April 30, 1999

Journal of the Senate

SIXTY-FIFTH DAY
______
Senate Chamber, Topeka, Kansas
Friday, April 30, 1999--10:00 a.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-nine senators present.

 Senator Hardenburger was excused.

 Invocation by Chaplain Fred S. Hollomon:

               Heavenly Father,

             We have a solemn calling,

             We who make the laws

             To do the best we can,

             Not looking for applause.

                 Our people are expecting

             Us to do our best

             To look out for their interests

             With a reasonable amount of zest.

                 We know we cannot please them all,

             and it never should be tried.

             Too many of our people

             Are standing on each side.

                 But some things should be obvious

             They should expect of us.

             Such as...when we take the oath,

             We are people they can trust.

                 They should never have to wonder

             If we tell the truth,

             Or that any of our conduct

             Will be called uncouth.

                 They all know we make mistakes,

             But help us, Lord, to try

             Never to embarrass them

             With deception or with lie.

               I pray in Jesus' Name,

               AMEN

PRESENTATION OF PETITIONS
 The following petitions were presented, read and filed:

   SP 27, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by David Graves and 34 other citizens of Kansas.

 SP 28, by Senator Jim Barone: A petition to stop partial-birth abortion in Kansas, signed
by John David Lloyd and 56 other citizens of Southeast Kansas.

 SP 29, by Senator Dick Bond: A petition opposing partial birth abortions and calling upon
elected officials to ban partial-birth abortions and other late-term abortion procedures in
Kansas, signed by M. Rita Roush and 1,276 other citizens of Kansas.

 SP 30, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by Ann Classen and 208 other citizens of Kansas.
 SP 31, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by Tom L. Greenway and 9 other citizens of
Kansas.

 SP 32, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by Patty Dunkle and 575 other citizens of Kansas.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
   The following bills and resolution were referred to Committees as indicated:

   Committee of the Whole: HCR 5018.

 Education: SB 365.

 Ways and Means: Sub HB 2571; HB 2576.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Corbin introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1855--



A  RESOLUTION congratulating and commending Meredith Jenkins.


      WHEREAS,  Meredith Jenkins, 16, a junior at Andover High School, scored a perfect
1600 on the SAT college entrance examination; and

      WHEREAS,  Of the 2.3 million students who took the test only 673 nationwide, and only
seven Kansans, had a perfect score thereby placing Jenkins in the top 99.999 percentile.
Jenkins is ranked first academically in her class and is the first Andover High School student
to have a perfect SAT score; and

      WHEREAS,  Jenkins is a member of the National Honor Society and qualifies as a
National Merit Scholar. In addition to her perfect SAT score she scored 36 out of 36 on
the ACT test and 240 out of 240 on the PSAT test and has been invited to attend the Kansas
Regents Honors Academy in 1999; and

      WHEREAS,  Among her many extracurricular activities, Jenkins has earned letters in
tennis and soccer. She has served as Captain of the Scholar's Bowl; been a member of the
math team and debate team; received letter awards for forensics and is coeditor of the
school newspaper this year; and

      WHEREAS,  When asked the secret of scoring well on the test Jenkins' response was
that she does not study for standardized tests but eats a good breakfast. She also indicated
she does not waste time while studying; and

      WHEREAS,  While history is her favorite subject she is considering majoring in
economics or international studies in college. Jenkins has not decided which college she will
attend although she plans to apply to the University of Chicago and Northwestern; and

      WHEREAS,  Jenkins is the daughter of Randy and Caroline Jenkins: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Meredith Jenkins upon scoring perfect scores on the SAT, ACT and PSAT examinations;
and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Mr. and Mrs. Randy Jenkins, 200 Montbella Circle,
Wichita, Kansas 67230, Bob Baier, Principal, Andover High School, P.O. Box 248, Andover,
Kansas 67002 and to Meredith Jenkins at Andover High School, P.O. Box 248, Andover,
KS 67002.

   On emergency motion of Senator Corbin SR 1855 was adopted unanimously.

 Senator Corbin introduced and congratulated Meredith Jenkins upon her scoring perfect
scores on the SAT, ACT and PSAT examinations. Accompanying Meredith were her parents
Randy and Caroline Jenkins.

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

      SENATE RESOLUTION No. 1856--



A  RESOLUTION congratulating and commending Ben Puntch.


