January 29, 1999

Journal of the Senate

FOURTEENTH DAY
______
Senate Chamber, Topeka, Kansas
Friday, January 29, 1999--9:00 a.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-six senators present.

 Senators Jones, Kerr, Lawrence and Vidricksen were excused.

 Invocation by Chaplain Fred S. Hollomon:

       Heavenly Father,

           I'm not a native Kansan,

       But I've lived here forty years.

       Early on I caught the spirit

       Of the Kansas pioneers.

           I never met a boy my age

       Who didn't used to go

       Each Saturday afternoon

       To a cowboy picture show.

           I grew up watching Cassidy,

       Ken Maynard, other cowpokes,

       And when TV came along,

       I never missed ``Gunsmoke''.

           In nineteen fifty-eight

       I moved to Baxter Springs:

       ``The First Cowtown in Kansas''

       Set me remembering.

           The first time on I-70

       The Flint Hills on both sides

       Looked exactly like the hills

       Ken Maynard used to ride.

           Those hills still stimulate

       My imagination.

       Their contours are as graceful

       As any in the nation.

           You've blessed our state, O God,

       In many marvelous ways,

       No doubt more important

       Than my boyhood yesterdays.

           But we thank You, Lord, for all of them,

       Especially those which show

       Your exquisite handiwork

       Like hills, sunsets, and snow.

           So with your blessing, Lord,

       We wish our beloved state

       A very ``Happy Birthday!''

       Number one hundred and thirty-eight!

           I pray in Jesus' Name,

       AMEN

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

   SP 1, by Senator Dave Kerr: a petition favoring a return to Christian Values, signed by
Louise Knoeful and 15 other residents of Reno County.

 SP 2, by Senator Robert Tyson: a petition encouraging elected officials to help in any
way possible in our efforts to keep the Saint Lukes and Shawnee Mission Medical Board
from closing the Linn County medical clinics/facilities in Mound City and La Cygne, signed
by Martha W. Couch and 20 others from the Mound City area.

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

   SB 174, An act concerning legislative compensation and benefits; amending K.S.A. 1998
Supp. 46-137a and 74-4911f and repealing the existing sections, by Committee on Federal
and State Affairs.

 SB 175, An act concerning vending facilities operated by blind persons; amending K.S.A.
75-3337, 75-3338 and 75-3339 and repealing the existing sections, by Committee on Public
Health and Welfare.

 SB 176, An act concerning groundwater management districts; relating to certain charges
and assessments; amending K.S.A. 82a-1030 and repealing the existing section, by
Committee on Energy and Natural Resources.

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

   Assessment and Taxation: SB 163, 167, 173.

 Education: SB 171.

 Energy and Natural Resources: SB 172.

 Federal and State Affairs: SB 161.

 Financial Institutions & Insurance: SB 160, 162.
 Judiciary: SB 164, 165, 166, 168.

 Transportation and Tourism: SB 169.

 Ways and Means: SB 159, 170.
COMMUNICATIONS FROM STATE OFFICERS
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
  January 22, 1999
   Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Perspective for the month of December, 1998. The
Monthly Financial Perspective is available on the Internet at the Financial Reporting Section
of the Division of Accounts and Reports web site under Monthly Financial Perspective.

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

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

    SENATE RESOLUTION No. 1807--

  A  RESOLUTION congratulating and commending Gerald Moore.
        WHEREAS,  Kansas Day is a unique time to celebrate the history and culture of this
great state; and

      WHEREAS,  Kansas farmers work through droughts and floods, good times and bad, to
produce food for Kansas, the nation and the world; and

      WHEREAS,  The arts thrive in every corner of the state and are produced and enjoyed
by the multitudes; and

      WHEREAS,  Gerald Moore, a 50 year-old from Munden in Republic County, farms there
with his wife, three sons, his parents and sister on land his great-grandfather, William Moore,
homesteaded; and

      WHEREAS,  Gerald Moore's hobby for the last ten years has been to produce paintings
of life in rural Kansas; and

      WHEREAS,  An exhibit of 16 of his paintings is unveiled today in the Statehouse before
it is shown in 15 Kansas communities over the next year-and-a-half, including the State Fair
in Hutchinson and the National Agricultural Center and Hall of Fame in Bonner Springs;
and

      WHEREAS,  This exhibit and statewide tour are sponsored by the Courtland Art Guild,
with assistance from the Kansas Arts Commission, the Community Service Department at
Kansas State University, the Duclose Foundation in Concordia and the Merrill Charitable
Trust in Shawnee Mission; and

      WHEREAS,  The aforementioned William Moore, the artist's great-grandfather, served
in the Kansas Legislature beginning in 1878: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That the Kansas Senate congratulate
Gerald Moore for his outstanding paintings, for sharing them with the entire state and for
showing that which is strong and good in rural Kansas; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senator Lee.

