March 7, 2000

Journal of the Senate

FORTIETH DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, March 7, 2000--2:30 p.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-eight senators present.

 Senators Hardenburger and Huelskamp were excused.

 Vice-President Salisbury introduced as guest chaplain, Father John Erickson, Pastor,
Sacred Heart Catholic Church, Topeka, who delivered the invocation:

     Almighty God, on this day when excess is blatantly celebrated in so many venues, we ask
you to bless this assembly with a spirit of moderation and balance. Inspire the individual
Senators to faithfully discharge their responsibilities, collaborate with the efforts of their
fellow legislators while always making room for your role in the process. With these goals
in mind we pray:

     God, grant these Senators the serenity to accept the things they cannot change; the
courage to change the things they can; and the wisdom to know the difference. We pray
this in your name.  .  .  .  AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   SB 655, An act concerning retirement; relating to the Kansas public employees retirement
system and systems thereunder; application of certain amounts recovered by the system;
amending K.S.A. 1999 Supp. 74-4920 and repealing the existing section, by Committee on
Ways and Means.

 SB 656, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 1999 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110 and 75-3111a and repealing the existing sections, by Committee on Ways
and Means

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were referred to Committee as indicated:

   Assessment and Taxation: SB 654; HB 2620, 2621, 2823.

CHANGE OF REFERENCE
 The Vice-President withdrew HB 2823 from the Committee on Assessment and Taxation,
and referred the bill to the Committee on Energy and Natural Resources.

 The Vice-President withdrew HB 2767 from the Committee on Federal and State Affairs,
and referred the bill to the Committee on Commerce.

 The Vice-President withdrew S Sub HB 2357 from the calendar under the heading of
General Orders, and rereferred the bill to the Committee on Education.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2687.

 Also, passage of SB 389, as amended.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2687 was thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Vidricksen, Gooch and Jones introduced the following Senate resolution, which
was read:

      SENATE RESOLUTION No. 1817--

A  RESOLUTION in memory of Robert Caldwell.


      WHEREAS,  Robert Caldwell, a giant in the Salina community, died October 20, 1999,
at age 86; and

      WHEREAS,  Robert Caldwell was a member of the Salina City Commission for eight
years and served three terms as Salina's only black mayor. He served as a state representative
for the 1977-78 term, was a member of the Kansas Board of Regents, was active for many
years in the Salina branch of the National Association for the Advancement of Colored
People (NAACP), and was a member of several other local and state civic organizations. He
was a teacher in Salina public schools for 39 years and a scoutmaster for 48 years; and

      WHEREAS,  Robert Caldwell spent most of his teaching years as a graphic arts instructor
at Salina Central High School although he taught for three years at Dunbar Elementary
School before being drafted during World War II. In 1976 he was voted the Salina and state
teacher of the year, and in 1979 he was elected to the Kansas Teachers Hall of Fame, Dodge
City; and

      WHEREAS,  Robert Caldwell has been described as a warrior in the civil rights
movement. He worked to help the African-American community state-wide, and when
prospective members would lament they couldn't afford to join the NAACP, he would lend
them money to ensure they would join; and

      WHEREAS,  Robert Caldwell was born June 21, 1913, the sixth of nine children of
William and Elizabeth Caldwell. He attended a segregated grade school and in high school
sports was allowed only to participate in track. In college he lettered all four years in track
with champion events in the high hurdles and broad jump. He served in World War II and
was severely injured while preparing for the D-day invasion in Europe. After the war he
returned to Salina and resumed his teaching career. He married his college sweetheart,
Bessie Lee Ellis, and they had three children, Robert, A-Toy and Teree. His wife and son
preceded him in death: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Robert Caldwell; and

      Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Vidricksen for presentation to Mr. Caldwell's
daughter, Teree Caldwell Johnson; his daughter, A-Toy Caldwell Colbert; his brother,
Roscoe C. Caldwell; his sister, Reba Litman; and his sister, Pearl Rice.

 On emergency motion of Senator Vidricksen SR 1817 was adopted unanimously.

   Senator Vidricksen introduced Mr. Caldwell's daughters, Teree Caldwell Johnson and A-
Toy Caldwell Colbert. Accompanying them was family friend, Sister Jean McKenna.

REPORTS OF STANDING COMMITTEES
 Committee on Agriculture recommends HB 2817, as amended by House Committee,
be passed.

 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:

Kansas Technology Enterprise Corporation: K.S.A. 74-8101

      Donald Beggs, term expires January 15, 2003

 Also, HB 2929 be amended on page 1, in line 36, after ``administrators'', by inserting ``at
Kansas educational institutions''; in line 38, after ``research'', by striking all before the period;
and the bill be passed as amended.

 Committee on Energy and Natural Resources recommends HB 2781 be passed.

 Committee on Financial Institutions and Insurance begs leave to submit the following
report:

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

      By the Governor:

State Banking Board: K.S.A. 74-3004

      H. Allan Caldwell, term expires March 15, 2003

      Gary J. Cinotto, term expires March 15, 2003

      Bruce B. Morgan, term expires March 15, 2003

Pooled Money Investment Board: K.S.A. 75-4221a

      William L. Yager, term expires March 15, 2004

      Norman B. Dawson, term expires March 15, 2004

 Committee on Transportation and Tourism recommends House Substitute for HB
2642, as amended by House Committee of the Whole, be passed.

 Committee on Ways and Means recommends HB 2476 be amended by substituting a
new bill to be designated as ``Senate Substitute for HOUSE BILL No. 2476,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2476
By Committee on Ways and Means


``AN  ACT concerning educational institutions governed or coordinated by the state board
      of regents; enacting the Kansas partnership for faculty of distinction program;
      prescribing certain powers, duties and functions and guidelines therefor; transfers from
      the state general fund.'';

            and the substitute bill be passed.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March
8, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.