March 17, 2000

Journal of the Senate

FORTY-EIGHTH DAY ______

Senate Chamber, Topeka, Kansas

Friday, March 17, 2000--9:00 a.m.

The Senate was called to order by President Dick Bond.

The roll was called with thirty-nine senators present.

Senator Harrington was excused.

President Bond introduced as guest chaplain, The Most Rev. James P. Keleher,
Archbishop of the Catholic Archdiocese of Kansas City, Kansas, who delivered the
invocation:

It is such an honor to be invited to this chamber for a brief religious message. In particular,
on this Feast of St. Patrick I am delighted to point out that for me the great thing about
this apostle to the Irish is the strength of faith that sustained him in that rugged Isle where
he had once been enslaved and where pagan druidism followed his every move with the
intention of destroying him. It was only his rugged faith that made him victorious.

Because of his faith, Patrick did some great things for the island besides driving out the
snakes. He set a moral tone that the pagan ways resisted but finally embraced. He put into
law the basic commandments that are part of our Judeo-Christian heritage.

Patrick also was responsible for establishing harmony between the warring parties and
insisted that peace was what God desired.

He also established the monasteries that preserved the culture and heritage that would have
otherwise been destroyed in the dark ages to follow.

So I pray that joined by Patrick's prayer the Good Lord will strengthen you to continue to
set into law the basic moral principles that are part of our common faith. That you who are
continually torn between the demands of opposing parties and politics will be able to
establish policies that will permit all shades of opinion to live in peace. And finally that you
give your best efforts to preserving the fabric of our Kansas culture, the rhythm of our
commerce and business, of our mighty agricultural base, of our small towns, of our family
structure--all of which is our State's strength.

May the Lord keep your faith strong. May the forces of self-interest never dominate over
the common good; may partisan politics not prevail over fulfilling basic human needs--that
of the poor, of the little ones, of the unborn, of the single moms, of the small farm family,
and all who look to you for help.

Keep the faith and you will Keep Kansas the great State it is !!!!! Amen!!!!

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

Federal and State Affairs: HB 2838.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Praeger and Oleen introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1823--

A RESOLUTION congratulating and commending the Kansas 2000 Truman scholarship finalists.

WHEREAS, For the 2000 Harry S. Truman scholarship competition, both Kansas
University and Kansas State University nominated four scholars, the maximum number of
nominees. All of the Kansas University and Kansas State University nominees (four each)
were selected to be finalists. No other state institution has as many finalists as either Kansas
University or Kansas State University, and no other state has more finalists from state
institutions than Kansas. In fact, the only public institutions to nominate a full slate of
nominees, four, and to have all four nominees selected as finalists are Kansas University
and Kansas State University; and

WHEREAS, The $30,000 Harry S. Truman scholarships are awarded to scholars for the
senior undergraduate year and for graduate studies. Scholars are selected primarily on the
basis of their leadership potential, including honesty, vision, sensitivity and communications
skills; commitment to a career in public service, intellectual strength, analytical ability and
prospects of performing well in graduate studies; and

WHEREAS, The four Kansas scholars selected from Kansas University are:

Mark David Bradshaw, Walnut, majoring in American studies;

Christina M. Harms, Wichita, majoring in community leadership and development and
American studies;

Holly H. Krebs, Lawrence, majoring in American studies; and

Erik John Reedy, Topeka, majoring in mathematics, American studies and economics;
and

WHEREAS, The four Kansas scholars selected from Kansas State University are:

Sarah Glaser, Emporia, majoring in biology and natural resources and environmental
science;

Suzanne Goering, Newton, majoring in international studies and agricultural economics;

Stacy Meredith, Papillion, Nebraska, majoring in political science, geography, natural
resources and environmental sciences; and

Mellissa Vopat, Aurora, majoring in political science: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate these eight
scholars, their parents and their universities upon the scholars' selection as finalists for the
2000 Harry S. Truman scholarship competition and wish them every success in their
interviews for selection for this prestigious award; and

Be it further resolved: That the Secretary of the Senate be directed to provide five enrolled
copies of this resolution to the Chancellor of the University of Kansas and five copies to the
President of Kansas State University.

On emergency motion of Senator Praeger SR 1823 was adopted unanimously.

Senator Praeger introduced finalists Christina M. Harms, Wichita; Holly H. Krebs,
Lawrence; Sarah Glaser, Emporia; Suzanne Goering, Newton and Stacy Meredith, Papillion,
Nebraska, accompanied by Kansas State University Faculty Advisor, Beth Powers,
Manhattan.

