February 12, 1999

Journal of the Senate

TWENTY-FOURTH DAY ______

Senate Chamber, Topeka, Kansas

Friday, February 12, 1999--9:00 a.m.

The Senate was called to order by Vice-President Alicia L. Salisbury.

The roll was called with thirty-eight senators present.

Senators Hardenburger and Praeger were excused.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

The people whom I most admire

Take responsibility.

A work ethic's been instilled in them

Coupled with civility.

If they are supposed to be somewhere

At a certain time,

To not be there when they should

Is to them a crime.

If they have promised something,

To prove they are not lying,

They will see that it is done,

Or almost die trying.

They've learned the one key to success,

Whether rocket scientist or fast food clerk,

the secret's always been the same,

It's nothing but hard work.

People with this ethic

I have seen arrive

With nothing but an iron will

Keeping them alive.

They work when sick, they work with pain,

They work both day and night,

So give them strength for in their hearts

They want to do things right.

I pray in the Name of Christ,

AMEN

PETITIONS
The following petition was presented, read and filed:

SP 3, by Senator Barbara Lawrence: a petition in opposition to SB 8, by Sherri
Charboneau and 21 others from Wichita.

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

SB 308, An act concerning community development; creating tax credits for
privatecontributions to the financing thereof, by Committee on Commerce.

SB 309, An act concerning the Kansas police and firemen's retirement system; relating
to affiliation; election by employees; credit service; employee and employer contributions,
by Committee on Judiciary.

SB 310, An act concerning retirement and pensions; relating to the Kansas police and
firemen's retirement system; amending K.S.A. 74-4972 and repealing the existing section,
by Committee on Judiciary.

SB 311, An act concerning corporations; relating to filing of certain documents; recording
with register of deeds; amending K.S.A. 17-630, 17-1507, 17-1608, 17-2034, 17-2201, 17-
6001, 17-6203, 17-6401, 17-6601, 17-6602, 17-6605, 17-6706, 17-6707, 17-6913 and 17-
7301 and K.S.A. 1998 Supp. 17-6003 and 17-6205 and repealing the existing sections; also
repealing K.S.A. 17-7401, by Committee on Judiciary.

SB 312, An act concerning juvenile offenders; relating to implementation of juvenile
orders of disposition, by Committee on Judiciary.

SB 313, An act concerning accessibility standards for public buildings; relating to the
Americans with disabilities act; private remedy for violations thereof, by Committee on
Judiciary.

SB 314, An act concerning crimes, criminal procedure and punishment; relating to
prosecuting persons who are 16 or more years of age as adults; amending K.S.A. 8-254, 12-
4419, 21-4717, 22-2909, 38-134, 38-501, 38-523, 38-528 and 38-541 and K.S.A. 1998 Supp.
8-2117, 12-4509, 21-3612, 21-4502, 21-4716, 38-1602, 38-1609, 38-1611, 38-1624, 38-1626,
38-1636, 38-1676, 41-727, 65-4155, 65-4159, 65-4161 and 65-4163 and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 38-1602a, by Committee on Judiciary.

SB 315, An act concerning venture capital; enacting the Kansas certified capital company
act; amending K.S.A. 1998 Supp. 17-1262 and repealing the existing section, by Committee
on Commerce.

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

Assessment and Taxation: SB 300.

Elections and Local Government: SB 303.

Energy and Natural Resources: SB 296.

Federal and State Affairs: SB 304.

Financial Institutions & Insurance: SB 301, 307.

Judiciary: SB 297, 298, 299, 306; HB 2092, 2137.

Public Health and Welfare: SB 302.

Transportation and Tourism: SB 305.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Bond and Steffes, Barone, Becker, Biggs, Bleeker, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steineger, Stephens, Tyson,
Umbarger, Vidricksen and Vratil introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1816--

A RESOLUTION in memory of Frederic J. Carman.

WHEREAS, Frederic J. Carman, 77, of Topeka, died July 1, 1998, at his home; and

WHEREAS, Frederic J. Carman served as the Revisor of Statutes for the Kansas
Legislature from September 1, 1974, until July 18, 1979. He started in the Revisor's Office
on a part-time basis on January 1, 1961, and was appointed as the First Assistant Revisor
and as Secretary of the Interstate Cooperation Commission on July 16, 1965. From July 18,
1979, until August 1, 1983, he again served as the First Assistant Revisor of Statutes, and
subsequently remained on staff in a part-time capacity staffing committees during legislative
sessions through the 1998 legislative session. He is remembered for his conscientious
attention to details and his ability to cause interested persons to reach a consensus on an
issue and then to successfully draft such consensus into viable legislation; and

