kansas parole board, attorney general--Kansas
bureau of investigation, Kansas sentencing commission, Kansas department of agriculture,
Kansas wheat commission, state fair board, state conservation commission, department of
health and environment and adjutant general; authorizing certain transfers and capital im-
provement projects, imposing certain restrictions and limitations, and directing or author-
izing certain receipts and disbursements and acts incidental to the foregoing, by Committee
on Ways and Means.
SB 644, An act concerning state agencies; relating to the issuance of bonds, by Senator
Hensley.
SB 645, An act concerning school district finance; providing weighting for maintenance
of preferred pupil/teacher ratio (PTR) classes; amending K.S.A. 1997 Supp. 72-6407 and
repealing the existing section, by Senators Hensley, Barone, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Jones, Karr, Petty and Steineger.
SB 646, An act establishing the fast start school readiness preschool program; prescribing
powers, duties and functions for the state board of education; prescribing guidelines for
grants; making and concerning appropriations for the fiscal year ending June 30, 1999, for
the department of education, by Senators Hensley, Barone, Biggs, Downey, Feleciano,
Gilstrap, Gooch, Goodwin, Jones, Karr, Lee, Petty and Steineger.
SB 647, An act to establish a task force to study the implementation of a statewide school-
to-work opportunities system, by Committee on Education.
SB 648, An act creating the transportation capital enhancement fund; financing city,
county and other subdivisions in the state of Kansas; building and maintaining roads and
highways and other transportation facilities; amending K.S.A. 68-2315 and repealing the
existing section, by Committee on Ways and Means.
SB 649, An act concerning children and minors; relating to visitation rights of grandpar-
ents; amending K.S.A. 38-129 and 59-2118 and repealing the existing sections, by Senator
Karr.
SB 650, An act concerning crimes, criminal procedure and punishment; relating to chem-
ical treatment for certain offenders convicted of sexually violent offenses; amending K.S.A.
1997 Supp. 21-4610, 21-4611 and 22-3717 and repealing the existing sections, by Committee
on Judiciary.
SB 651, An act concerning certain alcohol and drug-related offenses; relating to suspen-
sion and restriction of driving privileges; ignition interlock devices; amending K.S.A. 12-
4416 and 22-2909 and K.S.A. 1997 Supp. 8-262, 8-1008, 8-1014, 8-1015, 8-1016 and 8-1567
and repealing the existing sections, by Committee on Judiciary.
SB 652, An act concerning crimes and punishment; relating to aggravated battery against
a law enforcement officer; amending K.S.A. 21-3415 and repealing the existing section, by
Senator Hensley.
SB 653, An act concerning civil procedure; relating to liens for labor and materials; real
property; amending K.S.A. 60-1101, 60-1103 and 60-1103a and repealing the existing sec-
tions, by Senator Gooch.
SB 654, An act concerning youth correctional facilities; relating to crimes committed
therein; reporting of incidents; investigations by attorney general or county or district at-
torney; prescribing certain criminal acts and penalties therefor, by Senator Hensley.
SB 655, An act concerning health care providers; establishing the board of medical pro-
fessions, powers and duties thereof; fund, licensing, disciplinary actions; amending K.S.A.
22a-226, 22a-243, 39-952, 40-2,100, 40-2,101, 40-12a01, 40-19c03, 48-1601, 60-513d, 60-
2609, 65-118, 65-1,113, 65-5a01, 65-6b01, 65-6b05, 65-2008, 65-2802, 65-2812, 65-2813,
65-2822, 65-2833, 65-2865, 65-2872, 65-2873, 65-2881, 65-2886, 65-2896a, 65-2896b, 65-
2896d, 65-2897a, 65-2897b, 65-2898a, 65-28,100, 65-28,102, 65-28,121, 65-28,122, 65-
28,123, 65-28,124, 65-2903, 65-2904, 65-2905, 65-2907, 65-2909, 65-2910, 65-2911, 65-
2918, 65-2919, 65-4116, 65-4909, 65-4921, 65-5402, 65-5404, 65-5413, 65-5502, 65-5504,
65-5513, 74-3223, 74-3226, 74-3246, 74-3248, 75-3717, 75-6102, 76-387, 79-201a and 79-
3606 and K.S.A. 1997 Supp. 7-121b, 12-736, 38-135, 38-1522, 39-1501, 40-1126, 40-1127,
40-1128, 40-1129, 40-2230, 40-22a10, 40-3103, 40-3202, 40-3401, 40-3403, 40-3409, 40-
3414, 40-4602, 59-2946, 65-448, 65-1501a, 65-1940, 65-2836, 65-2895, 65-2896, 65-28,125,
65-28,126, 65-2906, 65-4003, 65-4915, 65-4941, 65-5201, 65-6112, 65-6805, 65-6902, 65-
6910, 65-6912, 74-4914e, 74-4916, 74-4960 and 74-4960a and repealing the existing
sections; also repealing K.S.A. 65-2869, 65-2870, 65-2873a, 65-2874, 65-2875 and 65-2887
and K.S.A. 1997 Supp. 59-2946a, by Committee on Public Health and Welfare.