 On emergency motion of Senator Lee SR 1807 was adopted unanimously.

 Senator Lee introduced and congratulated Gerald Moore, accompanied by Don Lambert.

 Senators Petty and Hensley introduced the following Senate resolution, which was read:

    SENATE RESOLUTION No. 1808--

  A  RESOLUTION in memory of Virgil N. Barnes.
        WHEREAS,  Virgil N. Barnes, 81, of Topeka, died January 19, 1999, at a Topeka hospital;
and

      WHEREAS,  Virgil N. Barnes was a life-long Topeka resident. He was the first Topekan
to run for city council in District 1, Ward 1, and he served on the Mayor's Advisory Council.
He served as Ward Captain since 1982 and was on the Democratic Central Committee. He
was appointed in 1990 to serve the remainder of the term as Representative for the 53rd
Kansas Representative District; and

      WHEREAS,  Virgil N. Barnes served in the Army Air Corps during World War II and
was a machinist for the Atchison, Topeka and Santa Fe Railroad for 53 years before he
retired in July 1994; and

      WHEREAS,  Virgil N. Barnes was a member of St. Joseph Catholic Church, Topeka
North Post 400 of the American Legion, the American Historical Society of Germans from
Russia, the North Topeka West Neighborhood Improvement Association and was active in
activities of Hayden High School and Hayden Pace; and

      WHEREAS,  Virgil N. Barnes was married to Hazel M. Devlin on October 15, 1941, in
Topeka. She survives. Other survivors include a son, Larry M. Barnes, and two daughters,
Linda M. Barnes and Jackie M. Barnes, all of Topeka, plus three grandchildren and one
great-grandchild: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Virgil N. Barnes; and

      Be it further resolved: That the Secretary of the Senate be directed to send four enrolled
copies of this resolution to Mrs. Virgil N. Barnes at 1740 N.W. Taylor, Topeka, KS 66608.

 On emergency motion of Senator Hensley SR 1808 was adopted unanimously.

 Senator Petty introduced Mr. Barnes' wife, Hazel and children Larry, Linda and Jackie
Barnes.

 Senators Hensley and Emert introduced the following Senate resolution, which was read:

    SENATE RESOLUTION No. 1809--

  A  RESOLUTION in memory of Dr. Paul Adams.
        WHEREAS,  Dr. Paul Adams, 75, a retired physician and respected community leader,
died January 19, 1999, at his home in Osage City; and

      WHEREAS,  Dr. Adams graduated from the University of Kansas School of Medicine in
1947 and established a family practice in Osage City in 1949. He sold his practice to
Stormont Vail Enterprises in July 1985 and retired from the active practice of medicine a
few months later. He continued as district coroner until 1997, a position he held for nearly
45 years; and

      WHEREAS,  Dr. Adams was active in the affairs of his community and had an abiding
interest in the education of the youth of Kansas. He served three terms on the U.S.D. 420
school board and was elected for two terms to the Kansas State Board of Education. He
also was the regional vice-president of the Kansas State Association of School Boards and
served six years on the Kansas State High School Activities Association board; and

      WHEREAS,  Dr. Adams served on the Osage City Community Development Committee
and was a fourth ward councilman for 10 years. He was a member of the Osage City Kiwanis
Club for 25 years and served as a district lieutenant governor for that organization. In 1995
he and his wife were selected by the Osage City Chamber of Commerce as Mr. and Mrs.
Osage City; and

      WHEREAS,  Dr. Paul Adams is survived by his wife, Maureen, three daughters and two
grandchildren: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Dr. Paul Adams and recognize the contributions he made to his community
as a family doctor and community leader; and

      Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Mrs. Paul Adams.

 On emergency motion of Senator Hensley SR 1809 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends SB 22 be passed.

REPORT ON ENROLLED BILLS
 SR 1806 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on January 29, 1999.

 The President announced the Senate would recess until 10:00 a.m. for the purpose of a
joint meeting with the House of Representatives for the Re-Dedication Ceremony at the
House of Representatives.

 On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February 1,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.