March 5, 1998


Journal of the Senate


THIRTY-SEVENTH DAY
______
Senate Chamber Topeka, Kansas 
Thursday, March 5, 1998--2:30 p.m. 
 The Senate was called to order by Vice-President Alicia Salisbury.

 The roll was called with thirty-eight senators present.

 Senators Corbin and Goodwin were excused.

 Vice-President Salisbury introduced as guest chaplain, Rev. Kelly Demo, Associate Pastor,
Trinity Episcopal Church, Lawrence, who delivered the invocation:

      O Lord our Governor, bless the leaders of our land, that we may be a people at
      peace among ourselves and a blessing to other nations of the earth.

      To the President and members of the Cabinet, to Governors of States, Mayors of
      Cities, and to all in administrative authority, grant wisdom and grace in the exercise
      of their duties.

      To Senators and Representatives and those who make our laws in States, Cities, and
      Towns, give courage, wisdom, and foresight to provide for the needs of all our people
      and to fulfill our obligations in the community of nations.

      Grant all who are in authority humility in the knowledge that all power comes from
      you, and give them compassion in the use of that power.

      Give us words to talk to you and to each other, but most especially, give us ears to
      listen to you and to each other.

      Help us, O Lord, to finish the good work here begun. Strengthen our efforts to blot
      out ignorance and prejudice and to abolish poverty and crime. And hasten the day
      when all our people, with many voices in one united chorus will glorify your Holy
      Name. All this we pray in the name of Jesus Christ and in the power of the Holy
      Spirit. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bill and concurrent resolution were introduced and read by title:

 SB 683, An act concerning children; relating to children in need of care; amending K.S.A.
38-1561, 38-1581 and 59-2132 and K.S.A. 1997 Supp. 38-1502, 38-1562, 38-1563, 38-1565,
38-1582 and 38-1583 and repealing the existing sections; also repealing K.S.A. 1997 Supp.
38-1502b, by Committee on Federal and State Affairs.

SENATE CONCURRENT RESOLUTION No. 1620--

By Senators Steineger, Jones and Gilstrap
A CONCURRENT RESOLUTION memorializing Congress to pass the Underground
Railroad Network to Freedom Act of 1997.
    WHEREAS, Pending legislation before the U.S. Congress (H.R. 1635 and S. 887) would
authorize the National Park Service to link together the hundreds of underground railroad
sites and to provide stories, programs and activities for the benefit, education and enjoyment
of all Americans; and

    WHEREAS, The underground railroad was an experience and procedure whereby many
enslaved men, women and children found their way to freedom; and

    WHEREAS, Many free-state settlers in the state of Kansas were involved in this activity.
The frontier community of Quindaro was founded as an abolition, temperance town in a
bend of the Missouri River a few miles north of present day Kansas City. While the adjacent
river communities of Kansas City and Leavenworth were controlled by individuals of pro-
slavery sentiment, Quindaro provided a safe and reliable ferry and steamship landing for
emigrants wishing to settle in Kansas as free staters. The Lane Trail, established by the
honorable James H. Lane from Iowa through eastern Nebraska and on through northeastern
Kansas to Topeka was a destination used by many free staters and abolishionists to guide
run away slaves to Iowa and eventual freedom in Canada. Many connecting routes existed
throughout northeastern Kansas for abolishionists to guide their charges to the Lane Trail.
A successful trip took several weeks, involved the sheltering of individuals in all types of
structures and required the silence and trust of a vast network of individuals. Many of the
individuals involved in the process were unidentified during the years of the underground
railroad, and their identities remain unknown today. Likewise, the facilities used were kept
secret but some have been identified and are known today; and

    WHEREAS, Much of the history of territorial Kansas was linked to the issue of whether
this state would be free or slave, and the efforts of the free staters assisting those wishing
to achieve freedom, plus the destiny of those seeking freedom are worth memorializing by
preserving what remain of underground railroad sites: Now, therefore,

    Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That we memorialize the Congress of the United States to pass the Underground
Railroad Network to Freedom Act of 1997; and

    Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the members of the Kansas Congressional delegation and to Marjorie
Bradshaw, 3910 S.W. Parlington Road, Topeka, Kansas 66610.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills and resolution were referred to Committees as indicated:

 Education: HCR 5029.

 Ways and Means: HB 2792, 2877, 2970.

MESSAGE FROM THE HOUSE

 Announcing passage of HB 2477.

 Also, adoption of HCR 5035.

 The House nonconcurs in Senate amendments to Sub HB 2478, requests a conference
and has appointed Reps. Phil Kline, Farmer and Helgerson as conferees on the part of the
House.

