The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Corbin was excused.
President Bond introduced as guest chaplain, Rev. Thomas Cobbs, chaplain, Colmery-
O'Neil Veterans Hospital, Topeka, who delivered the invocation:
O God, who is the ruler and Lord. You have ordained the powers that be. We
thank you for the opportunity to serve and to lead this great State. We recognize it
is a calling, first of God and the people of this union.
Grant Your grace, O Lord, to these leaders who daily make important decisions
that affect the lives of us all. Purge them of self-indulgence, and place in them a
spirit of servanthood.
With each and every decision made in these hallowed halls, help them to know
the heart and will of God. Then, help them to see, and remind them of every life
their decisions will affect.
Broaden their vision to see that You have created this unique union where all
people are considered equal and free. Strengthen, make wiser, and bless these lead-
ers for Your service. These things we ask of You, Lord and God of all, Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to Committees as indicated:
Federal and State Affairs: SCR 1620.
Judiciary: SB 683.
Utilities: HCR 5035.
Ways and Means: HB 2477.
CHANGE OF REFERENCE
The President withdrew SB 444 from the calendar under the heading of General Orders,
and referred the bill to the Committee on Ways and Means.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Hardenburger moved the Senate Concur in house amendments to SB 410.
SB 410, An act concerning the commission on governmental standards and conduct;
relating to powers and duties thereof; amending K.S.A. 25-4158, 25-4180, 46-260 and 46-
280 and K.S.A. 1997 Supp. 25-4152 and 25-4186 and repealing the existing sections, by
Senators Hardenburger, Bond, Emert, Brownlee, Donovan, Harrington, Jordan, Morris,
Praeger, Ranson, Salisbury, Tyson and Umbarger.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1825--
A RESOLUTION congratulating and commending Joel Pile.
WHEREAS, Joel Pile, 19, of Haysville, has distinguished himself at Fort Hays State
University; and
WHEREAS, Joel Pile, the son of Jerry and Debra Pile and a 1996 graduate of Haysville's
Campus High School, has achieved Junior status in 11/2 years at Fort Hays State University
averaging 23 hours a semester while maintaining a 3.0 average in political science; and
WHEREAS, Joel Pile has demonstrated great leadership qualities serving as President
of the Leadership Studies Association, President of the Residence Hall Association and
President/Secretary General of the Fort Hays State Model United Nations. He is an Ex-
ecutive Board member of the Student Government Association and maintains membership
in several clubs on campus; and
WHEREAS, As a freshman, Joel Pile traveled throughout Kansas with the President of
Fort Hays State University promoting Fort Hays State University and the new Leadership
Studies Program: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Joel Pile for his accomplishments at Fort Hays State University; 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. Jerry Pile, 1201 Riley, Haysville, Kansas 67060.
On emergency motion of Senator Harrington SR 1825 was adopted unanimously.
The senators joined Senator Harrington in welcoming Joel, along with his mother, Debbie
Pile; brother, Jeff Pile; grandmother, Sue Fair; grandfather, Richard Fair; and other family
members.
Senators Jordan, Becker, Bond, Brownlee, Langworthy and Schraad introduced the fol-
lowing Senate resolution, which was read:
SENATE RESOLUTION No. 1826--
A RESOLUTION congratulating and commending Broken Arrow Elementary School.
WHEREAS, Broken Arrow Elementary School, Shawnee Mission, has been selected to
receive a Blue Ribbon School Award; and
WHEREAS, Broken Arrow Elementary School was one of five Kansas schools nominated
by the Kansas State Department of Education for the national award. The school then was
subjected to an on-site evaluation by representatives of the U.S. Department of Education
prior to receiving the national award; and
WHEREAS, The Blue Ribbon Schools Program, which was established in 1982, honors
elementary and secondary schools which demonstrate excellence in eight areas of effective
school principles. The process involves a thorough self-evaluation by all members of the
staff, and by students, parents and community representatives; and
WHEREAS, The criteria for selection placed a strong emphasis on improvement as
measured by the success of all students. The eight areas assessed were:
Student focus and support
The school develops and maintains programs to address the diversity of student
needs.
Challenging standards and curriculum
The curriculum is researched based and challenges students to excel.
Teaching and active learning
The school develops students' love of learning, motivates them to study and maintains
an orderly environment.
Learning-centered school context
The climate of the school reflects its mission, fosters a sense of community and
respect for diversity, and develops an atmosphere that is conducive to learning
and change.
Professional growth and collaboration
On-going professional development is available to all staff. Staff work as a team to
make decisions.
Leadership and organization vitality
The mission is clear: Everyone at Broken Arrow Goes for the Best. The principal is
an instructional leader. School improvement is an on-going process.
School, family and community partnerships
The school, parents, and community work together to meet the needs of all students.
