Febryary 1, 1999
Journal of the Senate
FIFTEENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Monday, February 1, 1999--2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Jones was excused.
President Bond introduced as guest chaplain, Rev. Bill Caudle, Pastor, Grant Avenue
Baptist Church, Chanute, Kansas, who delivered the invocation:
Our Father God,
We come today in your presence within these hallowed walls of state government to
seek your grace, divine guidance and resource. May these helps be exercised as this
elected group of state senators make decisions. We thank you, Lord, that these men and
women are representing the people and business of our State of Kansas. We thank you
that our ancestors of this great nation recognized you as the creator of all we possess.
I thank you Father that you have given these who have gathered for this term the
desire to serve in this willing way their constituents. As they serve, may they remember
that you know their hearts and their motivation of service. May the abilities that you
have allowed these men and women to enjoy be placed in your caring for the work they
do in this room this afternoon. As these who serve, may they recall that what this state
enjoys within its boundaries is a love gift from you.
In the actions of the day, grant clear minds for these who serve. Father, I also ask for
each of those who assist this body of Senators to receive a blessing of your presence as
well. Help each seek to make every moment be a time of great decision process so that
it brings a rich history to Kansas and her people.
In closing Father, I ask that you grant the people who are in this room now to know
that you truly love them. I ask that their families be protected while each of them are
here in these sessions away from home. Give each of them the rest and clarity of thought
in all that they do both here and at home.
This is all asked in and through the one known as Jesus, Emmanuel, Christ, Savior,
Counselor! Amen
INTRODUCTION
President Bond introduced Captain Larry Fox who will be serving the Senate along with
Highway Patrolman Don Cackler.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 177, An act concerning drivers license records; prohibiting the sale or distribution of
photographs or photographic images; amending K.S.A. 1998 Supp. 74-2012 and repealing
the existing section, by Committee on Transportation and Tourism.
SB 178, An act concerning alcohol or drug related offenses involving the operation of a
vehicle; amending K.S.A. 1998 Supp. 8-1002 and repealing the existing section, by
Committee on Transportation and Tourism.
SB 179, An act concerning the high performance incentive program; relating to eligibility
therefor; amending K.S.A. 1998 Supp. 74-50,131 and repealing the existing section, by
Committee on Commerce.
SB 180, An act concerning crimes, criminal procedure and punishment; relating to
limitation of actions; motions attacking sentence; amending K.S.A. 60-514 and 60-1507 and
repealing the existing sections, by Committee on Judiciary.
SB 181, An act concerning crimes and punishment; relating to determination of criminal
history classification; assault adjudications and convictions; amending K.S.A. 1998 Supp. 21-
4711 and repealing the existing section, by Committee on Judiciary.
SB 182, An act amending the homestead property tax refund act; increasing amounts
refundable thereunder; amending K.S.A. 79-4508 and 79-4509 and repealing the existing
sections, by Senator Emert (By request).
SB 183, An act concerning children; amending K.S.A. 1998 Supp. 38-1507 and 38-1507b
and repealing the existing sections, by Committee on Judiciary.
SB 184, An act concerning children; relating to children in need of care; relating to
termination of parental rights; relating to notice of a change in child's residence; amending
K.S.A. 1998 Supp. 38-1502, 38-1562, 38-1563, 38-1565 and 38-1581 and repealing the
existing sections; also repealing K.S.A. 1998 Supp. 38-1502c, by Committee on Judiciary.
SB 185, An act relating to income taxation; authorizing credits for property tax paid by
certain telecommunications companies, by Committee on Assessment and Taxation.
SB 186, An act concerning school districts; amending K.S.A. 72-6760 and repealing the
existing section, by Committee on Utilities.
SB 187, An act establishing the Kansas long-term care training program; providing for
administration thereof by the secretary of commerce, by Committee on Public Health and
Welfare.
SB 188, An act concerning basic breathing screening, by Committee on Public Health
and Welfare.
SB 189, An act concerning the Kansas healing arts act; qualifications for licensure by
examination; defining accredited schools or colleges of the healing arts; amending K.S.A.
65-2873 and 65-2874 and repealing the existing sections; also repealing K.S.A. 65-2875 and
65-2876, by Committee on Public Health and Welfare.
SB 190, An act concerning the Kansas healing arts act; relating to the expiration date of
licenses, temporary and postgraduate permits and fees; amending K.S.A. 1998 Supp. 65-
2809, 65-2811 and 65-2852 and repealing the existing sections, by Committee on Public
Health and Welfare.
SB 191, An act concerning school safety and security; relating to the reporting of
information regarding specified pupils; amending K.S.A. 1998 Supp. 38-1502, 38-1507, 38-
1602, 72-89b02 and 72-89b03 and repealing the existing sections; also repealing K.S.A. 1998
Supp. 38-1502c and 38-1602a, by Committee on Education.
SB 192, An act concerning physical therapy; amending K.S.A. 65-2914 and repealing the
existing section, by Committee on Public Health and Welfare.
SB 193, An act concerning the prescribing of drugs by physicians' assistants; amending
K.S.A. 65-2896e and K.S.A. 1998 Supp. 65-1626 and 65-4101 and repealing the existing
sections, by Committee on Public Health and Welfare.
SB 194, An act concerning the healing arts; actions against licensees; amending K.S.A.
65-2842 and K.S.A. 1998 Supp. 65-2836 and repealing the existing sections, by Committee
on Public Health and Welfare.
SB 195, An act concerning crimes, criminal procedure and punishment; relating to
aggravated battery; amending K.S.A. 21-3414 and repealing the existing section, by
Committee on Federal and State Affairs.
SB 196, An act concerning boating under the influence of alcohol or drugs; amending
K.S.A. 32-1131 and 32-1134 and repealing the existing sections, by Committee on Federal
and State Affairs.
