The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with thirty-six senators present.
Senators Emert, Gooch, Petty and Vidricksen were excused.
President Bond delivered the invocation:
A PRAYER FOR CHILDREN
1. We pray for children
who sneak popsicles before supper,
who erase holes in math workbooks,
who can never find their shoes.
2. And we pray for those
who can't bound down the street in a new pair of sneakers,
who are born in places we wouldn't be caught dead,
who never go to the circus,
who live in an X-rated world.
3. We pray for children
who bring us sticky kisses and fistfuls of dandelions,
who hug us in a hurry and forget their lunch money.
4. And we pray for those
who never get dessert,
who have no safe blanket to drag behind them,
who can't find any bread to steal,
who don't have any room to clean up,
whose pictures aren't on anybody's dresser.
5. We pray for children
who spend their allowance before Tuesday, who throw temper tan-
trums in the grocery store and pick at their food,
who don't like to be kissed in front of the car pool,
who squirm in church or temple and scream in the phone.
6. And we pray for those
whose nightmares come in the daytime,
who must eat anything,
who have never seen a dentist,
who aren't spoiled by anybody,
who live and move, but have no real being.
7. We pray for children who want to be carried
and for those who must be carried,
for those we never give up on and for those
who don't get a second chance.
And for those who will grab the hand of anyone kind enough to offer it.
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 4, by Senator Marge Petty: a petition favoring a one time technology grant, signed by
Eric D. Rockerr and other students of the Student Government Association of Regents
Institutions.
SP 5, by Senator U.L. ``Rip'' Gooch: a petition urging the Legislature and Governor to
repeal the sales tax on labor, overhead and profit for remodeling projects, signed by Tom
Scheffer and 620 other citizens of Kansas.
SP 6, by Senator Dick Bond: a petition urging the Kansas Senate to repeal the sales tax
on labor, overhead and profit for remodeling projects in order to preserve the stock of
existing housing and to make decent housing more affordable for all the citizens of Kansas,
signed by Michael D. King and 727 other citizens of Kansas.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 676.
Elections and Local Government: SB 677; HB 2729, 2787.
Judiciary: HB 2282, 2312, 2676.
Transportation and Tourism: HB 2760.
Utilities: HB 2743.
CHANGE OF REFERENCE
The Vice-President withdrew SB 218, 226, 392, 574 from the Committee on Ways and
Means, and rereferred the bills to the Committee on Financial Institutions and Insurance.
The Vice-President withdrew SB 231, 593, 628, 629 from the Committee on Ways and
Means, and rereferred the bills to the Committee on Judiciary.
The Vice-President withdrew SB 622 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Public Health and Welfare.
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
February 19, 1998
Shirley A. Moses, Director, Division of Accounts and Reports, Department of Adminis-
tration, submitted a copy of the State of Kansas Monthly Financial Report for the month of
January, 1998.
In addition, the Monthly Financial Perspective will replace the publication of the Monthly Financial Report , effective with fiscal year 1999.
Enhanced monthly financial information is available on the internet under Monthly Fi- nancial Perspective. There is also a web-site available.
The Vice-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 2724.
Announcing, the House accedes to the request of the Senate for a conference on SB 500
and has appointed Representatives Phill Kline, Powell and Larkin as conferees on the part
of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2724 was thereupon introduced and read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
A RESOLUTION congratulating and commending Emil Lutz, Jr.
WHEREAS, Emil Lutz, Jr. retired January 1, 1998, after serving 10 years as Director of
Legislative Administrative Services for the state of Kansas; and
WHEREAS, Emil Lutz, Jr. was reared on a farm near Berryton and, after completing
high school, served three years in the United States Army; and
WHEREAS, Emil Lutz, Jr. then attended Washburn University majoring in business
administration while working part-time for the Kansas State Highway Commission. He was
graduated as the class valedictorian; and
WHEREAS, Emil Lutz, Jr. accepted a job with Southwestern Bell Telephone after col-
lege and ultimately became the employment manager for the northern half of Kansas. He
worked for Southwestern Bell for nearly 30 years, retiring from this position in 1985; and
WHEREAS, Emil Lutz, Jr. subsequently returned to full-time employment in 1986 when
he became the Tele-Communications Director for a new state agency, the Kansas Lottery;
in 1988 he accepted the position of Director of Legislative Administrative Services for the
State of Kansas. He has served with distinction in both positions; and
WHEREAS, The state of Kansas and its citizens have benefited greatly from the generous
efforts, spirit and talents of this accomplished Kansan; and
WHEREAS, Emil Lutz, Jr. and his wife, Marita, have a son, Brian, a daughter, Barbara,
and two grandchildren, Preston and Mallory; and
WHEREAS, Emil Lutz, Jr. and his wife plan to spend some time traveling, particularly
in the winter months, and he hopes to spend more time with his hobbies which include
toys, model railroads, guns, and old cars and farm tractors: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Emil Lutz, Jr. for the meritorious service he has given the state of Kansas and wish him an
enjoyable retirement; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mr. Emil Lutz, Jr., 2744 Faxon Street, Topeka, Kansas 66605.