Indicators of success
Broken Arrow students consistently perform above district, state and national norms:
Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate
and commend Broken Arrow Elementary School, the faculty, students, parents and con-
cerned community members for such excellence in education; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Betsy Degen, Principal, Broken Arrow Elementary School,
5901 Alden, Shawnee Mission, Kansas 66216.
On emergency motion of Senator Jordan SR 1826 was adopted unanimously.
Senator Biggs introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1827--
A RESOLUTION congratulating and commending Andrew Gawrych.
WHEREAS, Andrew Gawrych, age 17 and a senior at Leavenworth High School, has
achieved national recognition for exemplary volunteer service by receiving a 1998 Prudential
Spirit of Community Award; and
WHEREAS, This prestigious award, presented by the Prudential Insurance Company of
America in partnership with the National Association of Secondary School Principals, honors
young volunteers across America who have demonstrated an extraordinary commitment to
serving their communities. Andrew Gawrych will receive $1,000, a silver medallion and a
trip in May to Washington, D.C. to be considered with other state selectees to be named
one of America's top ten youth volunteers; and
WHEREAS, Andrew Gawrych earned this award by establishing a student-run, teen
volunteer organization, Teen Core, whose members have contributed hundreds of hours of
volunteer service. They have done bell-ringing for the Salvation Army, assisted Reading is
Fundamental, visited the elderly, told stories at an elementary school and initiated projects
on their own. ``We wanted to prove that when left alone, teens can lead themselves and
engage in beneficial pursuits,'' Andrew Gawrych said in describing this organization; and
WHEREAS, The success of the state of Kansas, the strength of our communities and
the overall vitality of American society depend, in great measure, upon the dedication of
young people like Andrew Gawrych who use their considerable talents and resources to
serve others: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Andrew Gawrych as a recipient of a Prudential Spirit of Community Award and extend best
wishes for his continued success and happiness in life; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Andrew Gawrych, Leavenworth High School, 2012 10th
Street, Leavenworth, Kansas 66048.
On emergency motion of Senator Biggs SR 1827 was adopted unanimously.
Senator Biggs introduced and welcomed Andrew and his father, George Gawrych.
Senators Ranson, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Don-
ovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh,Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger and
Vidricksen introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1828--
A RESOLUTION in memory of Garner Shriver.
WHEREAS, Garner Shriver, of Wichita, died March 1, 1998, at age 85; and
WHEREAS, Garner Shriver, a Republican, dutifully and with integrity gave 28 years of
his life to public service for the state of Kansas, having served four years in the Kansas
House of Representatives and eight years in the Kansas Senate before being elected, in
1960, to the U.S. House of Representatives for the 4th District of Kansas, a class of freshman
congressmen that included Bob Dole and was described by President John F. Kennedy as
``a new generation of Americans.'' He served Kansas and his district honorably in Congress
for sixteen years; and
WHEREAS, Garner Shriver was known as a thoughtful and dignified legislator, having
been described by his successor as a congenial and nonpolarizing influence in Congress.
Although a member of the minority party, he was appointed to the subcommittee that
drafted the landmark legislation which eventually culminated in the Civil Rights Act signed
into law in 1964. He was a tireless campaigner for veterans' rights and introduced the bill
that gave Vietnam veterans the same educational benefits as veterans of World War II and
the Korean conflict. He was very proud of the fact that as a Republican he was liked and
trusted enough to be elected by a Democratic constituency for eight consecutive terms; and
WHEREAS, Garner Shriver was born in Towanda and moved to Wichita at an early age.
He worked his way through Wichita University and Washburn University law school earning
degrees at both schools. He joined the U.S. Navy as an enlisted sailor at the outset of World
War II and later received a commission to lieutenant senior grade, before ending the war
as a boat group commander in the Pacific theater; and
WHEREAS, Garner Shriver is survived by his wife of 56 years, Martha Jane Currier
Shriver, a son, David Shriver, and two daughters, Kay Kwon and Linda Ann Breeding: Now,
therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Garner Shriver; and
Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Mrs. Garner Shriver, 15205 Timber Lakes Circle, Wich-
ita, Kansas 67230.
On emergency motion of Senator Ranson SR 1828 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2645 be passed.
