The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, Pastor Randy Beeman, Edwardsville Chris-
tian Church, Edwardsville, who delivered the invocation:
Dear Heavenly Father, In Jesus' name, we give thanks for our country and its gov-
ernment. We hold up in prayer before you and all people the men and women who
are in positions of authority. We pray and intercede for our president, for our state
senators and representatives, our judges, as well as our governor and mayors, and
for all those who are in authority over us in any way. We pray that the spirit of the
Lord Jesus Christ rests upon each of them. I pray that each senator this afternoon
will seek a close, personal relationship with you. We believe that skillful and godly
wisdom has entered into the hearts of our senators and knowledge is pleasant to
them. Discretion watches over them; understanding keeps them and delivers them
from the way of evil and from evil people.
Father, we ask that You surround these senators with men and women who make
their hearts and ears attentive to godly counsel and do that which is right in Your
sight. We believe You cause them to be men and women of integrity who are obe-
dient concerning us that we may lead a quiet and peaceable life in all godliness and
honesty. Father I am personally grateful that for four generations my family has
enjoyed the guiding hand of our leaders of Kansas. I pray that our current senators
will let my children enjoy the same blessings I have received. We pray that the
upright shall dwell in our government . . . (tri-stars)at men and women blameless and
complete in Your sight, Father, shall remain in these positions of authority. Lord
Jesus, let their lives be an example of humility, integrity and the wisdom of God, for
each person they represent in this state. Let them be quick to seek your forgiveness
and the forgiveness of others when they have done wrong.
Father, this afternoon, the decisions that will be made will affect this state in many
ways for many years. Help our senators to focus on eternal issues. I pray they will
not become slaves only to the immediate. Grant them wisdom. May their actions
and decisions show that they love you Father and that they love the people they
serve.
Your Word declares that ``blessed is the nation whose God is the Lord.'' We give
thanks unto You that the good news of the Gospel is published in our land. The
Word of the Lord prevails and grows mightily in the hearts and lives of the people.
We give thanks for this land and the leaders You have given to us, Jesus' name. Jesus
is Lord over this State. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 674, An act concerning salaries and compensation for state officers and employees;
providing for modification of the pay plan; amending K.S.A. 75-2938 and repealing the
existing section, by Committee on Ways and Means.
SB 675, An act concerning the Kansas development finance authority; authorizing the
issuance of bonds for projects of statewide as well as local importance; amending K.S.A. 74-
8907, 79-3603 and 79-3703 and K.S.A. 1997 Supp. 74-8902 and 74-8905 and repealing the
existing sections, by Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Commerce: SB 672.
Elections and Local Government: HB 2727.
Energy and Natural Resources: SCR 1619.
Financial Institutions & Insurance: HB 2763.
Ways and Means: SB 673.
CHANGE OF REFERENCE
The President withdrew SB 448 from the Calendar under the heading of General Orders
and rereferred the bill to the Committee on Judiciary.
The President withdrew SB 494 from the Calendar under the heading of General Orders
and referred the bill to the Committee on Ways and Means.
The President withdrew SB 538, 539 from the Committee on Judiciary, and referred the
bills to the Committee on Ways and Means.
MESSAGE FROM THE GOVERNOR
SB 373 approved on February 17, 1998.
COMMUNICATIONS FROM STATE OFFICERS
WASHBURN UNIVERSITY
Office of the President
February 13, 1998
Dr. Jerry B. Farley, President, Washburn University, submitted the 1997 Annual Report
and the first edition Media Guide to the Kansas Legislature.
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.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2531, 2686, 2738, 2761.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2531, 2686, 2738, 2761 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Kerr moved the Senate Concur in house amendments to SB 14.
SB 14, An act concerning the department of administration; relating to administration of
the deferred compensation plan for public officers and employees; amending K.S.A. 75-
5525 and repealing the existing section.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Senator Steffes moved the Senate Concur in house amendments to SB 15.
SB 15, An act concerning the Kansas life and health insurance guaranty association act;
relating to coverage of the Kansas public employees deferred compensation plan; amending
K.S.A. 40-3003 and 40-3008 and repealing the existing sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 497 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.