 Having reconsidered its action, the House nonconcurs in Senate amendments to HB
2289, requests a conference and has appointed Reps. Flower, Ballou and Weiland as con-
ferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

    HB 2477; HCR 5035 were thereupon introduced and read by title.

REPORTS OF STANDING COMMITTEES

 Committee on Agriculture recommends HB 2761, as amended by House Committee,
be passed.

 Also HB 2738 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 Commerce recommends SB 672 be amended on page 3, in line 24, by
striking ``Any'' and inserting ``Subject to the provisions of section 4 of this act, any''; in line
42, after ``plan'', by inserting ``or a revision of the plan, as authorized by section 4,'';

    On page 4, in line 19, after ``plan'' by inserting ``or a revision of the plan, as authorized
by section 4,''; in line 32, by striking all after the period; by striking all in lines 33 through
36; in line 37, by striking all before ``Such'';

    On page 5, in line 15, by striking ``trans-''; in line 16, by striking all before ``pursuant''
and inserting ``the redevelopment plan or revision of the plan, as authorized by section 4,
to the county''; in line 37, after ``plan'', by inserting ``or a revision of the plan, as authorized
by section 4,'';

    On page 6, in line 9, before the period, by inserting ``or a revision of the plan as authorized
pursuant to section 4''; in line 36, after ``plan'', by inserting ``or a revision of the plan, as
authorized by section 4,''; in line 39, after ``K.S.A.'', by inserting ``12-1775'';

    On page 7, after line 9, by inserting a new section as follows:

    ``New Sec. 1. (a) The provisions of this section shall apply to all cities in which a re-
development plan has been dormant and a tax increment has not been received within three
years or more following adoption of the ordinance establishing a redevelopment plan pur-
suant to subsection (e) of K.S.A. 12-1772, and amendments thereto, and the boundaries of
such plan include a portion of the land subject to the jurisdiction of the capitol area plaza
authority established under the provisions of K.S.A. 75-2237, and amendments thereto.

    (b) Such city may, by ordinance of the governing body passed by a two-thirds vote,
revise the project areas of a previously approved but dormant redevelopment plan into
separate stages. Such an ordinance establishing one or more separate stages shall fix a date
of completion and shall adopt, by reference, a revised plan which shall include: (1) a sum-
mary of a new comprehensive feasibility study required by K.S.A. 12-1771, and amendments
thereto; (2) a description and map of the project area; (3) a detailed description of the
buildings and facilities proposed to be constructed or improved in such project area; and
(4) any other information the governing body deems necessary to advise the public. A cer-
tified copy of such revised plan shall be transmitted to the county pursuant to K.S.A. 12-
1776 and amendments thereto and to the capitol area plaza authority. The revised plan shall
be an open public record.'';

    And by renumbering the existing sections accordingly;

    Also on page 7, in line 13, by striking ``statute book'' and inserting ``Kansas register''; and
the bill be passed as amended.

 Committee on Education recommends SB 444 be amended on page 11, in line 34, by
striking ``(1) Subject to the provi-''; in line 35, by striking all before ``state'' and inserting
``The'';

    On page 12, in line 5, by striking ``(2)'' and inserting ``(b)''; in line 7, by striking ``(A)'' and
inserting ``(1)''; in line 9, by striking ``(B)'' and inserting ``(2)''; by striking all of lines 11
through 43;

    On page 13, by striking all of lines 1 through 24;

    In the title, in line 11, by striking all after the semicolon; in line 12, by striking all before
``providing''; in line 13, by striking ``assistance of students'' and inserting ``disposition of
student records''; and the bill be passed as amended.

 Committee on Elections and Local Government recommends SB 677 be passed.

 Committee on Financial Institutions and Insurance recommends HB 2718 be
amended on page 10, in line 5, by striking ``statute book'' and inserting ``Kansas register'';
and the bill be passed as amended.

 Committee on Transportation and Tourism recommends HB 2687 be amended on
page 1, following line 18, by inserting the following:

    ``(b) This section clarifies existing law and shall be given effect in all court cases brought
on or after the effective date of this act.'';

    Also on page 1, in line 19, by striking ``(b)'' and inserting ``(c)''; in line 22, by striking
``statute book'' and inserting ``Kansas register''; and the bill be passed as amended.

 Committee on Ways and Means recommends SB 426 be passed.

ORIGINAL MOTION

 On motion of Senator Morris, the Senate acceded to the request of the House for a
conference on HB 2289.

 The Vice-President appointed Senators Morris, Umbarger and Karr as conferees on the
part of the Senate.

 On motion of Senator Kerr, the Senate acceded to the request of the House for a con-
ference on Sub HB 2478.

 The Vice-President appointed Senators Kerr, Morris and Petty as conferees on the part
of the Senate.

 On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 6, 1998.

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