      WHEREAS,  Ben Puntch, a senior at The Independent School in Wichita scored a perfect
1600 on the SAT college entrance examination; and

      WHEREAS,  Of the 2.3 million students who took the test only 673 nationwide, and only
seven Kansans, had a perfect score thereby placing Puntch in the top 99.999 percentile; and

      WHEREAS,  Puntch hopes to attend the Massachusetts Institute of Technology to study
computer science; and

      WHEREAS,  Puntch, who is an A + student, says good grades come easily but he spends
an hour every night on homework. He has been on the school's honor roll from the 9th
through 11th grades, is an Advanced Placement Scholar, a National Merit Commended
Scholar and a Presidential Scholar Candidate. He has been a member of the student council
at his school during his sophomore and senior years and class secretary his junior and senior
years. He has lettered in Science Olympiad and debate; and

      WHEREAS, Among his many extracurricular activities Puntch has participated in the
Science Olympiad all four years of high school. At regional level competition he has won 2
bronze, 3 silver and 2 gold medals and at state he has won 1 bronze, l silver and 2 gold
medals. He has participated in debate two years, in forensics two years and in Emporia
State University's Math Competition two years: Now therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Ben Puntch upon scoring a perfect 1600 on the SAT college entrance examination; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Ben Puntch at The Independent School, 8301 East
Douglas, Wichita, Kansas 67207.

   On emergency motion of Senator Lawrence SR 1856 was adopted unanimously.

 Senator Lawrence introduced and congratulated Ben Puntch, upon scoring a perfect 1600
on the SAT college entrance examination.

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

      SENATE RESOLUTION No. 1857--



A  RESOLUTION congratulating and commending radio station KJIL.


      WHEREAS,  Radio station KJIL has been named the radio station of the year by the
Gospel Music Association. The presentation was made March 24 before a national television
audience at the 30th annual Dove Awards at the Nashville Arena in Nashville; and

      WHEREAS,  KJIL began broadcasting in 1992 with a mixture of contemporary and light
contemporary Christian music. KJIL's studios are located in Meade with the broadcasting
tower being at Copeland. The station broadcasts with 100,000 watts at 99.1 FM. The station
has expanded with low power repeater stations to 19 cities. The programming is also
available via satellite and can be heard on the internet; and

      WHEREAS,  In selecting KJIL the Gospel Music Association reviewed KJIL's activities
in service to the community, presentation of the ministry of Jesus Christ, reviewed Arbitron
ratings and listened to the station's programming; and

      WHEREAS,  KJIL in 1998 received the station of the year award made by Focus on the
Family and Briargate Media: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
KJIL upon being selected as radio station of the year by the Gospel Music Association; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Don Hughes, General Manager, Radio Station KJIL,
Meade, KS 67864.

   On emergency motion of Senator Huelskamp SR 1857 was adopted unanimously.

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

      SENATE RESOLUTION No. 1858--



A  RESOLUTION in support of Kids for a Brighter Future, Inc.


      WHEREAS,  Kids for a Brighter Future, Inc. is a nonprofit organization established by
Mr. and Mrs. Dean A. Newton to establish and oversee programs designed to help children
in the Kansas City area; and

      WHEREAS,  This organization is currently working with administrators and individuals
in the Kansas City school district to establish a program called ``Project Computer.'' Project
Computer is an attempt to enhance the level of technology available to children in the
school district by facilitating the donation of used computers from individuals and companies
in Kansas. The goal of this project is to obtain at least 500 Pentium computers for use in
the classroom by the beginning of the 1999-2000 school year; and

      WHEREAS,  It is essential that Kansas City's children acquire the computer skills
necessary to succeed in our increasingly global and technological world. Unfortunately, there
are not enough modern computers in the schools to help Kansas City's children sufficiently
learn these valuable computer skills: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we support the objective of
Project Computer and urge Kansas individuals and companies to contribute unneeded
computers to Kids for a Brighter Future, Inc. for use in Kansas City schools; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Dean A. Newton, c/o Sonnenschein, Nath and Rosenthal,
Suite 1100, 4520 Main, Kansas City, Missouri 64111.