SB 197, An act concerning alcoholic and cereal malt beverages; requiring certain licensees
to maintain records of purchasers of certain containers of beer or cereal malt beverage, by
Committee on Federal and State Affairs.
SB 198, An act relating to highways; concerning the priority formula for noninterstate
roadways, by Senator Huelskamp.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Energy and Natural Resources: SB 176.
Federal and State Affairs: SB 174.
Ways and Means: SB 175.
CHANGE OF REFERENCE
The President withdrew SB 154 from the Committee on Judiciary, and referred the bill
to the Committee on Transportation and Tourism.
MESSAGE FROM THE GOVERNOR
February 1, 1999
To the Senate of the State of Kansas:
Submitted herewith for confirmation by the Senate are appointments made by me as
Governor of the State of Kansas as of February 1, 1999, pursuant to law.
Bill Graves
Governor
Adjutant General, Gregory B. Gardner, pursuant to the authority vested in me by KSA 48-
203, effective upon the date of confirmation by the Senate to serve at the pleasure of the
Governor.
Secretary, Kansas Department of Revenue, Karla J. Pierce, pursuant to the authority vested
in meby KSA 75-5101, effective upon the date of confirmation by the Senate, to serve at
the pleasure of the Governor.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS CORPORATION COMMISSION
January 29, 1999
Pursuant to the provisions of K.S.A. 66-117b, John Wine, Chairperson, Utilities Division,
Kansas Corporation Commission, submitted the 1999 Report to the Legislature.
KANSAS GUARDIANSHIP PROGRAM
January 29, 1999
On behalf of the Board and staff of the Kansas Guardianship Program, Judge Frank J.
Yeoman, Jr., Chairperson, submitted the 1998 Annual Report, pursuant to K.S.A. 74-9601
et. seq., as amended.
The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2005, 2015, 2062.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2005, 2015, 2062 were thereupon introduced and read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Corbin introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1810--
By Senator Corbin
A RESOLUTION congratulating and commending the Butler County Community
College 1998 football team and Coach James Shibest.
WHEREAS, The Butler County Community College football team, the Grizzlies, were
the 1998 National Junior College Athletic Association champions; and
WHEREAS, The Grizzlies, with an undefeated season of 11-0, were the 1998 Jayhawks
Conference Champions, but nationally they were ranked as the number 2 team behind the
number 1 ranked Ricks College Vikings, of Rexburg, Idaho. The national championship
game, the Real Dairy Bowl, was held at Idaho State University's Holt Arena on December
5, 1998. When the final whistle blew, the score was 22-18 in favor of the Grizzlies over the
Vikings giving the team a perfect 12-0 season and the national junior college football cham-
pionship; and
WHEREAS, James Shibest, the coach of the Grizzlies, was named as the 1998 National
Junior College Athletic Association Coach of the Year as well as the 1998 Jayhawk Confer-
ence Coach of the Year. This year's bowl appearance was the second in three years for a
Shibest coached team. He has compiled a 22-9 record in his three years with the Grizzlies:
Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Butler County Community College football team, coaching staff, administration and
student body upon being the 1998 junior college national football champions; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Dr. Jacqueline Vietti, President, Butler County Com-
munity College, Haverhill Road-Towanda Avenue, El Dorado, KS 67042.
On emergency motion of Senator Corbin SR 1810 was adopted unanimously.
Senator Corbin introduced as guests of the Senate the 1998 Football team, accompanied
by Athletic Director, Curtis Hammeke, Head Football Coach, James Shibest and Coaches
Steve Braet, Craig Jersild, Troy Morrell, J.R. Lemons, Rance Holt and Buford Pringle.
Senator Praeger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1811--
By Senator Praeger
A RESOLUTION proclaiming ``Nurturing Women's Hearts'' week.
WHEREAS, Coronary heart disease is the number one cause of death of American
women; and
WHEREAS, In each year since 1984 the number of cardiovascular disease deaths for
women has exceeded those for men; and
WHEREAS, More than 505,000 American women and 4,949 women in Kansas die each
year from all heart and blood vessel diseases combined; and
WHEREAS, Currently 44% women versus 27% men will die as a result of their first
heart attack; and
WHEREAS, The American Heart Association is committed to specific public education
about the unique characteristics and risk factors for cardiovascular diseases in women, there-
fore urging women of Kansas to ``Take Charge '' by taking a proactive role in their cardi-
ovascular health: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we proclaim the first week of
February as ``Nurturing Women's Hearts'' week during February, American Heart Month,
and that we urge all citizens of Kansas to support the mission of the American Heart As-
sociation; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to the American Heart Association, Greater Kansas City Division,
6800 W. 93rd Street, Overland Park, KS 66212-1461.
On emergency motion of Senator Praeger SR 1811 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee Assessment and Taxation recommends SB 43 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
Also, SB 47 be amended on page 7, in line 12 by striking ``the'' where it first appears;
and the bill be passed as amended.
Committee on Electios and Local Government recommends SB 62 be passed.
Also SB 68 be amended on page 1, in line 26, after the ``;'' by striking ``or''; in line 34,
after ``amended'' by in inserting ``; (4) any solicitation for the benefit of any national non-
profit, nonpartisan organization established for the purpose of serving, informing, educating
and strengthening state legislatures in all states of the nation; or (5) any solicitation for the
benefit of any national, nonprofit organization established for the purpose of serving, in-
forming and educating elected executive branch officials in all states of the nation''; and the
bill be passed as amended.
Committee on Federal and State Affairs recommends SB 15 be amended on page 2,
in line 6, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed
as amended.
REPORT ON ENROLLED BILLS
SR 1807, 1808, 1809 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 1, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
2, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.