February 18, 1999

Journal of the Senate

TWENTY-EIGHTH DAY
______
Senate Chamber, Topeka, Kansas
Thursday, February 18, 1999--2:30 p.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-nine senators present.

 Senator Lawrence was excused.

 Invocation by Chaplain Fred S. Hollomon:

   Heavenly Father,

   In Your Word we read, ``There is neither Jew nor Greek, slave nor free, male nor female,
for you are all one in Christ Jesus.'' (Galatians 3:26)

   White people will usually tell you,

 ``Racism is hard to be found.''

 But black people are quick to respond,

 ``There's plenty of it still around.''

   Laws have leveled the field somewhat,

 And laws play a major part;

 But racism will never be totally erased

 Until erased from the human heart.

   What do African Americans want?

 What do they really expect?

 On a personal basis what they want

 Is what everyone wants: respect.

   It's one thing to hear white people say,

 ``We believe all racists are sinners.''

 What would mean a lot more is to hear them say,

 ``We're inviting you home for dinner.''

   African Americans have heard many times,

 ``Some of my best friends are black.''

 But they'd rather that whites wouldn't judge them all

 By those who get off track.

   It's one thing for a white man in church

 to call all black men his brothers.

 But in the store next day he's waited on last, While the clerk attends to the others.

   There's another verse in Your Book.  .  .  .  .  .

   ``Man looks on the outward appearance,

 While God looks on the heart.''

 When God looks on people this way,

 He can't tell the races apart!

   And for that I thank You in the Name of Christ,

   AMEN

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

   SB 327, An act repealing K.S.A. 75-6801; concerning state officers and employees;
relating to reductions in positions for state agencies based on retirements, by Committee
on Ways and Means.

 SB 328, An act concerning school districts; authorizing adoption of career teacher salary
plans; amending K.S.A. 72-5410, 72-5413, 72-5436 and 72-9002 and K.S.A. 1998 Supp. 72-
6407 and 72-6409 and repealing the existing sections, by Committee on Ways and Means.

      SENATE CONCURRENT RESOLUTION NO. 1612--

    By Senator Praeger


A  CONCURRENT  RESOLUTION urging the Secretary of the Kansas Department of
Health and Environment to review the effect of obesity in both adults and children on costly
health complications such as diabetes, hypertension, heart disease and stroke, and health
complications in children, and to report on current programs of the state designed to
improve awareness of the problem of obesity and its treatment and to make
recommendations to the Legislature for additions and improvements to the state programs
prior to the convening of the 2000 session of the Legislature.

      WHEREAS,  The Kansas Department of Health and Environment maintains several
multi-agency programs to improve the health of Kansans, young and old; and

      WHEREAS,  The Kansas Department of Health and Environment's Healthy Kansans
2000 1996 report recognized obesity among the known risk factors contributing to serious
health consequences; and

      WHEREAS,  A casual relationship exists between obesity and a number of serious
disorders, including hypertension, dyclipedemia, cardiovascular disease, diabetes (Type II),
gallbladder disease, respiratory dysfunction, gout, and osteoarthritis; and

      WHEREAS,  Nearly seventy percent of diagnosed cases of cardiovascular diseases are
related to obesity, and obesity more than doubles a person's chances of developing high
blood pressure, and almost half of breast cancer cases are diagnosed among obese women,
and forty-two percent of colon cancer cases are among obese individuals; and

      WHEREAS,  Obesity ranks second only to smoking as a preventable cause of death and
results in some three hundred thousand deaths annually; and

      WHEREAS,  It is estimated that thirty-five percent of the adult population is obese and
the prevalence of obesity grew a staggering thirty-four percent during the past ten years;
and

      WHEREAS,  There is also great concern regarding what effect obesity in children may
have on overall health in children, health care costs for children, and treatment to address
the problem of obesity in children; and

      WHEREAS,  Insurance industry studies indicate that the total direct costs of obesity-
related diseases in the United States is as much as $45.8 billion; and

      WHEREAS,  There is a significant potential for a reduction in health care expenditures
through obesity prevention efforts; and

      WHEREAS,  There is an urgent need for state health care agencies and medical
professionals to place obesity at the top of Kansas' health care agenda; and

      WHEREAS,  The National Institute of Health, the American Society for Bariatric
Surgery, and the American Obesity Association recommend that patients who are morbidly
obese receive responsible, affordable medical treatment for their obesity; and

      WHEREAS,  The recent breakthroughs in drug therapy can treat obesity successfully;
and

      WHEREAS,  A review by the Secretary of Health and Environment is critical to raise
the awareness of the public and private sectors that obesity is a disease of epidemic
proportions, that is treatable and that proper treatment will reduce health care costs and
improve the quality of life for a large number of our citizens: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives
concurring therein: That we urge the Secretary of the Department of Health and
Environment to review the effect of obesity in both adults and children on costly health
complications such as diabetes, hypertension, heart disease and stroke, and health
complications in children, and to report on current programs of the state designed to
improve awareness of the problem of obesity and its treatment and to make
recommendations to the Legislature for additions and improvements to the state programs
prior to the convening of the 2000 session of the Legislature; and

      Be it further resolved: That the Secretary of State be directed to send a copy of this
resolution to the Secretary of the Kansas Department of Health and Environment.