   On emergency motion of Senator Steineger SR 1858 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
 Committee on Federal and State Affairs recommends HB 2339 be amended by
substituting a new bill to be designated as ``Senate Substitute for HOUSE BILL No. 2339,''
as follows:

    ``SENATE Substitute for HOUSE BILL No. 2339
  By Committee on Federal and State Affairs


``AN  ACT concerning legislative compensation and benefits; amending K.S.A. 74-4995 and
      K.S.A. 1998 Supp. 46-137a and 74-4911f and repealing the existing sections.'';

              and the substitute bill be passed.

   On motion of Senator Emert, the Senate recessed until 2:30 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with President Bond in the chair.

CHANGE OF REFERENCE
 The President withdrew HCR 5041 from the Committee on Public Health and Welfare,
and referred the bill to the Committee of the Whole.

MESSAGE FROM THE HOUSE
 Announcing passage of SB 57.

 Adoption of SCR 1607.

 Also, passage of SB 15, as amended; SB 157, as amended by House Substitute for
SB 157; SB 352, as amended.

ORIGINAL MOTION
 Pursuant to Senate Rule 75, President Bond determined H Sub for SB 157, as amended
by the House, to be materially changed, and referred the bill to the Committee on Ways
and Means.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce begs leave to submit the following report:

        The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:

   By the Governor:

  Secretary, Kansas Department of Human Resources: K.S.A. 75-5701

   Richard E. Beyer, serves at the pleasure of the Governor

 Committee on Federal and State Affairs recommends SB 361 be amended on page 1,
in line 24, following ``(3)'' by inserting ``subject to the provisions of section 2, and
amendments thereto,'';

      On page 2, following line 5, by inserting the following:

      ``New Sec.  2. No contract for the provision of meals pursuant to subsection (a)(3) of
K.S.A. 72-5126, and amendments thereto, may be entered into by the board of education
of a school district and a state educational institution or corporation whose operations are
substantially controlled by the state educational institution unless such institution or
corporation shall have advertised for bids on such contract. A state educational institution
or corporation may enter into a contract with a school district only if fewer than two bids
are received from private entities on such contract.

      And by renumbering sections accordingly; and the bill be passed as amended.

 Committee on Ways and Means recommends HB 2558, as amended by House
Committee of the Whole, be amended by substituting a new bill to be designated as
``SENATE Substitute for HOUSE BILL No. 2558,'' as follows:

    ``SENATE Substitute for HOUSE BILL NO. 2558
  By Committee on Ways and Means


``AN  ACT concerning the disposition of certain moneys for the benefit of children;
      disposition of tobacco litigation settlement proceeds; creating the Kansas endowment
      for youth fund, the children's initiatives fund and the children's initiatives accountability
      fund; establishing the Kansas children's cabinet; prescribing certain powers, duties and
      functions; providing for the investment and management of such funds; abolishing the
      children's health care programs fund; amending K.S.A. 75-7021 and K.S.A. 1998 Supp.
      20-367, 38-1808 and 38-1901 and repealing the existing sections; also repealing K.S.A.
      1998 Supp. 38-2008.'';

              and the substitute bill be passed.

REPORT ON ENGROSSED BILLS
 Sub SB 270; SB 359 reported correctly engrossed April 30, 1999.

CONFIRMATION OF APPOINTMENTS
 In accordance with Senate Rule 56, the following appointments, submitted by the
Governor to the senate for confirmation, were considered.

 Senator Emert moved the following appointments be confirmed as recommended by the
Standing Senate Committees:

  On the appointment to the:

Board of Tax Appeals, Member, Jill A. Jenkins, effective upon the date of confirmation by
the Senate to serve a four-year term expiring January 15, 2003.

      The vote was: Yeas 34, nays 4, present and passing 1, absent or not voting 1.

      Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gooch, Goodwin, Harrington, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.

      Nays: Biggs, Gilstrap, Hensley, Lee.

      Present and passing: Stephens.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.


EXPLANATION OF VOTE

 Mr. President: This appointment is more about friendship and political contacts than
qualifications, experience, and unbiased judgement.

 I vote no.--Don Biggs

  On the appointment to the:

  Board of Tax Appeals, Member, Susan M. Seltsam, effective upon the date of confirmation
by the Senate to serve a four-year term expiring January 15, 2003.

      The vote was: Yeas 37, nays 2, present and passing 0, absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Huelskamp, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Nays: Brownlee, Harrington.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.

  On the appointment to the:

  Employment Security Board of Review, Harry D. Helser, effective upon the date of
confirmation by the Senate to serve a four-year term expiring March 15, 2003.