Committee on Elections and Local Government recommends SB 432 be amended
on page 1, in line 15, by striking ``Sec. 1.'' and inserting ``Section 1.''; in line 22, by striking
``$2500 or more'' and inserting ``$1000 or more for a candidate for a local office or $2500
or more for a candidate for a state office''; by striking all in lines 25 through 30 and inserting:
``(2) (A) ``Expenditure'' means: (i) Any purchase, payment, distribution, loan, advance,
deposit or gift of money or any other thing of value made for the purpose of influencing or
attempting to influence the nomination, election or defeat of any individual to state or local
office or providing information which has the effect of influencing or attempting to influence
the nomination, election or defeat of any individual to state or local office;'';
Also on page 1, in line 31, by striking ``(B)'' and inserting ``(ii)''; in line 32, by striking
``(C)'' and inserting ``(iii)''; in line 34, by striking ``(D)'' and inserting ``(iv)''; in line 35, by
striking ``(2)'' and inserting ``(B)''; in line 36, by striking ``(A)'' and inserting ``(i)''; in line 37,
by striking ``(B)'' and inserting ``(ii)''; in line 40, by striking ``(C)'' and inserting ``(iii)'';
On page 2, in line 1, by striking ``(D)'' and inserting ``(iv)''; in line 3, by striking ``or''; in
line 4, by striking ``(E)'' and inserting ``(v)''; in line 5, by striking all following ``unless''; by
striking all in line 6 and inserting ``for the purpose of influencing or attempting to influence
the nomination, election or defeat of any individual to state or local office''; in line 7, by
striking ``directly or indirectly''; in line 8, following ``influencing'' by inserting ``or attempting
to influence''; also in line 8, by striking ``or election'' and inserting ``, election or defeat''; in
line 9, by striking the period and inserting a semicolon; following line 9, by inserting the
following:
``(vi) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is influencing or attempting to influence the
nomination, election or defeat of a candidate or providing information which has the effect
of directly or indirectly influencing the nomination, election or defeat of any individual to
state or local office;
(vii) costs associated with any news story, commentary or editorial distributed in the
ordinary course of business by a broadcasting station, newspaper, other periodical publi-
cation or by internet communication;
(viii) costs associated with nonpartisan activities designed to encourage individuals to
register to vote or to vote; or
(ix) costs associated with internal organizational communications of business, labor, pro-
fessional or other associations.
(3) ``Influencing or attempting to influence'' means any communication containing ex-
press words of advocacy of nomination, election or defeat of a candidate, or any commu-
nication containing the name or picture of a candidate, or any communication containing
the name or picture of a candidate, or any communication where the identity of a candidate
is apparent by unambiguous reference.'';
Also on page 2, in line 14, following ``which'' by inserting ``the name of''; in line 28, by
striking ``, in an aggregate amount''; in line 29, by striking all before ``shall'';
On page 3, following line 9, by inserting the following:
``(g) If any provision of this section or the application thereof to any person or circum-
stances is held invalid, the invalidity does not affect other provisions or applications of this
section which can be given effect without the invalid provisions or application and to this
end the provisions of this section are severable.'';
Also on page 3, following line 36, by inserting the following:
``Sec. 3. K.S.A. 1997 Supp. 25-4157a is hereby amended to read as follows: 25-4157a.
(a) No moneys received by any candidate or candidate committee of any candidate as a
contribution under this act shall be used or be made available for the personal use of the
candidate and no such moneys shall be used by such candidate or the candidate committee
of such candidate except for:
(1) Legitimate campaign purposes, for;
(2) expenses of holding political office or for;
(3) contributions to the party committees of the political party of which such candidate
is a member;
(4) any membership dues paid to a community service or civic organization in the name of the candidate or candidate committee of such candidate;
(5) donations to a community service or civic organization which donations are made in the name of the candidate or candidate committee of such candidate; or
(6) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community.
For the purpose of this subsection, expenditures for ``personal use'' shall include expend-
itures to defray normal living expenses for the candidate or the candidate's family and
expenditures for the personal benefit of the candidate having no direct connection with or
effect upon the campaign of the candidate or the holding of public office.
(b) No candidate or candidate committee shall accept from any other candidate or
candidate committee for any candidate for local, state or national office, any moneys received
by such candidate or candidate committee as a campaign contribution. The provisions of
this subsection shall not be construed to prohibit a candidate or candidate committee from
accepting moneys from another candidate or candidate committee if such moneys constitute
a reimbursement for one candidate's proportional share of the cost of any campaign activity
participated in by both candidates involved. Such reimbursement shall not exceed an amount
equal to the proportional share of the cost directly benefiting and attributable to the personal
campaign of the candidate making such reimbursement.
(c) At the time of the termination of any campaign and prior to the filing of a termination
report in accordance with K.S.A. 25-4157, and amendments thereto, all residual funds not
otherwise not obligated for the payment of expenses incurred in such campaign or the
holding of office shall be contributed to a charitable organization, as defined by the laws of
the state, contributed to a party committee or returned as a refund in whole or in part to
any contributor or contributors from whom received or paid into the general fund of the
state.'';
And by renumbering sections accordingly;
Also on page 3, in line 37, following ``25-4152'' by inserting ``and 25-4157a'';
In the title, in line 11, following ``25-4152'' by inserting ``and 25-4157a''; and the bill be
passed as amended.
Committee on Judiciary recommends SB 482, as amended by Senate Committee, be
passed.
REPORT ON ENROLLED BILLS
SB 300 reported correctly enrolled, properly signed and presented to the Governor on
March 6, 1998.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, March 9,
1998.