SB 497, An act concerning the joint committee on corrections and juvenile justice over-
sight; amending K.S.A. 1997 Supp. 46-2801 and repealing the existing section.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 428, An act relating to certain communications by employees of state agencies; pro-
hibiting certain acts and providing remedies; amending K.S.A. 75-2973 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 451, An act concerning the commission on governmental standards and conduct;
relating to the powers and duties thereof; amending K.S.A. 25-4161 and 46-256 and re-
pealing 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 464, An act concerning the composition of the joint committee on special claims
against the state; amending K.S.A. 46-912 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 484, An act concerning the practice of pharmacy; filling transferred prescriptions;
amending K.S.A. 1997 Supp. 65-1656 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 495, An act concerning certain claims against the state; making appropriations, au-
thorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures 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.
SB 542, An act concerning motor vehicles; relating to certificates of title; amending K.S.A.
8-116a and K.S.A. 1997 Supp. 8-135 and 8-145 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.
HB 2631, An act concerning tourism; special revenue bonds therefor; development of a
motor speedway; amending K.S.A. 12-1777, 79-3620, 79-3620b and 79-3710 and K.S.A.
1997 Supp. 12-1770, 12-1771, 121773, 12-1774 and 12-1775 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 28, nays 12, present and passing 0; absent or not voting
0.
Mr. President: During the 1997 session I was pleased to sponsor the bills to provide
TIF and enterprise zone incentives for the NASCAR track to locate in Kansas. The Inter-
national Speedway Corporation has an excellent track record spanning the past 50 years.
It is unfortunate that the bill we vote on today has significant questions of cost which
remain unanswered. Even more disconcerting is the apparent lack of interest in dispelling
some of the rumors. The evidence of this is in the rush job done on this bill, pushing final
action prematurely.
I strongly support economic development in our state and specifically in Wyandotte
county. I also believe local control is important. However, when a local government draws
on such great state resources, this body has great responsibility and is properly and integrally
involved.
Shouldering this responsibility, I vote yes with great reservations for HB 2631.--Karin
Brownlee
Mr. President: I oppose HB 2631 for the following reasons:
1. This bill is ``Robin Hood in reverse'' where the state takes from the poor and gives to
the rich.
2. The bill provides for the condemnation of private property by a public entity with the
stated purpose of selling the condemned land to a private for-profit company.
3. The bill grants 30 years of tax abatement to a private company.
4. In the first phase of construction approximately 3 4/ of the funding is coming from public
sources.
5. There is such a rush by vested interests to pass this bill that our usual practice of
waiting on a fiscal note statement is being bypassed, raising the suspicion that the
promoters are afraid of what the report will show.
6. The taxpayers will have no opportunity to vote on whether they approve this financial
commitment.
7. There is no clear understanding in this chamber of the development agreement, the
obligations, commitments or professional charges, nor whether they may have conflict-
ing interests.
8. The state is being obligated to provide $43 million in roads and economic incentives.
9. The obligation of ISC ends after 5 years. The taxpayers bond obligation goes on for
25 more years.
This bill sets too many precedents with adverse future consequences.--Stan Clark
Senator Tyson requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Clark on HB 2631.
Mr. President: I vote YES on HB 2631. Today, we take the positive step toward
benefitting our state and benefitting, in particular, the greater Kansas City area.
Wyandotte County is an economically depressed community. The people of this com-
munity have been hopeful for greater progress and for more support from this Legislature
for many, many years.
Each time, the people of Wyandotte County have come up short. Each time, the people
of Wyandotte County have been disappointed.
Today, the years of disappointment are over.
Today, this Legislature is on record in its support for a brighter future for Wyandotte
County and our entire state.
It's about time.--Anthony Hensley
Mr. President: We had no fiscal note by which to evaluate this bill. Given the conse-
quential economic impacts of HB 2631, it is irresponsible to pass this bill without a fiscal
note.--Tim Huelskamp
Mr. President: My yes vote on HB 2631 is for several reasons, but primarily that I
believe in and support local government. They are elected people, with the responsibility
of accountability to the electorate that put them in office. The unified government of Wy-
andotte county--Kansas City, Kansas initiated this program with ISC and I have all the
confidence necessary to believe that my city/county government is acting responsible.
Therefore I vote yes on HB 2631.--Sherman Jones
Mr. President: I have wanted to support this proposed race track in Wyandotte County
ever since it emerged as a possibility. This was made more difficult by the speed which this
bill was brought to the floor. There was not a good opportunity to evaluate the plan in all
respects, the state commitment of over $40 million, the precedent set in paying 125% of
appraisal value, the 30 year tax abatement and the additional land being obtained for un-
defined purposes.