      The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.

   On the appointment to the:

  Kansas Development Finance Authority, Daniel P. Snyder, effective upon the date of
confirmation by the Senate to fulfill a term expiring January 15, 2001.

      The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.

   On the appointment to the:

  Kansas Development Finance Authority, Paul J. Thompson, effective upon the date of
confirmation by the Senate to fulfill a term expiring January 15, 2001.

      The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.

  On the appointment to the:

  Secretary, Kansas Department of Human Resources, Richard E. Beyer, serves at the pleasure
of the Governor.

      The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The appointment was confirmed.

   Senator Salisbury introduced the newly confirmed Secretary of Human Resources,
Richard E. Beyer.

ORIGINAL MOTION
 Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: HB
2015, 2166, 2440.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2015, submits the following report:

      The Senate recedes from all Senate amendments to the bill;

And your committee on conference recommends the adoption of this report.
Tim Emert

Edward W. Pugh

Greta Goodwin
Robert Tomlinson

Don Myers

Eber Phelps
 Senator Emert moved the Senate adopt the Conference Committee Report on HB 2015.

      On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2166, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

      On page 4, by striking all after line 6;

      By striking all in pages 5 through 10;

      On page 11, by striking all before line 12;

      By renumbering sections accordingly;

      On page 16, in line 9, after the period, by inserting ``The Kansas statewide projects
development corporation is hereby created in accordance with this section.'';

      On page 17, in line 4, before ``scheduled'', by inserting ``final''; in line 36, by striking ``an''
and inserting ``a redevelopment''; in line 39, by striking ``implementation'' and inserting
``redevelopment'';

      On page 19, in line 3, by striking all after the period; by striking lines 4 through 16, and
inserting ``Any person or entity, other than the state, an instrumentality of the state, or a
unit of local government, who proposes to take legal title to land which is located at a site
designated as a federal enclave prior to January 1, 1998, for the purpose of developing a
project of state-wide as well as local importance shall: (1) prior to taking such title, enter
into a consent decree agreement with the Kansas department of health and environment or
the United States environmental protection agency under which such person or entity
expressly agrees to be responsible for and to complete the remediation of all environmental
contamination of such land according to established standards and levels for appropriate
property uses, except that part, if any, of the remediation which is, by agreement approved
by the governor, to be retained by the federal government or any agency thereof and (2)
prior to taking title to any of the land, provide prepaid third-party financial guarantees to
the state or an instrumentality thereof sufficient in form and amount to insure full and
complete remediation of all of the land within the federal enclave as required in the consent
decree agreement. Nothing in this section is intended and shall not be construed to relieve
the United States army, the federal government or any agency thereof from any duty,
responsibility or liability for any contamination or remediation of the land as may be imposed
or required under state or federal law; and''; in line 17, by striking ``(3)''; in line 20, by
striking ``authority'' and inserting ``state or any instrumentality of the state'';

      On page 21, in line 41, before the period, by inserting ``or any other property tax levied
by or on behalf of a school district'';

      On page 23, in line 9, by striking ``implementation''; in line 11, after ``the'', by inserting
``final''; in line 26, after ``the'', by inserting ``final'';

      On page 24, in line 12, by striking all after ``project''; in line 13, by striking all before ``as'';
in line 25, before ``scheduled'', by inserting ``final'';

      On page 29, in line 14, after ``the'', by inserting ``final''; in line 32, after the first ``the'',
by inserting ``final'';

      On page 30, after line 2, by inserting a new section as follows:

      ``New Sec.  14. No ad valorem tax exemption for real or personal property, located
within a redevelopment district established pursuant to K.S.A. 74-8921 and amendments
thereto, granted after the effective date of this act by the governing body of any city or the
board of county commissioners of any county pursuant to the provisions of section 13 of
article 11 of the Kansas constitution shall be deemed to exempt any such property from the
ad valorem property tax levied by or on behalf of a school district.'';

      By renumbering sections accordingly;

      Also on page 30, in line 3, by striking ``12-1771,'';

      In the title, in line 19, by striking ``12-1771,'';

And your committee on conference recommends the adoption of this report.
Alicia L. Salisbury

Pat Ranson

Jim Barone
William G. Mason

Jene Vickrey
 Senator Salisbury moved the Senate adopt the Conference Committee Report on HB
2166.