On emergency motion of Senator Bond SR 1817 was adopted unanimously.
President Bond introduced Emil Lutz, his wife Marita, and expressed appreciation to Mr.
Lutz for a decade of service to the legislature.
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1818--
A RESOLUTION congratulating and commending Amanda Nelson.
WHEREAS, Amanda Nelson, a straight A student at Goddard High School, has been
named as the winner of a 1998 Clay Barton Scholarship. The scholarship provides a stipend
of $7,500 per year for four years and is the university's largest business scholarship; and
WHEREAS, Amanda Nelson's scholarship is based not only on grades but also on an
essay, a business planning exercise and interviews; and
WHEREAS, Amanda Nelson's parents are Larry and Vicky Nelson; and
WHEREAS, Amanda Nelson's selection as the 1998 Clay Barton Scholar rewards her
for her hard work and success in high school and reflect great credit upon her, her parents,
school and community: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Amanda Nelson for being selected the 1998 Clay Barton Scholar; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mr. and Mrs. Larry Nelson, 10219 W. May, Wichita, Kansas 67209
and to Dean Plagge, Principal, Goddard High School, Box 189, Goddard, Kansas 67052.
On emergency motion of Senator Harrington SR 1818 was adopted unanimously.
Recipient Amanda Nelson, her parents Vicky and Larry Nelson were introduced and
welcomed by Senator Harrington and members of the Senate.
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1819--
A RESOLUTION congratulating and commending Tyler Cott.
WHEREAS, Tyler Cott, a senior at Derby High School and the son of Jeff and Rhonda
Cott, was awarded a Gore Scholarship from Wichita State University. The scholarship pro-
vides for an award of $10,000 per year for four years; and
WHEREAS, Tyler Cott, who describes himself as completely ordinary, plays football and
basketball for Derby High School, is a member of the National Honor Society and the
Fellowship of Christian Athletes, is heavily involved in the planning for the 1998 National
Association of Student Councils Conference, scheduled for the spring of 1998 in Derby,
and still finds time to act as a big brother for a Derby Middle School student; and
WHEREAS, Tyler Cott's hard work at Derby High School, and the scholarship he has
been awarded, are the result of out-of-the-ordinary efforts on his part and reflect great
credit on him, his parents, his school and community: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Tyler Cott upon being awarded a Gore Scholarship from Wichita State University and wish
him every success in his college endeavors; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mr. and Mrs. Jeff Cott, 1313 S. Briarwood Road, Wichita, KS
67037.
On emergency motion of Senator Harrington SR 1819 was adopted unanimously.
Senator Harrington introduced recipient Tyler Cott, accompanied by parents, Jeff and
Rhonda Cott, brother, Kevin Cott and grandparents Katie and Hoover Cott.
Senators Karr and Oleen introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1820--
A RESOLUTION congratulating and commending Dr. Kay K. Schallenkamp.
WHEREAS, Dr. Kay K. Schallenkamp was officially installed Saturday, February 14,
1998, as the 14th President of Emporia State University; and
WHEREAS, Dr. Schallenkamp's inauguration highlighted a weeklong celebration having
the theme, ``The Vision of 1863--Celebrating our Community of Learners,'' in honor of the
135th anniversary of the founding of Kansas' first school for training teachers. In her in-
augural address she stated: ``We are on the doorstep of the information age'' and declared
that everyone needs to work together to accomplish the university's mission of preparing
the leaders of the future--wherever that might lead. Featured items of the inauguration
ceremony were music composed especially for the event by Dr. Gary D. Ziek, assistant
professor of music, and the use of a ceremonial mace designed by Adam Schack, a freshman
art major. Robert Talkington, Chair of the Kansas Board of Regents and former President
of the Kansas Senate, directed the final installation of Dr. Schallenkamp; and
WHEREAS, Dr. Schallenkamp was born in Salem, South Dakota. She earned a bache-
lor's degree from Northern State College, a master's degree from the University of South
Dakota and a Ph.D. from the University of Colorado. Before coming to Emporia State
University she was provost and vice-chancellor for academic affairs at the University of
Wisconsin-Whitewater. She also served as provost at Chadron State University (NE) and
dean of graduate studies and research and professor of communication disorders at Northern
State University (SD); and
WHEREAS, Emporia State University was founded as the Kansas Normal School in 1863
as the state's first school for training teachers. It started with 18 pupils using the second
floor of the district school house. In its history the institution has struggled with drought,
renegade buffalo hunters, revengeful Indians, depression, doubt, jealousy and extreme lack
of appropriations. However, by 1882 it had 400 students and by 1889 it was the largest
normal school in the country. Other names for the university have been Kansas State Teach-
ers College (1923), Emporia Kansas State College (1974) and currently, Emporia State
University (1977). The university enjoys a national reputation as a leader in teacher edu-
cation. The present student body comes from 100 Kansas counties, 45 states and 55 coun-
tries. It is supported by an alumni base of more than 38,000 individuals: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Dr. Kay K. Schallenkamp upon her inauguration as President of Emporia State University;
and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Dr. Kay K. Schallenkamp, President, Emporia State Uni-
versity, 1200 Commercial, Emporia, KS 66801-5087.