SB 656, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4153 and 25-4169a and K.S.A. 1997 Supp. 25-4143, 25-4152 and 25-4157a and repealing
the existing sections, by Senator Huelskamp.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
The President withdrew SB 298 from the Committee on Education, and referred the bill
to the Committee on Judiciary.
REFERRAL OF APPOINTMENTS
The following appointment made by the Governor and submitted to the senate for con-
firmation, was referred to Committee as indicated:
Kansas Air National Guard,
Brigadier General, Russell C. Axtell, effective upon date of confirmation by the Kansas
Senate for a period as provided in K.S.A. 48-209, when appointee reaches age 64.
(Federal and State Affairs)
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Donovan 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.
On roll call, the vote was: Yeas 19, nays 21, present and passing 0; absent or not voting
0.
The motion to concur failed and SB 234 remains in conference.
EXPLANATION OF VOTE
Mr. President: I vote NO for the same reasons that I voted NO last session. I am most
interested in making progress on this important issue, not rhetoric.
In fact since last April 30th the facts seem to me to be clearer than ever, and that is
simply that SB 234, as it now stands, will never be enacted into law. My understanding is
that the 10th Circuit US Court of Appeals ruled in June that defining viability is a respon-
sibility of physicians, not the calendar. Nor the Legislature. I'm confident the current bill
is flawed when strong advocates of it, including an attorney, promise to run a trailer bill to
clean it up.
There have been several other developments that clearly indicate to me that the Confer-
ence Committee on this important matter should work in earnest to bring back to the body
a bill that can be enacted. I urge them to do so expeditiously, so that real progress can be
made on this important issue.--Jim Barone
Mr. President: I agree that some abortion procedures are grisly, and I believe that far
too many abortions are performed. But, I also believe that some abortions might be justified;
such as in the case of rape, incest, to protect the life of the mother, and severe abnormality
of the fetus. Those type decisions should be made by the woman in consultation with her
doctor, clergy, husband, etc., but not by legislators.
Mr. President, I vote NO on this motion and I encourage the conference committee to
continue to work on a bill that makes sense and is acceptable to all of us.--Rich Becker
Mr. President: I vote aye and do have a statement for the record.
I would remind those who have spoken so eloquently on this issue that there is life after
birth. There are many pro-life issues, including some that were before us last week as
alternatives to the Republican tax benefit bill for the well off and higher income. The earned
income tax credit would have helped the working poor. The food sales tax rebate and re-
duced sales tax on food would have helped single moms and other low income families buy
formula and groceries for their families. Increased standard income tax deductions would
have helped these same people. Your votes on these issues were negative. There is more to
pro-life than being anti-abortion.--Don Biggs
Mr. President: ``We can rationalize, we can deny what we know to be true in our hearts
. . . The bottom line is we don't value life very much. We frame many issues in the context
of being for the children: child care, children's health insurance and numerous safety issues.
It is a sad commentary on our national condition that we are incapable of recognizing that
the most unsafe place for the children of American is in the womb of the mothers who carry
them.''--Laurie Bleeker
Mr. President: I vote ``Aye'' because of the truth of what Senator Gilstrap read from
the Old Testament. Twenty years ago I had two close friends who chose abortions and I
defended their decisions. As I realized the truth of the Old Testament words, I could no
longer defend their choice but had to defend the unborn children. There have been so many
abortions; Senator Donovan said 33,000,000; that we have all been touched personally by
abortion through a friend or relative, could we please base our vote not on defending some-
one's choice in your past but base your vote on hope and a future for unborn children.--
Karin Brownlee
Mr. President: I vote no on SB 234. I will not vote for a bill that misleads the public.
They have been told that this bill will stop third trimester abortions.
It will not stop abortions because it will be ruled unconstitutional in this state just like it
has been ruled so in every other state where a legislature, instead of a physician, has tried
to designate viability.
Those advancing this bill are ignoring the constitutional questions in their efforts to stop
abortions, and in some cases, they have chosen politics over substance in this battle. By
refusing to help craft a bill that will pass the constitutional issues, they are guaranteeing
additional abortions, not restricting them. How sad and how misleading for the thousands
who have been asked to write letters and sign postcards to pass a bill that won't stop abor-
tions. I will put my time and energy into passing constitutional abortion bans.--Christine
Downey
Senator Goodwin requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Downey on SB 234.
Mr. President: During my six years in the Kansas Senate, I have come to appreciate
the diversity of its members. Each of us is different, with a different constituency, and a
different agenda. But the one thing that we all share is that on the first day we walked into
this beautiful chamber,we raised our right hands and promised ourselves, our constituents
and each other to support the Constitution of the United States and the Constitution of the
State of Kansas so help me God.