      On roll call, the vote was: Yeas 27, nays 12, present and passing 0; absent or not voting
1.

      Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hensley, Jones, Jordan, Langworthy, Lawrence, Morris, Oleen,
Praeger, Ranson, Salisbury, Steffes, Steineger, Umbarger, Vidricksen, Vratil.

      Nays: Bleeker, Brownlee, Clark, Harrington, Huelskamp, Kerr, Lee, Petty, Pugh,
Salmans, Stephens, Tyson.

      Absent or not voting: Hardenburger.

      The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2440, submits the following report:

      The Senate recedes from all of its amendments to the bill;

And your committee on conference recommends the adoption of this report.
Tim Emert

John Vratil

Greta Goodwin

Michael O'Neal

Tim Carmody

Janice L. Pauls
 Senator Emert moved the Senate adopt the Conference Committee Report on HB 2440.

      On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The Conference Committee report was adopted.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Salisbury introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1859--

    A  RESOLUTION in memory of L.M. ``Bud'' Cornish.


      WHEREAS,  L.M. ``Bud'' Cornish of Topeka, died April 12, 1999, at age 77; and

      WHEREAS,  L.M. ``Bud'' Cornish was born in Honolulu, Hawaii, and moved to Topeka
at the age of 8. He attended Topeka public schools and graduated from Washburn University
and Washburn Law School, although his education was interrupted with service in the U.S.
Army from 1942-1946. As an army officer he received the following decorations: North
African Service Medal, China-Burma-India Service Medal, American Theater Service
Medal, World War II Victory Medal, Four Battle Stars, Air Medal with Cluster,
Distinguished Flying Cross and Presidential Unit Citation with Cluster. Following
graduation from law school in 1948, he joined the law firm of Raines and Glenn, where he
became a partner in 1951, and the firm name was changed to Raines, Glenn and Cornish.
He remained with the firm throughout his legal career and through several name changes
to its present Glenn, Cornish, Hanson and Karns, Chartered. In addition to this legal career,
he was active in professional associations and civic organizations. He also taught business
law at Washburn University for over twenty years and served on the Washburn Board of
Regents for four years; and

      WHEREAS,  L.M. ``Bud'' Cornish for many years provided valuable guidance and
counsel to a number of groups, including the Kansas Association of Property and Casualty
Insurance Companies, the Kansas Life Insurance Association, the Kansas Insurance
Guaranty Association, the Kansas Health Care Provider Insurance Availability Plan, the
Kansas Underground Storage Tank Liability Plan, the Kansas Committee on Arson
Prevention, the National Association of Independent Insurers, the National Association of
Mutual Insurance Companies and many others. He was recognized for his knowledge and
experience in insurance regulatory and legislative matters. As legislative counsel on
insurance issues, he had a major role in helping draft the provisions of the Kansas
Automobile Injury Reparations Act in 1974, which was one of the first no-fault laws in the
nation. He then served as a Special Assistant Attorney General for the State in successfully
defending a constitutional challenge of that law. He was also known for his legal expertise
in matters involving financial institutions, investments, broadcasting, libraries, motor
carriers, petroleum marketing, retailing and administrative proceedings; and

      WHEREAS,  L.M. ``Bud'' Cornish was a recognized leader in his work and civic
involvement. He received a number of honors for his outstanding work, including,
Leadership Awards from the Insurance Information Institute and the Mountain Plains
Library Association; the National Service Award and the Chairman's Award from the
National Association of Mutual Insurance Companies; and in 1994, he was inducted into
the Kansas Insurance Education Foundation's Hall of Fame; and

      WHEREAS,  L.M. ``Bud'' Cornish is survived by his wife, Dorothy; their two sons, Craig
and Kent; and five grandchildren: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of L.M. ``Bud'' Cornish; and

      Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Mrs. L.M. Cornish, c/o Glenn, Cornish, Hanson &
Karns, Chartered, 900 Mercantile Bank Tower, 800 SW Jackson, Topeka, Kansas, 66612.

 On emergency motion of Senator Salisbury SR 1859 was adopted unanimously.

 Senator Salisbury introduced Mrs. Cornish, accompanied by her son, Kent, and extended
the Senate's deepest sympathy to the family. Also introduced was a law partner, David
Hanson.

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

      SENATE RESOLUTION No. 1860--

    A  RESOLUTION honoring Father John Lavrih and his service to mankind.


