May 26, 1998


Journal of the Senate


SIXTY-SEVENTH DAY
______
Senate Chamber Topeka, Kansas 
Tuesday, May 26, 1998--10:00 a.m. 
 As provided by HCR 5059, the sine die session of the regular 1998 Kansas Senate was
called to order by President Dick Bond.

 Invocation was given by Senator Salmans.

REPORT ON ENGROSSED BILLS

 SB 404 reported correctly engrossed May 3, 1998.

 SB 510 reported correctly engrossed May 4, 1998.

 Also, SB 516 correctly re-engrossed May 4, 1998.

 SB 11 correctly engrossed May 5, 1998.

 SB 262, 501, 514 correctly engrossed May 6, 1998.

 Also, SB 5, 6, 234, Sub. SB 675 correctly re-engrossed May 6, 1998.

REPORT ON ENROLLED BILLS

 SB 220, 298, 400; Sub. SB 402; H. Sub. for SB 439; SB 485; Sub. SB 573 reported
correctly enrolled, properly signed and presented to the Governor on May 5, 1998.

 Also, SR 1869, 1870 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on May 5, 1998.

 SB 5, 6, 11, 234, 262, 404, 449, 501, 510, 514, 516, 554; H. Sub for SB 671; Sub.
SB 675 were correctly enrolled properly signed and presented to the Governor on May 8,
1998.

 Also, SCR 1622 reported correctly enrolled, properly signed and presented to the Sec-
retary of State on May 8, 1998.

MESSAGE FROM THE GOVERNOR

 SB 220, 298, 400; Sub. SB 402; H. Sub. for SB 439; SB 485, 510, 554; Sub. SB 573
were approved on May 13, 1998.

 SB 5, 234, 404, 449, 516 approved on May 14, 1998.

 SB 6, 11, 262, 501, 514; H. Sub. for SB 671; Sub. SB 675 approved on May 18, 1998.

COMMUNICATIONS FROM STATE OFFICERS

KANSAS STATE DEPARTMENT OF EDUCATION
May 1, 1998
 Two annual reports compiled from information gathered on the placement and follow-
up of Kansas Students graduating from postsecondary institutions, were submitted by Andy
Tompkins, Commissioner, Kansas State Department of Education.

 The Kansas Vocational Education Accountability Report was written and supplied in
accordance with K.S.A. 72-4415, and the Kansas-Training Information Program (K-TIP)
Report was in accordance with K.S.A. 72-4451.

STATE OF ALABAMA
HOUSE OF REPRESENTATIVES
May 5, 1998
 A copy of House Joint Resolution 261, urging Congress to adopt an amendment to the
Constitution on the subject of Judicial Taxation, was received from Alabama Representative
Al Knight.

NATIONAL ASSOCIATION OF FEDERALLY IMPACTED SCHOOLS
May 13, 1998
 John B. Forkenbrock, Executive Director, National Association of Federally Impacted
Schools, submitted a copy of recently passed Oklahoma Senate Concurrent Resolution
51, A Concurrent Resolution memorializing the Congress of the United States to enact laws
to provide federal impact aid relief for Oklahoma public schools and public schools through-
out the United States; memorializing the President of the United States to support full
funding of the Federal Impact Aid Program; memorializing all other states to urge the
President and the Congress of the United States to fully fund the Federal Impact Aid
Program; and directing distribution.

DEPARTMENT OF REVENUE
May 13, 1998
 Pursuant to K.S.A. 74-50,118(c), John D. LaFaver, Secretary of Revenue, submitted the
annual report to the Governor and Legislature, detailing by county the state fiscal note on
the income tax credits claimed and used, including the amount of carry-forward credits, and
sales tax exemptions allowed under the Kansas Enterprise Zone Act.

 The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

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

SENATE RESOLUTION No. 1871--

A RESOLUTION congratulating and commending Olathe East Senior High School for
winning a national excellence award.
    WHEREAS, Olathe East Senior High School has been awarded a 1998 Blue Ribbon
award of excellence by the United States Department of Education. Nationwide, 166 sec-
ondary schools were named Blue Ribbon winners. Olathe East Senior High School won in
its first year of eligibility; and

    WHEREAS, The Blue Ribbon program honors elementary and secondary schools in
alternate years. It recognizes outstanding schools that meet tough standards. State depart-
ments of education nominate schools, which are selected for the award based on their
curricula, quality of teaching and family and community involvement; and

    WHEREAS, Schools must complete lengthy applications to become finalists. Final se-
lection comes after schools are visited by United States Department of Education officials.
Johnson County schools were visited in April; and

    WHEREAS, The winning schools will be honored at a fall recognition ceremony with
President Clinton: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Olathe East Senior High School for winning a 1998 Blue Ribbon award of excellence from
the United States Department of Education; and

    Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Dr. Karl Krawitz, Principal, Olathe East Senior High School, 14545
W. 127th St., Olathe, KS 66062-1486.

 On emergency motion of Senator Brownlee SR 1871 was adopted unanimously.