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

SENATE RESOLUTION No. 1824--

A RESOLUTION naming buildings and certain wings thereof at the Kansas Veterans Home for Kansas recipients of the Congressional Medal of Honor. WHEREAS, The State of Kansas has established the Kansas Veterans Home upon the
premises formerly occupied by the Winfield State Hospital and Training Center; and

WHEREAS, It is desired to name the buildings, and certain wings thereof, to honor
Kansas recipients of the Congressional Medal of Honor. The reasons for this endeavor are:

1. To recognize the selfless action on the battlefield by Kansans who have made the
greatest personal sacrifices for their country and for their fellow man;

2. To give recognition by the state of Kansas to the highest form of duty, honor, bravery
and valor recognized by the United States armed forces;

3. To recognize the highest level of contribution and sacrifice by individuals in the
United States armed forces without regard to military rank; and

4. To select individuals to be honored without regard to political or partisan
considerations: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we name and designate the
following buildings, and certain wings thereof, at the Kansas Veterans Home for Kansas
recipients of the Congressional Medal of Honor as follows:

Former Name	New Name/In Honor of the Service of
Timbercreek Building	Timmerman Hall (Sergeant Grant Frederick Timmerman, United States Marine Corps--World War II)
Holly Building	Bleckley Hall (Second Lieutenant Erwin R. Bleckley, United States Army Air Corps--World War I)
Wing 1	Cowan Wing (Private First Class Richard E. Cowan, United States Army--World War II)
Wing 2	Peden Wing (Technician Fifth Grade Forrest E. Peden, United States Army--World War II)
Wing 3	Ferguson Wing (First Lieutenant Arthur M. Ferguson, United States Volunteer--Philippine Insurrection)
Wing 4	Hagemeister Wing (Specialist Fifth Class Charles C. Hagemeister, United States Army--Vietnam War)
Juniper Building	Donlon Hall (Captain Roger Hugh C. Donlon, United States Army--Vietnam War)
Wing 1	Schmidt Wing (First Sergeant Conrad Schmidt, Second United States Cavalry--Civil War)
Wing 2	Robb Wing (First Lieutenant George S. Robb, United States Army--World War I)
Wing 3	Adams Wing (Sergeant First Class Stanley T. Adams, United States Army--Korean War)
Wing 4	Ehlers Wing (Staff Sergeant Walter D. Ehlers, United States Army--World War II)
Treatment Building	Triplett Hall (Ordinary Seaman Samuel S. Triplett, United States Navy--Spanish American War)
Wing 1	Petersen Wing (Specialist Fourth Class Danny J. Petersen, United States Army--Vietnam War)
Wing 2	Trembley Wing (Private William B. Trembley, 20th Kansas Volunteer Infantry--Philippine Insurrection)
Medical Services Building	Funston Hall (Colonel Frederick Funston, Sr., 20th Kansas Volunteer Infantry--Philippine Insurrection)
Wing 1	Eckes Wing (Private First Class John N. Eckes, United States Army--Civil War)
Wing 2	Foster Wing (Ensign Paul Foster, United States Navy--Mexican War); and

Be it further resolved: That the Secretary of the Senate be directed to provide 15
enrolled copies of this resolution to Senator Goodwin for delivery to the Kansas Commission
on Veterans' Affairs and the Kansas Veterans Home.

On emergency motion of Senator Goodwin SR 1824 was adopted unanimously.

Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1825--

A RESOLUTION in support of General Motors' Fairfax automobile assembly plant. WHEREAS, Kansas is a business friendly state; and

WHEREAS, The General Motors Fairfax plant has enjoyed excellent labor-management
relations; and

WHEREAS, Kansas is a relatively low tax state thereby furthering economic development
within the state; and

WHEREAS, Kansas is fortuitously located in the center of our nation and at the center
of an outstanding railroad, highway and air distribution network; and

WHEREAS, The General Motors corporation has a large automobile manufacturing
facility in Wyandotte county known as the Fairfax plant, which plant is the second newest
plant in the General Motors system and is of modern and energy efficient design; and

WHEREAS, This plant provides 3,000 of the best paying jobs in Kansas; and

WHEREAS, The General Motors Corporation has announced its plan to renovate the
facility and to purchase new machine tools as it changes from production of Oldsmobile
Intrigue and Pontiac Grand Prix automobiles to a vehicle which is a product of the Epsilon
project: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we encourage the retooling of
the Fairfax plant and hope the successful partnership between the state of Kansas and the
General Motors Corporation can be continued resulting in ongoing quality production at
the Fairfax plant; and

Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to the President of the General Motors Corporation, 100 Renaissance
Center, Detroit, Michigan 48265-1000.

On emergency motion of Senator Steineger SR 1825 was adopted unanimously.