      WHEREAS,  Father John Lavrih has retired as pastor of St. Anthony's parish in Fowler
and lives at the Priest Retirement Center in Wichita; and

      WHEREAS,  Father Lavrih was born in St. Vid pri Sticini, Slovenia, on August 2, 1915.
He completed gymnasium in his home town before supporting himself through college by
tutoring students in Greek, Latin, German and French. After seminary he was ordained a
priest at Ljubljana, Slovenia, on July 2, 1939; and

      WHEREAS,  During the ensuing years of World War II he was tried and acquitted by
the Italians for leading an underground youth group called the Homeguards. He later was
involved in publishing a newspaper, Slvenksi Dom Fugosl, supporting freedom fighters. He
then was arrested and imprisoned by the Germans, and later he was arrested and imprisoned
by the Communists. He escaped from a Communist work detail and spent 48 hours climbing
the Alps toward Austria. In the process he was again captured by the Germans but escaped
again in the confusion at the war's end. In Austria he was not safe as the occupying British
forces were returning Slovak escapees to Yugoslavia. He was able to be admitted into
Switzerland and in 1949 came to Kansas through the sponsorship of Bishop Carroll of
Wichita; and

      WHEREAS,  Although Father Lavrih was fluent in several languages, before he could
commence his priestly duties in Kansas he had to learn English--which he practiced by
speaking to the headstones in the parish cemetery. Subsequently, Father Lavrih served his
faith by being a parish priest at St. Mark, Ellinwood, Pratt, Jetmore, Hanston, Liberal,
Kinsley and Fowler; and

      WHEREAS,  Father Lavrih hopes to finish his memoirs relying on notes in a large spiral
notebook written in Slovak telling of the war years: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we honor this servant of God
who has actively resisted the forces of fascism, communism and atheism; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Father John Lavrih, Priest Retirement Center, 6900 E.
45 Street N, Wichita, KS 67226 and to Bishop Ronald Gilmore, Diocese of Dodge City,
P.O. Box 137, Dodge City, KS 67801-0137.

 On emergency motion of Senator Huelskamp SR 1860 was adopted unanimously.

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

      SENATE RESOLUTION No. 1861--

    A  RESOLUTION congratulating and commending the Belleville High School boys
      basketball team and Coach Alan Sheets for winning the 1999 Class 3A State Basketball
      Championship.

     

      WHEREAS,  The Belleville High School boys basketball team won the 1999 Kansas State
High School Activities Association Class 3A State Basketball Championship at the
Hutchinson Sports Arena on March 13, 1999; and

      WHEREAS,  Belleville won the state championship with a thrilling 41-39 victory over
Hillsboro High School in the state championship game. Hillsboro was the defending
champion and, being undefeated so far this season, was the number one ranked team going
into the championship game. Belleville, however, was set to avenge their loss to Hillsboro
in the 1995 championship game. With most of the residents of Republic County in
attendance and in an arena overcome with frenzied cheerleaders, clapping supporters,
tooted-out pep bands and hoarse fans, the game progressed to a 39-39 tie with 10 seconds
remaining. With 4.4 seconds remaining Belleville took their final time out. When the ball
was put in play, Tony Hoops dribbled in the back court, then down the right side and shot
with less than a second to go--whereupon the Belleville crowd exploded onto the floor, and
Class 3A had a new champion; and

      WHEREAS,  The Belleville High School ``Buffs'' basketball team finished the season with
a 23-3 record; and

      WHEREAS,  The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and

      WHEREAS,  The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That the Belleville High School boys
basketball team and Coach Sheets be congratulated and commended for winning the 1999
Kansas State High School Activities Association Class 3A State Basketball Championship;
and

      Be it further resolved: That the Secretary of the Senate be directed to send 17 enrolled
copies of this resolution to Edward Fuhrman, Principal, Belleville High School, P.O. Box
469, Belleville, Kansas 66935-0469.

 On emergency motion of Senator Lee SR 1861 was adopted unanimously.

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

      SENATE RESOLUTION No. 1862--

    A  RESOLUTION congratulating and commending Veryl Switzer.