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

   Elections and Local Government: HB 2073.

 Judiciary: HB 2156, 2222.

 Public Health and Welfare: HB 2033, 2117, 2215.

 Transportation and Tourism: HCR 5004.

 Ways and Means: SB 323, 324, 325, 326.

CHANGE OF REFERENCE
 The Vice-President withdrew SB 299 from the Committee on Judiciary, and referred the
bill to the Committee on Federal and State Affairs.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2034, 2046, 2049, 2060, 2105, 2145, 2154, 2155, 2168.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2034, 2046, 2049, 2060, 2105, 2145, 2154, 2155, 2168 were thereupon introduced
and read by title.

REPORT OF STANDING COMMITTEES
 Committee on Education recommends SB 200, 201 be passed and, because the
committee is of the opinion that the bills are of a noncontroversial nature, be placed on the
consent calendar.

 Committee on Elections and Local Government recommends SB 7 be amended on
page 1, by striking all of lines 29 through 43;

      On page 2, by striking all of lines 1 and 2; in line 3, by striking ``(c)'' and inserting ``(b)'';
also in line 3, by striking ``or petition authorized to be''; also in line 3, by striking all after
``adopted''; in line 4, by striking ``by subsection (a) or (b)'' and inserting ``pursuant to
subsection (a)''; in line 9, by striking ``or petition''; in line 13, by striking ``(d)'' and inserting
``(c)''; in line 14, by striking ``or (b)''; in line 16, by striking ``or petition''; in line 17, by striking
``or petition'';

      On page 7, in line 38, by striking ``Provided, That if any one of said''; and the bill be
passed as amended.

 Committee on Energy and Natural Resources recommends SB 132 be amended on
page 2, in line 10, by striking all after ``(2)''; in line 11, by striking ``(3)''; in line 13, by striking
``(4)'' and inserting ``(3)''; in line 16, by striking ``(5)'' and inserting ``(4)'';

      On page 7, by striking all of lines 14 through 34;

      By renumbering the remaining sections accordingly;

      Also on page 7, in line 39, by striking all after ``levied''; in line 40, by striking all before
``on'';

      On page 8, in line 1, by striking all after ``levied''; in line 2, by striking all before ``on'';
and the bill be passed as amended.

 Committee on Financial Institutions and Insurance recommends SB 79 be amended
on page 2, in line 15, by striking all after ``insurance''; by striking all in line 16; in line 17,
by striking all before ``provided'';

      On page 3, after line 32, by inserting the following:

      ``(c) On an annual basis, or within 30 days of any change thereto, each pool shall supply
to the commissioner the name and qualifications of the designated administrator of the
pools and the terms of the specific and aggregate excess insurance contracts of the pool.'';

      On page 4, in line 41, by striking ``Unless authorized''; in line 42, by striking all before
``securities'' and inserting: ``Such investments shall be limited to investments permitted by
K.S.A. 12-1677b and 75-4209 and amendments thereto, except that a pool which has been
in existence for at least five years shall be permitted to invest in any of the'';

      On page 5, in line 1, by striking all after ``Annotated''; in line 2, by striking all before the
period; in line 24, by striking all after the period; by striking all in line 25; in line 26, by
striking all before ``The''; and the bill be passed as amended.

 Also SB 241 be amended on page 5, in line 32, before the period, by inserting ``, including
internet solicitations'';

      On page 6, in line 34, by striking ``or''; in line 37, by striking ``or'' and inserting ``and'';
and the bill be passed as amended.

 Committee on Judiciary recommends SB 91, 96, 125, 143, 168, 181, 220, be passed.

 Committee on Ways and Means recommends SB 170 be amended on page 5, in line
22, by striking ``Caito'' and inserting in lieu thereof ``Gaito''; by striking all in lines 23 through
29;

 On page 6, by striking all in lines 12 through 17; in line 24, by striking ``Lan-``; in line 25,
by striking ``sing'' and inserting in lieu thereof ``Hutchinson''; in line 28, by striking ``Lansing''
and inserting in lieu thereof ``Hutchinson'';

and the bill be passed as amended.

 On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 19,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.