Despite misgivings and some trepidation for the expectations on future projects, I am
voting yes for Wyandotte County's future and in the hope the new Unified Government will
meet with much success.--Dave Kerr
Mr. President: I vote aye on HB 2631. This racetrack will undoubtedly be good for
the State of Kansas and Wyandotte county. There were many pros and cons to weigh to
arrive at my decision to support this bill and the deciding factors were the positive impact
for our existing retail base, most importantly our small merchants who will benefit from the
tourist dollars that will pour in on race weekends, and for the chance that this racetrack
might jump start the development of Wyandotte county's west end over the next many
years.--Chris Steineger
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Petty introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1815--
By Senator Petty
A RESOLUTION recognizing Frances E. Willard.
WHEREAS, The year 1998 marks the 100th anniversary of the death of a remarkable
American woman, Frances E. Willard; and
WHEREAS, As a suffragette, Frances E. Willard worked for women's right to vote, the
education and protection of women and children, the eight-hour day, equal pay for equal
work, uniform marriage and divorce laws, prison reform and as a tireless advocate for the
protection and the sanctity of the home. She and Kansas suffragists had much in common,
as Kansas became the first state to allow women municipal voting rights, paving the way for
the election of the first female mayor in the nation. The Women's Suffrage Movement, to
honor the forward thinking of the state of Kansas, adopted the Kansas state flower, the
sunflower, as its emblem; and
WHEREAS, As an organizer and leader in the temperance movement and national of-
ficer in the Woman's Christian Temperance Union, Frances E. Willard opposed the use of,
and sought to educate the nation to the dangers of alcohol, tobacco and other drugs; and
WHEREAS, As an educator, Frances E. Willard trained women, encouraged them to
function at their best, and helped provide a door through which women could enter into
service of their community, country and world. She founded, organized, sponsored and
encouraged many organizations that 100 years after her death still continue in their impor-
tant missions; and
WHEREAS, As an author, editor and lecturer, Frances E. Willard made the nation, and
then the world, conscious that the responsibility for, and the guidance of, human affairs
belong to women as well as to men; and
WHEREAS, As an example, Frances E. Willard today stands as a reminder to all that
women can ``Do Everything'' to which they set their minds and hearts: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we honor the 100th anniversary
of the death of Frances E. Willard and recognize the contributions she made to our society;
and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Frances Wood, 4724 SE 37th Street, Topeka, Kansas
66605.
On emergency motion of Senator Petty, SR 1815 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends SB 487 be amended on page 3, by striking
lines 2 through 16 and inserting a new subsection as follows:
``(j) The pooled money investment board shall enter into an agreement with Kansas
venture capital, inc., by which the board of Kansas venture capital, inc. will redeem and the
pooled money investment board will sell the nonvoting preferred stock representing the
board's investment in Kansas venture capital, inc. pursuant to this section. The agreement
shall provide that the preferred stock shall be redeemed in exchange for total consideration
of $5,000,000. Such payment may be made in such installments as the board of Kansas
venture capital, inc. deems appropriate. Kansas venture capital, inc. shall make an initial
minimum payment of $1,000,000 payable on or before July 31, 1998. Kansas venture capital,
inc. shall continue to make minimum payments of $1,000,000, or with respect to the final
payment, such lesser amount as will permit full redemption of the stock on or before July
31st of each successive year until the entire amount of the stock is redeemed. The agreement
shall further provide that the payment obligation of Kansas venture capital, inc. shall be
deferred as to any scheduled payment or portion thereof in the event that the making of
such payment would result in the corporation having a book value of less than $10,000,000
or cause the corporation to be in violation of the minimum capital requirements or other
provisions of the small business investment act of 1958, and amendments thereto, or the
rules and regulations thereunder. Any deferred payment, subject to the deferral conditions
contained herein, shall be payable on the next scheduled payment date, when such amount
plus any scheduled payment shall either be paid in full, further deferred to the next payment
date or paid in part to the extent that such deferred payment would not result in further
deferral of the combined payment. After each installment payment is received, a percentage
of the nonvoting preferred stock shall be redeemed proportionally to the percentage of the
$5,000,000 payment to be made by the corporation. All such redemption payments shall be
made to the pooled money investment board. The pooled money investment board shall
remit to the state treasurer all moneys received by or for it from Kansas venture capital,
inc. for the redemption of the nonvoting preferred stock. Upon receipt of each such remit-
tance, the state treasurer shall deposit the entire amount in the state treasury to the credit
of the public water supply loan fund.'';
Also on page 3, in line 30, by striking ``1985'' and inserting ``1997'';
On page 4, in line 10, by striking ``1985'' and inserting ``1997''; and the bill be passed as
amended.