      WHEREAS,  Veryl Switzer, 66, a native of Nicodemus, graduate of Bogue High School,
legendary All-American athlete at Kansas State University during the 1950's, and former
National Football League record holder, is retiring after 30 years on the staff at Kansas
State University; and

      WHEREAS,  Mr. Switzer's athletic career started at Bogue High School where he played
six-man football (scoring at will) and was an all-state long jump and pole vault champion.
He enrolled at Kansas State University in 1950 to become only the university's third black
student-athlete and, during the 1952 football season, the only black football player in the
conference. As a player who played both on offense and defense, he was named to the All
Big Seven first team for 1951, 1952 and 1953; he was named as an All-American, second
team, in 1951 and 1952 and an All-American, first team, in 1953. Additionally, he lettered
in track three years and was the conference long jump champion in 1952. After graduation
from Kansas State he was the first halfback and fourth player selected by the 1954 National
Football League. He was later inducted into the K-State Hall of Fame and the Kansas All
Sports Hall of Fame. He played five years of professional football with the Green Bay
Packers, Calgary Stampeders and Montreal Alouettes. He also spent two and a half years
as a lieutenant in the United States Air Force before spending 10 years in the Chicago public
school system as a classroom teacher and human relations coordinator; and

      WHEREAS,  Veryl Switzer returned to Kansas State University in 1969 and spent the
next 30 years in various positions: Administrative Assistant to the Athletic Director and
Coordinator of Minority and Cultural Programs, Director for Minority Affairs, Co-Director
for Affirmative Action and Associate Dean for Minority Affairs, Associate Dean for Minority
Affairs, Assistant Vice-President for Student Affairs, Assistant Vice-President for Special
Services, and Associate Director of Athletics/Assistant Vice President for Institutional
Advancement. He also served at Kansas State University as Chair, KSU Advisory Committee
on Minority Affairs; Member, KSU Faculty Senate; Member, KSU Coordinating Committee
for Handicapped Services; and Member, KSU General Scholarship Committee. He
performed valuable public service as Chairperson, Kansas State University's Intercollegiate
Athletic Council; President, USD #383 Board of Education, Manhattan, Kansas; and
Member and President of the Kansas Children's Service League; and

      WHEREAS,  Veryl Switzer may not be fully retiring--he plans to help with the first-tee
program at K-State's Colbert Hills golf course teaching golf and life to disadvantaged kids:
Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Veryl Switzer for his great career as an athlete and educator and for the positive influence
he has had on numberless student athletes and minority students at Kansas State University;
and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Veryl Switzer, 1412 Wreath Avenue, Manhattan, Kansas
66502 and to Kent Brown, Sports Information Director, Kansas State University, Bramlage
Coliseum, 1800 College Avenue, Manhattan, Kansas 66502.

 On emergency motion of Senator Oleen SR 1862 was adopted unanimously.

 Senators Kerr and Praeger introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1863--

    By Senators Kerr and Praeger


A  RESOLUTION congratulating and commending the Kansas University men's golf team.


      WHEREAS,  The University of Kansas men's golf team won the Big 12 Championship
at Prairie Dunes Country Club, Hutchinson, on Tuesday, April 27, 1999; and

      WHEREAS,  The Jayhawks, seeded fifth in the tournament, compiled a score of 857 to
lead the 12-team field after three 18-hole rounds. Kansas, ranked 31, upset No. 5 Oklahoma
State, No. 7 Texas, No. 13 Nebraska and No. 21 Oklahoma at the third annual Big 12 Men's
Golf Championship; and

      WHEREAS,  Senior Chris Thompson finished in second place with a 210. Juniors Brad
Davis and Ryan Vermeer both tied for ninth place with scores of 217 and Sophomore Conrad
Roberts carded a 221 to tie for 20th place, and Jake Istnick played consistent golf to round
out the team; and

      WHEREAS,  This is the fourth conference crown for the Jayhawks, the first since 1950,
and is the first time Oklahoma State or Oklahoma has not won the conference championship
since 1984; and

      WHEREAS,  This is Coach Ross Randall's 20th season at KU where he has led the team
to previous second place finishes 4 times: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Kansas University men's golf team for winning the 1999 Big 12 Championship; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Doug Vance, Assistant A.D./Media Relations, University
of Kansas, 104 Allen Fieldhouse, Lawrence, Kansas 66045-8881.

 On emergency motion of Senator Praeger SR 1863 was adopted unanimously.

 Senator Kerr commended the players for their excellent play on the very difficult Prairie
Dunes Country Club Course.

 Team members and their coach were introduced by Senator Praeger.