On emergency motion of Senator Karr SR 1820 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Elections and Local Government recommends SB 561 be amended
on page 1, by striking all in lines 34 through 38 and inserting the following:
``(c) The owner of a structure shall supply and install all required smoke detectors. The
owner of a structure shall test and maintain all smoke detectors, except inside rental units,
the occupant shall test and maintain all smoke detectors after taking possession of the
dwelling unit.'';
Also on page 1, in line 41, by striking ``power line'' and inserting ``system''; in line 43, by
striking ``power line'' and inserting ``system'';
On page 2, by striking all in lines 1 through 4 and inserting the following:
``(e) Officials responsible for the enforcement of the smoke detector act shall not enter
a dwelling unit solely for the purpose of determining compliance with the provisions of the
smoke detector act except when:
(1) Conducting an inspection prior to the issuance of an occupancy permit or building
permit;
(2) responding to a report of a fire in a dwelling unit, except in cases of a false alarm;
or
(3) conducting, at the request of the owner or occupant, a home safety inspection.'';
Also on page 2, in line 8, by striking ``damages'' and inserting ``civil liability''; in line 11,
by striking ``damages'' and inserting ``civil liability'';
In the title, by striking all in lines 9 and 10 and inserting ``AN ACT concerning certain
structures; relating to smoke detectors.''; and the bill be passed as amended.
Also SB 562 be amended on page 1, in line 15, by striking ``19-1432'' and inserting
``19-1430''; in line 21, by striking ``state highway commission'' and inserting ``Kansas de-
partment of transportation''; in line 29, by striking all after the period; in line 30, by striking
all preceding ``If''; in line 31, following ``monument'' by inserting ``which projects above the
usual grade of a roadbed''; following line 36, by inserting the following:
``Nothing in this section shall be construed as prohibiting the resetting of cornerstones or
monuments by any land surveyor during the course of a survey paid for by the landowner
requesting such survey.''; and the bill be passed as amended.
Committee on Financial Institutions and Insurance recommends SB 424 be
amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No.
424,'' as follows:
``Substitute FOR SENATE BILL No. 424
By Committee on Financial Institutions and Insurance
``AN ACT relating to Kansas insurance coverage for children; duties of the secretary of social
and rehabilitation services.''; and the substitute bill be passed.
Also SB 439 be amended on page 2, in line 4, by striking ``health maintenance organi-
zation's''; in line 6, before ``relative'', by inserting ``or the medicare provider organization'';
On page 4, in line 29, after ``organization'', by inserting ``or medicare provider organiza-
tion''; in line 37, after ``organization'', by striking the comma;
On page 5, in line 13, before the semicolon, by inserting ``or medicare provider organi-
zation''; in line 18, after ``organization'', by inserting ``or medicare provider organization'';
On page 7, in line 4, after ``organization'', by inserting ``or medicare provider organiza-
tion'';
On page 11, following line 8, by inserting a subsection as follows:
``(f) In lieu of any of the requirements of subsection (a), the commissioner may accept
certificates of coverage issued by a medicare provider organization in conformity with
requirements imposed by any appropriate federal regulatory agency.'';
On page 14, in line 21, by striking ``himself'' and inserting ``such person''; in line 22, by
striking ``his'' and inserting ``such person's''; also in line 22, by striking ``: Provided, however,''
and inserting a period and the bill be passed as amended.
Committee on Ways and Means recommends SB 5, as amended by Senate Committee,
be amended on page 1, in line 15, by striking ``1996 Supp.'';
On page 3, in line 41, before ``contract'' by inserting ``to'';
On page 4, in line 2, following ``in'' by inserting a comma; in line 34, by striking ``1996
Supp.'';
On page 1, in the title, in line 11, by striking ``1996''; in line 12, by striking ``Supp.''; and
the bill be passed as amended.
Also SB 456 be amended on page 1, in line 24, after ``defendant'' by inserting ``prior to
or''; and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SB 14, 15, 16 reported correctly enrolled, properly signed and presented to the Governor
on February 20, 1998.
SR 1816 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 20, 1998.
On motion of Senator Ranson the Senate adjourned until 2:30 p.m., Monday, February
23, 1998.