I intend to keep that promise; therefore I vote NO on the motion to concur on amend-
ments to SB 234.--Tim Emert
Mr. President: I proudly vote yes to concur on SB 234.
I hope the vote to concur would prevail, however if the motion fails I would support the
comments from the Senator from Douglas, to work for solid reporting language and toward
a compromise on late term abortion bans. Viability is an issue we must address whether it
be 24 weeks or not. In the Supreme Court decision of Casey, the Court commented that
only in ``rare'' circumstances is the pregnancy itself a danger to a woman's own life or health.
The Court stated that ``in some broad sense it might be said a woman who fails to act
before viability has consented to the state's intervention on behalf of the developing child''.
Mr. President the majority of Kansans do not support abortions in the 7th, 8th, and 9th
month of pregnancy.--Nancey Harrington
Mr. President: One of our most famous presidents, Thomas Jefferson, stated that ``
The care of human life and happiness, and not their destruction, is the first and only object
of good government.''
My dear colleagues, abortion is clearly the destruction of innocent human life, it is clearly
not the care of human life and happiness. Mr. President I vote as I'm sure Thomas Jefferson
would have voted if he were here today. I vote to concur in the house amendments to SB 234.--Tim Huelskamp
Senator Salmans requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Huelskamp on SB 234.
Mr. President: I am supportive of a true ban on partial birth abortion and strong
restrictions on late term abortions. I will not support SB 234 as it was amended by the
House because it is clearly unconstitutional and because it is so unclear that it would be
impossible to be enforced. Let us now proceed to a good and workable bill. I vote no.--
Dave Kerr
Mr. President: I feel I will be held accountable by my Creator for my vote here today
on this one designated important bill. This is the same Creator who is referred to in the
Declaration of Independence when it says:
`` That they are endowed by their Creator with certain inalienable Rights. . . .''-- Robert
Tyson
Mr. President: Many of us look back to the attempted removal of Jews from the face
of the earth during the Nazi reign of Germany. We ask ourselves, how could people stand
back and watch this happen. It has been said, ``All it takes for evil to persist is to have good
people to do nothing.''
Today, each of us have a chance to do something. We cannot pass the buck. For many
of us, this will be the most important stand or act of our lives.
It is time that once again we put value in all life, even life in the womb.
Our Nation can no longer deny God's word and the value placed in the lives of his
children.
Our country has a great Christian heritage that I believe was the cornerstone to building
a strong nation. God has blessed our nation because his principles were proclaimed from
our pulpits and practiced by our people, as well as that government which represented our
people. I, along with many government leaders at all levels, must do what we can to once
again incorporate God's law in our daily lives and into the institution of government that
governs our nation. God's favor will not always be with that nation that relies on it's own
foolish knowledge and selfishness.--Dwayne Umbarger
Senator Praeger moved the Senate Concur in house amendments to SCR 1613.
SCR 1613, A concurrent resolution establishing a task force on long-term care services
to study services provided by the public and private sector to citizens of the state and laws
and rules and regulations relating to such services.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 394, An act concerning the SRS transition oversight committee; composition; duties;
continuing the committee in existence for a certain period; amending K.S.A. 1997 Supp.
46-2701 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
SB 400, An act concerning assignment of space and facilities in the state capitol; amending
K.S.A. 75-3765a and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
SB 429, An act concerning the Kansas sentencing commission; relating to membership
thereof; amending K.S.A. 1997 Supp. 74-9102 and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 436, An act establishing a joint committee to study and make recommendations
regarding taxation of the electricity industry, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
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,
was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 467, An act concerning the behavioral sciences regulatory board; relating to psychol-
ogists and masters level psychologists; amending K.S.A. 1997 Supp. 74-5311 and 74-5363
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 491, An act concerning municipal energy agencies; amending K.S.A. 12-886 and
12-897 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 493, An act relating to city and countywide retailers' sales taxation; authorizing Sher-
man county to impose sales tax for highway improvement purposes; classifying cities for
health care services financing purposes; amending K.S.A. 1997 Supp. 12-187, 12-188, 12-
189 and 12-192 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
SB 510, An act concerning the state educational institutions; relating to residence of
students for fee purposes; amending K.S.A. 76-729 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.
SB 520, An act concerning crimes and punishment; relating to unlawful sexual relations;
amending K.S.A. 21-3520 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.
SCR 1617, A concurrent resolution urging the United States Congress to support mod-
ernization of US-169 highway by designating it as a demonstration project, was considered
on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Committee on Assessment and Taxation recommends HB 2631, as amended by
House Committee of the Whole, be passed.
Committee on Financial Institutions and Insurance recommends SB 462 be
amended on page 6, in line 14, by striking ``closing'' and inserting ``: Closing''; in line 16, by
striking ``or'' and inserting ``and'';
On page 8, in line 42, by striking ``statute book'' and inserting ``Kansas register'' and the
bill be passed as amended.