February 3, 1999
Journal of the Senate
SEVENTEENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, February 3, 1999-2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
I have many reasons
To do the best I can
To keep my good name spotless,
My record spic and span.
One reason is I took an oath
To uphold the constitution,
And the folks I serve expect me
To stay clear of all pollution.
And, naturally, I want to know
My public reputation
Will go down in history
Free of condemnation.
Of course the most important
Is to know I'm pleasing You.
But others on this earth
Are watching what I do.
And so the next best reason
From temptation I must flee,
The next best thing I cherish most
Is what my children think of me.
On earth there's nothing that means more,
Every parent knows it's true,
Than hearing a son or daughter say,
``I want to be like you.''
O God, may we all live to hear those words.
I pray in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 217, An act concerning natural gas service; providing for competition in retail sales,
by Committee on Utilities.
SB 218, An act concerning solid waste disposal areas; relating to location thereof; amend-
ing K.S.A. 1998 Supp. 65-3407 and repealing the existing section, by Committee on Energy
and Natural Resources.
SB 219, An act concerning the workers compensation act; relating to the administration
thereof; amending K.S.A. 44-510c, 44-519, 44-527 and 44-557 and K.S.A. 1998 Supp. 44-
501, 44-503, 44-510, 44-557a and 44-5,120 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 44-501a and 44-503b, by Committee on Commerce.
SB 220, An act concerning crimes and punishment; relating to criminal use of explosives
and criminal use of weapons; amending K.S.A. 21-3731 and K.S.A. 1998 Supp. 21-4201 and
repealing the existing sections, by Committee on Judiciary.
SB 221, An act concerning criminal procedure; relating to evidence admitted at prelim-
inary examination, by Committee on Judiciary.
SB 222, An act concerning crimes and punishment; relating to arson; amending K.S.A.
21-3718 and repealing the existing section, by Committee on Judiciary.
SB 223, An act concerning crimes, criminal procedure and punishment; relating to an
offender's criminal history classification; amending K.S.A. 1998 Supp. 21-4711 and repealing
the existing section, by Committee on Judiciary.
SB 224, An act concerning district coroners; notification and investigation of deaths;
amending K.S.A. 22a-231 and 22a-232 and repealing the existing sections, by Committee
on Judiciary.
SB 225, An act concerning teachers; relating to hearings provided upon notice of non-
renewal or termination of contracts of employment; amending K.S.A. 72-5438, 72-5439, 72-
5440, 72-5441, 72-5442, 72-5443 and 72-5446 and repealing the existing sections, by Com-
mittee on Judiciary.
SB 226, An act relating to property taxation; requiring certain actions relating to the
levying thereof, by Committee on Assessment and Taxation.
SB 227, An act relating to income taxation; providing credits therefrom for teaching aid
contributions; amending K.S.A. 1998 Supp. 79-32,117 and repealing the existing section, by
Committee on Assessment and Taxation.
SB 228, An act relating to income taxation; concerning the determination of the credit
for income tax paid to another state; amending K.S.A. 1998 Supp. 79-32,111 and repealing
the existing section, by Committee on Assessment and Taxation.
SB 229, An act concerning elections; relating to appointment procedures for precinct
committees; amending K.S.A. 25-3801 and repealing the existing section, by Committee on
Elections and Local Government.
SB 230, An act concerning election procedures; amending K.S.A. 25-306, 25-321, 25-
433, 25-3104, 25-4302, 25-4322 and 25-4324 and K.S.A. 1998 Supp. 25-1122d, 25-2309,
25-2316c and 25-3107 and repealing the existing sections, by Committee on Elections and
Local Government.
SB 231, An act concerning school districts; relating to membership on boards of educa-
tion; amending K.S.A. 72-7901 and repealing the existing section, by Committee on
Education.
SB 232, An act establishing a task force on long-term care services to study services
provided by the public and private sector to citizens of the state and laws and rules and
regulations relating to such services, by Committee on Public Health and Welfare.
SB 233, An act concerning mental health; relating to screenings and placements; amend-
ing K.S.A. 22-3302, 22-3303, 22-3429, 22-3430, 22-3431 and 38-1514 and K.S.A. 1998 Supp.
22-3305, 38-1513, 38-1614, 38-1637, 38-1638, 38-1639 and 38-1662 and repealing the ex-
isting sections, by Committee on Public Health and Welfare.