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

SENATE RESOLUTION No.1826--

A RESOLUTION congratulating and commending Valley Center High School. WHEREAS, Valley Center High School has been selected as one of twenty-three high
schools in the nation, and the only one in the midwest, to participate in a student exchange
program with schools in one of the newly independent countries of the former Soviet Union;
and

WHEREAS, Valley Center will be sending eight students and two teachers for a month
to Lyceum No. 9, a secondary school in Astana, the capital of Kazakhstan. The Valley Center
representatives will visit Astana in May of 2000 and the Kazan students will visit Valley
Center next September. The students selected will be Juniors who have applied to be
members of the ``Kansas to Kazakhstan Team''. The students will live with Kazan families
during their stay in Astana; and

WHEREAS, Lyceum No. 9 is similar to a magnet school. The 1,100 students have a
specialized curriculum in economics, architecture, the humanities and law; and

WHEREAS, The goals of the exchange program are:

To encourage our students to learn about the citizens of Kazakhstan and to develop an
understanding of their history and culture.

To learn about and accept the differences between the two cultures and help to bring
the youth of America and Kazakhstan closer together.

To help the students of Lyceum No. 9 develop a school publication and set up a student
government.

To help the students of Lyceum No. 9 gain a better understanding of the rights and
responsibilities of citizens.

To help the faculty and students of Lyceum No. 9 gain greater knowledge concerning
the structure, function and problems of a democratic society at the local, state and national
levels; and

WHEREAS, The leaders of Lyceum No. 9 want Kansas students to work on several joint
projects while they are in Astana. The first would be to work together to establish a voter
registration program in Astana. The second would be to set up some form of communication
between the two schools--to make a sister school arrangement; and

WHEREAS, When the Kazan students visit Kansas they will experience political
campaigning American style and will experience the history and life of Kansas by visiting
state historic sites and Kansas industries: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate Valley Center
High School for its participation in this valuable exchange program and wish the participants
a lifetime experience in a foreign land; and

Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Dr. Louise Herrington, Principal, Valley Center High School,
Valley Center, Kansas 67147.

On emergency motion of Senator Downey SR 1826 was adopted unanimously.

CONSIDERATION OF MOTIONS AND SENATE RESOLUTIONS
In accordance with Senate Rule 11(b), Senator Hensley's motion, offered on March 16,
2000 to withdraw SB 486 from the Committee on Ways and Means, was considered.

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

On roll call, the vote was: Yeas 12, Nays 26, Present and Passing 1, Absent or Not Voting
1.

Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Hensley, Jones, Lee, Petty,
Steineger, Stephens.

Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

Present and Passing: Goodwin.

Absent or Not Voting: Harrington.

The motion to withdraw failed and SB 486 remains in the Committee on Ways and
Means.

EXPLANATION OF VOTE The motion to withdraw SB 486 from the Committee on Ways and Means offered by
the minority party is the epitome of irony. The minority party has consistently proposed and
supported tax cuts that amount to hundreds of millions of dollars more than this legislature
has ultimately adopted. What's more, hardly a week goes by that the minority does not
propose millions in additional expenditures that would break the budget.

It is difficult for me to understand how the minority party can honestly blame the majority
for raiding the treasury with tax cuts when they not only helped carry the money but drove
the get-a- way car during the raid to boot!

An election year brings to us a reversal of the historical position of the minority party
who want to spend, spend, spend. This political effort can only be characterized as More
Gore!--Dick Bond

Senator Umbarger requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Bond on SB 486.

REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2769 be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

Committee on Public Health and Welfare recommends HB 2696 be amended on page
1, in line 28, by striking ``one year as determined by the board'' and inserting ``a term fixed
by the board not to exceed 18 months''; in line 30, after the period, by inserting: ``The board
may prorate to the nearest whole month the fee fixed under this subsection as necessary to
implement the provisions of this subsection.'';

On page 2, in line 38, after the period, by inserting: ``The board may prorate to the nearest
whole month the fee fixed under this subsection as necessary to implement the provisions
of this subsection.'';

On page 4, in line 11, after the period, by inserting: ``The board may prorate to the nearest
whole month the fee fixed under this subsection as necessary to implement the provisions
of this subsection.'';

On page 5, in line 27, after the period, by inserting: ``The board may prorate to the nearest
whole month the fee fixed under this subsection as necessary to implement the provisions
of this subsection.''; and the bill be passed as amended.

Committee on Ways and Means recommends SB 633 be amended by substituting a
new bill to be designated as ``Substitute for SENATE BILL No. 633,'' as follows:

``Substitute for SENATE BILL No. 633 By Committee on Ways and Means

``AN ACT concerning children in need of care; amending K.S.A. 38-1503, 38-1531, 38-1566,
38-1567, 38-1568 and 75-3329 and K.S.A. 1999 Supp. 38-1502, 38-1507, 38-1513, 38-
1532, 38-1542, 38-1543, 38-1544, 38-1562, 38-1563, 38-1565, 38-1581, 38-1583, 38-
1584, 38-1585, 38-1587, 38-1591 and 60-1610 and repealing the existing sections.'';

and the substitute bill be passed.

REPORT ON ENROLLED BILLS
SB 451, 459, 460, 489, 498 reported correctly enrolled, properly signed and presented
to the Governor on March 17, 2000.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, March 20,
2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.