Also SB 554 be amended on page 3, in line 7, by striking all after ``(d)''; by striking line
8; in line 9, by striking all before ``Taxpayers''; also in line 9, by striking all after ``may''; in
line 10, by striking all before ``claim''; in line 43, by striking ``the'' and inserting ``allowed
cash investment for which''; also in line 43, by striking ``which''; also in line 43, by striking
``for'';
On page 4, in line 1, by striking ``investments made''; in line 3, by striking ``venture-
capital''; and the bill be passed as amended.
Committee on Elections and Local Government recommends SB 450 be amended
on page 1, by striking all in lines 26 and 27; in line 28, by striking all preceding the semicolon;
and the bill be passed as amended.
Committee on Judiciary recommends SB 482 be amended on page 7, in line 11, by
striking ``or''; in line 14, after the semicolon, by inserting ``or''; after line 14, by inserting a
new paragraph as follows:
``(H) in any application for registration as a broker-dealer, agent, investment adviser or
investment adviser representative all as defined in K.S.A. 17-1252 and amendments
thereto;'';
On page 8, in line 32, by striking ``or'' where it appears for the last time; in line 37, by
striking the period and inserting ``; or
(11) the Kansas securities commissioner, or a designee of the commissioner, and the
request is accompanied by a statement that the request is being made in conjunction with
an application for registration as a broker-dealer, agent, investment adviser or investment
adviser representative by such agency and the application was submitted by the person
whose record has been expunged.``;
On page 11, in line 42, by striking ``or'';
On page 12, in line 2, after the semicolon by inserting ``or''; after line 2, by inserting a
new paragraph as follows:
``(H) in any application for registration as a broker-dealer, agent, investment adviser or
investment adviser representative all as defined in K.S.A. 17-1252 and amendments
thereto;'';
On page 13, in line 27, by striking ``or''; in line 32, by striking the period and inserting ``;
or
(12) the Kansas securities commissioner or a designee of the commissioner, and the
request is accompanied by a statement that the request is being made in conjunction with
an application for registration as a broker-dealer, agent, investment adviser or investment
adviser representative by such agency and the application was submitted by the person
whose record has been expunged.'';
Also on page 13, after line 32, by inserting a new section as follows:
``Sec. 6. K.S.A. 22-2911 is hereby amended to read as follows: 22-2911. (a) If the county
or district attorney finds at the termination of the diversion period or any time prior to the
termination of the diversion period that the defendant has failed to fulfill the terms of the
specific diversion agreement, the county or district attorney shall inform the district court
of such finding and the district court, after finding that the defendant has failed to fulfill
the terms of the specific diversion agreement at a hearing thereon, shall resume the criminal
proceedings on the complaint.
(b) If the defendant has fulfilled the terms of the diversion agreement, the district court
shall dismiss with prejudice the criminal charges filed against the defendant. The terms of a diversion agreement which have been fulfilled shall be confidential and shall be available only to any city, county or district attorney or court or the attorney general.
(c) The county or district attorney shall forward to the Kansas bureau of investigation
a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement
required to be filed under K.S.A. 22-2909 and amendments thereto. Such record shall be
made available upon request to any county, district or city attorney or court.
(d) The county or district attorney shall forward to the division of vehicles of the state
department of revenue a record of the fact that a defendant did or did not fulfill the terms
of a diversion agreement required to be filed under K.S.A. 22-2909 and amendments
thereto. Such record shall be made available to any city, county or district attorney or court.'';
And by renumbering sections accordingly;
Also on page 13, in line 33, after ``6.'' by inserting ``K.S.A. 22-2911 and'';
On page 1, in the title, in line 10, after ``amending'' by inserting ``K.S.A. 22-2911 and'';
and the bill be passed as amended.
Committee on Ways and Means recommends SB 465 be amended on page 1, in line
19, by striking ``5%'' and inserting ``10%''; also in line 19, by striking ``$25'' and inserting
``$30''; in line 25, by striking ``statute book'' and inserting ``Kansas register'' and the bill be
passed as amended.