ORIGINAL MOTION
 Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: HB
2115, 2568.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 23 constitutional majority,
and HB 2115; S Sub for HB 2558; HB 2568 were advanced to Final Action, subject to
amendment, debate and roll call.

   HB 2115, An act concerning the Kansas session laws; amending K.S.A. 45-107 and 45-
313 and repealing the existing sections was considered on final action.

 The bill was amended by adoption of the committee amendments.

      On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The bill passed, as amended.

 S Sub for HB 2558, An act concerning the disposition of certain moneys for the benefit
of children; disposition of tobacco litigation settlement proceeds; creating the Kansas
endowment for youth fund, the children's initiatives fund and the children's initiatives
accountability fund; establishing the Kansas children's cabinet; prescribing certain powers,
duties and functions; providing for the investment and management of such funds;
abolishing the children's health care programs fund; amending K.S.A. 75-7021 and K.S.A.
1998 Supp. 20-367, 38-1808 and 38-1901 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 38-2008, was considered on final action.

 The bill was amended by adoption of the committee report recommending a substitute
bill.

 The substitute bill was further amended by motion of Senator Brownlee on page 3, line
20, by striking ``1999'', and inserting in lieu thereof ``2000''.

 Senator Harrington moved to amend the substitute bill on page 1, of the typed version
of the bill, in line 19, by striking ``All'' and inserting ``Subject to the provisions of section 10
and amendments thereto providing for the crediting of amounts to the technology trust
fund, all'';

      On page 22, of the typed version of the bill, following line 21, by inserting the following
material to read as follows:

      ``New Sec.  10. (a) There is hereby established in the state treasury the technology trust
fund which shall be administered by the department of education.

      (b) The amount equal to 10% of each amount of moneys received by the state pursuant
to the tobacco litigation settlement agreements entered into by the attorney general on
behalf of the state of Kansas, or pursuant to any judgment rendered, regarding the litigation
against tobacco industry companies and related entities, shall be deposited in the state
treasury and credited to the technology trust fund. All expenditures from the technology
trust fund shall be made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the chairperson of the
state board of education or by the designee of the state board of education.

      (c) All expenditures from the technology trust fund shall be for grants to unified school
districts pursuant to grant applications for the purchase of technology equipment for
instructional purposes, in accordance with guidelines established by the state board of
education.'';

      And by renumbering sections accordingly.

 Upon the showing of five hands, a roll call vote was requested.

      On roll call, the vote was: Yeas 13, nays 26, present and passing 0; absent or not voting
1.

      Yeas: Bleeker, Brownlee, Clark, Gilstrap, Harrington, Huelskamp, Jordan, Oleen, Pugh,
Ranson, Salmans, Tyson, Umbarger.

      Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gooch, Goodwin, Hensley, Jones, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger,
Salisbury, Steffes, Steineger, Stephens, Vidricksen, Vratil.

      Absent or not voting: Hardenburger.

      The motion failed and the amendment was rejected.

 No objection being made, and on motion of Senator Emert, S Sub for HB 2558 was
passed over and returned to its place on General Orders.

   HB 2568, An act concerning tobacco; relating to the master settlement agreement;
concerning payment of moneys into escrow; concerning enforcement was considered on
final action.

      On roll call, the vote was: Yeas 31, nays 8, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Steffes, Steineger, Stephens, Umbarger,
Vidricksen, Vratil.

      Nays: Bleeker, Brownlee, Clark, Harrington, Huelskamp, Pugh, Salmans, Tyson.

      Absent or not voting: Hardenburger.

      The bill passed.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2575.

 Passage of SB 6, as amended by House Substitute for SB 6.

 The House adopts the conference committee report on HB 2071.

 The House announces the appointment of Representative Ruff to replace Representative
Sharp as a conferee on SB 324.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2575 was thereupon introduced and read by title.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was referred to Committee as indicated:

   Committee of the Whole: HB 2575.

ORIGINAL MOTION
 Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H SUB
for SB 6; SB 15.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Oleen the Senate nonconcurred in the House amendments to H
Sub for SB 6 and requested a conference committee be appointed.

 The President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.

   On motion of Senator Oleen the Senate nonconcurred in the House amendments to SB
15 and requested a conference committee be appointed.

 The President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.

   On motion of Senator Emert the Senate adjourned until 10:00 a.m., Saturday, May 1,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.