WHEREAS, Frederic J. Carman began a private law practice in Topeka in 1950 and
served as the Topeka City Attorney from 1955 through 1959; and

WHEREAS, Frederic J. Carman served in the Army Air Corps during World War II
flying 55 combat missions in B-17 bombers with the 301st Bomb Group in Northern Africa;
and

WHEREAS, Frederic J. Carman earned degrees in business administration from the
University of Kansas and in law from Washburn University; and

WHEREAS, Frederic J. Carman married Betty Roudebush on October 24, 1942. He is
survived by his wife and their four children: Richard Carman, Roger Carman, Randal
Carman and Carol Witten, plus 11 grandchildren and four great-grandchildren: Now,
therefore,

Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Frederic J. Carman; and

Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Mrs. Frederic J. Carman, at 3200 Tutbury Town Road,
Topeka, Kansas 66614.

On emergency motion of Senator Bond SR 1816 was adopted unanimously.

President Bond welcomed as guests of the Senate Mrs. Frederic Carman, Roger Carman
and Mrs. Randy Carman.

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

SENATE RESOLUTION No. 1817--

A RESOLUTION congratulating and commending Lindsey White.

WHEREAS, Lindsey White, 17, of Prairie Village has been named as a State Honoree
and Distinguished Finalist in the 1999 Prudential Spirit of Community Initiative Awards, a
nationwide program recognizing young people for outstanding community service; and

WHEREAS, Lindsey White will receive a Distinguished Finalist medallion from
Prudential at a local ceremony and in May will travel to Washington, D.C. with two other
Kansas State Honorees to attend the national awards ceremony. At the national ceremony
10 students will be named America's top 10 youth volunteers and will receive $5,000, a gold
medallion and a crystal trophy; and

WHEREAS, Lindsey White, who is a senior at Shawnee Mission East High School,
initiated a program at school that enlists student volunteers to provide tennis instruction,
academic tutoring and friendship to inner city youths: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Lindsey White upon being selected a State Honoree and wish her luck at the national
ceremony; and

Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Ms. Lindsey White, 6805 Cedar, Prairie Village, Kansas
66208.

On emergency motion of Senator Langworthy SR 1817 was adopted unanimously.

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

SENATE RESOLUTION No. 1818--

A RESOLUTION congratulating and commending Topeka High School debaters.

WHEREAS, Topeka High School seniors Adam Obley and Ned Sebelius won the 1998-
99 two-speaker Class 6A state championship in debate; and

WHEREAS, The debate competition, which is sponsored by the Kansas State High
School Activities Association, was held at Garden City on January 22 and 23. Sixty-seven
teams from across the state were entered in the competition; and

WHEREAS, Obley and Sebelius have been debate partners since their freshman year in
high school. At the state championships as sophomores they received an honorable mention,
and as juniors they won fourth place. The team had a 9-0 state match record in being
undefeated at the state tournament; and

WHEREAS, The Topeka High School debate team is coached by Pam McComas with
assistance from Laurell Sims and Tom Jones: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Topeka High School seniors Adam Obley and Ned Sebelius for winning the 1998-99 Kansas
State High School Activities Association two-speaker debate championship; further, that we
congratulate and commend their coaches for the expert guidance they have given to these
champion debaters; and

Be it further resolved: That the Secretary of the Senate be directed to provide eight
enrolled copies of this resolution to Dr. Patty Pressman, Principal, Topeka High School,
800 W. 10th, Topeka, Kansas 66612.

On emergency motion of Senator Petty SR 1818 was adopted unanimously.

Senator Petty introduced and congratulated seniors Adam Obley and Ned Sebelius, who
were accompanied by family members, Mr. and Mrs. Gary Sebelius, Mr. and Mrs. Dwight
Obley, Taylor Obley and Gene Obley. Also introduced were Debate and Forensic Coach
Pam McComas, assistant Laurell Sims and Principal of Topeka High School, Dr. Patty
Pressman.

REPORTS OF STANDING COMMITTEES
The Committee on Federal and State Affairs recommends SB 55 be amended by
substituting a new bill to be designated as ``Substitute for SENATE BILL NO. 55,'' as
follows:

``Substitute for SENATE BILL NO. 55 By Committee on Federal and State Affairs ``AN ACT concerning legislative compensation and benefits; amending K.S.A. 74-4995 and K.S.A. 1998 Supp. 46-137a and 74-4911f and repealing the existing sections.'';

and the substitute bill be passed.

On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February,
15, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.