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

SENATE RESOLUTION No. 1872--

A RESOLUTION congratulating and commending the Shawnee Mission North High
School drama program.
    WHEREAS, The Shawnee Mission North High School drama program has been selected
as one of ten theatres nationally ``that make a difference''; and

    WHEREAS, The award took into consideration all types of theatres including profes-
sional, collegiate, regional and community; and

    WHEREAS, This award was sponsored by STAGE DIRECTIONS magazine, a national
theatre publication; and

    WHEREAS, Members of the faculty for Shawnee Mission North High School's theatre
program are Margaret McClatchey, Maureen Davis and Jason Harris: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we do hereby commend and
applaud the Shawnee Mission North High School theatre program for this very special
recognition; and

    Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Margaret McClatchey, Shawnee Mission North High School,
7401 Johnson Drive, Overland Park, KS 66202.

 On emergency motion of Senator Brownlee SR 1872 was adopted unanimously.

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

SENATE RESOLUTION No. 1873--

A RESOLUTION congratulating and commending the sixth grade mathematics league team
from Lincoln Elementary School.
    WHEREAS, The sixth grade mathematics league team from Lincoln Elementary School,
Great Bend, coached by Carol Langen, placed first in the state in regional competition
sponsored by the Math League Press, and went on to place seventh in the nation against
more than 1,000 schools and 5,000 students; and

    WHEREAS, The names of the team members are Will Asher, Grant Bauer, Casey
Bleeker, Kyle Clark and Chris Ekberg. Students who were ranked individually at the national
level were Chris Ekberg, 2nd place, Casey Bleeker, 6th place, and Kyle Clark, 17th place;
and

    WHEREAS, The team's coach, Carol Langen, is a dedicated teacher of mathematics
who has given countless hours of her time helping children with mathematics. She is able
to find a way to make learning fun while instilling motivation and discipline in her students
for whom she cares very much: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the sixth grade mathematics team of Great Bend's Lincoln Elementary School and the coach,
Carol Langen, for placing first in the state in regional mathematics competition and seventh
nationally; and

    Be it further resolved: That the Secretary of the Senate be directed to provide seven
enrolled copies of this resolution to Senator Bleeker.

 On emergency motion of Senator Bleeker SR 1873 was adopted unanimously.

 Team members introduced and congratulated were Will Asher, Grant Bauer, Casey
Bleeker and Chris Ekberg.

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

SENATE RESOLUTION No. 1874--

A RESOLUTION congratulating and commending Lesley Moss, Miss Kansas 1997.
    WHEREAS, Lesley Moss, of Hoxie, won the title of Miss Kansas 1997 and has promoted
her Project L.E.A.D.; and

    WHEREAS, Lesley Moss is a 1995 graduate of Kansas State University with dual Bach-
elor of Arts degrees in Public Relations and Broadcast Journalism; and

    WHEREAS, Lesley Moss is the founder of an original program called Project L.E.A.D.:
Community leadership for the 21st century. The program promotes community-based vol-
unteerism and service learning as a way to foster leadership skills; and

    WHEREAS, Lesley Moss not only has spoken of and taught community leadership skills
but has shown exemplary leadership as a genuine role model; and

    WHEREAS, Lesley Moss, through her confidence, communication and caring for peo-
ple, has inspired and motivated young people across our state; and

    WHEREAS, Kansas is proud to bestow this honor on our 1997 Miss Kansas ambassador,
Lesley Moss, and to recognize the community good accomplished by Project L.E.A.D.: Now,
therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Lesley Moss for winning the title of Miss Kansas 1997 and for her community improvement
through Project L.E.A.D.; and

    Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Senator Bleeker.

 On emergency motion of Senator Bleeker SR 1874 was adopted unanimously.

 Miss Moss spoke briefly on the projects promoted during her tenure as Miss Kansas 1997,
and the scholarships offered to the Pageant contestants.

 There being no further business to be considered, Senator Emert moved as provided in
HCR 5059, the Senate adjourn sine die. The motion prevailed.

 President Bond thereupon announced: ``By virtue of the authority vested in me as Pres-
ident of the Senate, I now declare the 1998 session of the Kansas Senate adjourned sine
die.''




VETOES SUSTAINED

 Announcing a line-item veto message from the Governor on SB 495, AN ACT making
and concerning appropriations for the fiscal years ending June 30, 1998, and June 30, 1999;
authorizing certain transfers, capital improvement projects and fees, imposing certain re-
strictions and limitations and directing or authorizing certain receipts, disbursements and
acts incidental to the foregoing; amending K.S.A. 79-2964, 79-3425i and 79-34,147 and
repealing the existing sections; also repealing K.S.A. 75-3730a and 75-3730b and section 23
of chapter 123 of the 1997 Session Laws of Kansas, was received and read.

 There being no action on SB 495, the line-item vetoes were sustained.

MESSAGE FROM THE HOUSE

 Announcing the following bills are hereby transmitted to the Senate with final disposition:

Senate bills that died in conference: SB 18, 44, 242, 435, 489, 500, 561; House Substi-
tute for SB 618; House Substitute for SB 643.