President Bond introduced to the Senate for consideration SCR 1610.
SENATE CONCURRENT RESOLUTION NO. 1610--
A SENATE AND HOUSE CONCURRENT RESOLUTION congratulating
and commending George Brett.
WHEREAS, George Brett, a resident of the state of Kansas and former Kansas City
Royals baseball player, has been elected to membership in the Baseball Hall of Fame; and
WHEREAS, George Brett is one of three professional baseball players who will be in-
ducted into the Baseball Hall of Fame on July 25, 1999, at Cooperstown, New York. He
was elected to membership upon his first year of eligibility with a 98.19 percentage of the
votes cast--the fourth highest voting percentage in the history of the award; and
WHEREAS, George Brett's career spanned a total of 21 seasons and resulted in 3,154
total hits; a career batting average of .305, 317 home runs, three batting titles, 13 all-star
selections and one most valuable player selection. He is the only player in major league
history to have 3,000 hits, 300 home runs, 600 doubles, 100 triples and 200 stolen bases,
and he is the only player to win batting titles in three different decades--1976, 1980 and
1990. He is remembered by many as the person who hit the famous ``Pine Tar Home Run''
off Rich Gossage of the New York Yankees on July 24, 1983, at Yankee Stadium. The Kansas
City Royals retired George Brett's number, number 5, and inducted him into the club's Hall
of Fame on May 14, 1994; and
WHEREAS, In 1981, George Brett joined with Keith R. Worthington, an ALS victim,
to raise funds to find the cause and a cure for ALS, the Lou Gehrig disease. After Keith
Worthington died of ALS, George Brett established the George Brett Research Fund for
ALS. He has sponsored charity auctions and George Brett Celebrity Golf Tournaments at
Kansas City and Wichita, and the fund has raised $860,000 as of December, 1998; and
WHEREAS, George Brett has remained as a part of the Kansas City Royals organization
since his retirement as a player, and for over two decades has made Kansas Citians feel
good, feel special and feel proud of themselves, their city and their baseball team; and
WHEREAS, George Brett lives in Mission Hills, Kansas, with his wife, Leslie, and their
three sons, Jackson, Dylan and Robin; and
WHEREAS, George Brett is being honored in a joint session of the Kansas Legislature
and as a special guest of Governor Bill Graves on February 8, 1999: Now, therefore,
Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That we congratulate and commend George Brett upon his election to member-
ship in the Baseball Hall of Fame; and honor him as a distinguished Kansan.
On emergency motion of Senator Becker SCR 1610 was adopted by voice vote.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2001.
Commerce: SB 211.
Education: SB 199, 200, 201, 202, 204.
Elections and Local Government: SB 214, 215.
Judiciary: SB 203, 205, 206, 207, 208, 212.
Public Health and Welfare: SB 216.
Ways and Means: SB 209, 210, 213.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2053, 2056, 2065.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2053, 2056, 2065 were thereupon introduced and read by title.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 44 be passed.
Also SB 124 be amended on page 2, in line 24, by striking ``1997'' and insering ``1995'';
On page 3, in line 35, by striking ``1997'' and inserting ``1995''; and the bill be passed as
amended.
Committee on Public Health and Welfare recommends SB 107 be passed.
The Committee on Ways and Means recommends SB 39 be amended on page 1, in
line 16, by striking ``year'' and inserting ``years''; also in line 16, before ``appropriations'' by
inserting ``and June 30, 2000,''; in line 23, after ``fund'' by inserting ``for the fiscal year ending
June 30, 1999,''; after line 24, by inserting the following:
``Sec. 3.
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, the following:
| Permanent guardianship | | $1,000,000 |
Provided, That all expenditures from the permanent guardianship account shall be made to
provide support payments to individuals appointed as permanent guardians in child in need
of care actions under the Kansas code for care of children, K.S.A. 38-1501 et seq. and
amendments thereto.
(b) Any unencumbered balance in the permanent guardianship account of the state gen-
eral fund in excess of $100 as of June 30, 1999, is hereby reappropriated for fiscal year
2000.'';
And by renumbering sections accordingly;
In the title, in line 9, by striking ``year'' and inserting in lieu thereof ``years''; in line 10,
before ``for'' by inserting ``and June 30, 2000,''; also in line 10, after ``general'' by inserting
``and the department of social and rehabilitation services'';
and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SR 1810, 1811, 1812 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 3, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, February
4, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.