Senate bills stricken from Calendar: SB 236; Sub. SB 322; SB 388, 399; House Substitute
for SB 405; SB 426, 436; Sub. SB 437; SB 446, 483, 486, 491; Sub. HB 494; SB 523,
542, 545, 581, 602, 640.

Senate bills that died in House Committees: SB 1, 3, 20, 28, 29, 31, 37, 72, 73, 89, 95,
96, 101, 103, 107, 108, 109; House Substitute for 112; SB 113, 120,125, 130, 137,
142, 144, 161, 173, 177, 187, 199, 216,240, 243, 250, 252, 254, 255, 257, 259, 261,
263, 269,277, 278, 291, 293, 314; Sub. 321; SB 323, 346, 371, 375,376, 379, 387,
394, 409, 419, 430, 432, 434, 444, 450,451, 454, 455, 456, 464, 465, 467, 480, 490,
497, 513,517, 520, 530, 532, 533, 540, 541, 543, 552, 553, 562,571; Sub. 574: SB,
577, 587, 588, 597, 599, 603, 604, 607; Sub. 610; SB 611, 615, 636, 641, 642, 648,
657, 665; Sub. 666; SB 667; Sub. 682; SB 694.

MESSAGE FROM THE HOUSE

 Announcing the veto message from the Governor on Senate Substitute for House Bill
No. 2860, An Act concerning the open meetings law; amending K.S.A. 75-4317a and re-
pealing the existing section, was received May 15, 1998 and read on May 26, 1998.



Message to the House of Representatives of the State of Kansas:

Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I am vetoing
Senate Substitute for HB 2860.

 The Senate Substitute for House Bill 2860 was passed by the Legislature to reverse
an interpretation by the Attorney General related to the Kansas Open Meetings Act. The
Act already addresses situations in which a series of meetings occur regarding a single
business matter. A series of meetings must be open to the public in situations where: (1)
each individual meeting involves less than the number of people required for the organi-
zation to conduct business; and (2) the collective total of participants in a series of meetings
is equal to or greater than the number of people required for the organization to conduct
business.

 In matters of public business, the public has a right to be present during the decision-
making process. Therefore, I am vetoing Senate Substitute for House Bill 2860.

 I understand the confusion resulting from the recent opinion. I will work with the Attor-
ney General to achieve clarification on the impact of the opinion. If legislation is necessary
next session to further clarify the intent of the Kansas Open Meetings Act, I would encourage
that it be accomplished in a thoughtful process which included input from all affected
parties.

                                                                                    Bill Graves,

                                                                                    Governor



Dated: May 15, 1998

 There being no motion to reconsider the veto of Senate Substitute for House Bill
2860, the Speaker ruled the veto sustained.

MESSAGE FROM THE HOUSE

 Announcing the veto message from the Governor on Senate Substitute for House Bill
No. 2895, An Act making and concerning appropriations for the fiscal years ending June
30, 1998, June 30, 1999, and June 30, 2000; authorizing certain transfers and fees, imposing
certain restrictions and limitations and directing or authorizing certain receipts, disburse-
ments, capital improvements and acts incidental to the foregoing; repealing section 11 of
1998 House Substitute for Substitute for Senate Bill No. 424, was received May 21, 1998
and read on May 26, 1998.

Message to the House of Representatives of the State of Kansas;

Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return
Senate Substitute for House Bill 2895, with my signature approving the bill, except for
the items enumerated below.

Agriculture--Technical Corrections

 Sections 17(j) and 17(k) have been line-item vetoed in their entirety.

 The expenditure limitations on the Department's Fertilizer Fee Fund and Pesticide Use
Fee Fund reference incorrect amounts. Because I agree that the Department of Agriculture
should spend $50,000 to evaluate the safety of containment facilities, I am vetoing language
that would prevent this expenditure. I also veto the language that would incorrectly raise
the expenditure limitation on the Pesticide Use Fee Fund from $416,010 to $475,472. This
action will result in a net decrease of $8,945 in FY 1998 expenditures.

All Agencies--Salary Plan Duplication

 Sec. 49 has been line-item vetoed in its entirety.

 This section authorizes salary increases in accordance with the proposal I submitted to
the Legislature for state employee pay. However, it duplicates the same salary authority
approved in SB 501, which was also passed by the Legislature. SB 501, which I have signed
into law, is the preferred means for implementing the salary increases because it allows the
salaries of elected officials to be updated in substantive law to include salary levels effective
for FY 1999. I veto this section as a technical action to avoid duplication and the potential
for confusion.

                                                                                    Bill Graves,

                                                                                    Governor

Dated: May 21, 1998

 There being no motion to reconsider the line-item vetoes of Senate Substitute for
House Bill 2895 the Speaker ruled the line-item vetoes sustained.

HELEN A. MORELAND, Journal Clerk. 
PAT SAVILLE, Secretary of the Senate.