February 19, 1999
Journal of the Senate
TWENTY-NINTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, February 19, 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 Lawrence and Praeger were excused.
President Bond introduced Rev. Arthur B. Carter, Jr., Pastor of St. Mark's African
Methodist Episcopal Church, Topeka, who delivered the invocation:
Dear God, Master and Creator of the Universe:
We give You thanks for allowing us the privilege of experiencing life on this day which
You have made. We thank you for health and strength, and we are grateful for the right
to assemble in this place for the purpose of working together in ways that will glorify
You, and promote peace, prosperity, and the well being of the citizens of Kansas.
During this month of February, we gratefully acknowledge the contributions made to
our society by persons of African descent, and we ask that your Spirit will guide us as
we acknowledge and utilize the contributions made by all people so that through these
contributions we may all be strengthened and made better.
We pray for our Governor and all of our elected and appointed officials; and we pray
for all persons who are involved in the political process of our city and state.
We pray that Your Spirit of Divine Love will lead and guide us in our endeavors.
In the name of the Holy One we pray. Amen.
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 4, by Senator Dave Kerr: a petition supporting the Landwehr Teacher/Parent
Education Tax Credit proposal where teachers would receive a dollar for dollar tax credit
for any personal money they spend on instructional materials, equipment or supplies up to
$500 per year, signed by Victoria Dreiling and 212 other residents of Reno County.
SP 5, by Senator Dave Kerr: a petition opposing Senate Bill 8, signed by Victoria Darling
and 202 other residents of Reno County.
SP 6, by Senator Barbara Lawrence: a petition opposing Senate Bill 8, signed by Vonda
Tangney and 55 others from Wichita.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Commerce: HB 2049.
Education: SB 328; HB 2046, 2060.
Energy and Natural Resources: HB 2105, 2145.
Judiciary: HB 2154, 2155.
Public Health and Welfare: SCR 1612; HB 2168.
Ways and Means: SB 327; HB 2034.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS EMERGENCY MEDICAL SERVICES
REGIONAL EMS COUNCILS
February 12, 1999
Pursuant to legislative funding for FY 98-99, the annual report of the Kansas EMS
Regional Councils was submitted by the directors, officers and members.
The Vice-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
Senators Hensley and Stephens introduced the following Senate resolution, which was
read:
SENATE RESOLUTION NO. 1819--
A RESOLUTION congratulating and commending Jerry Karr.
WHEREAS, Jerry Karr, Democrat, of Emporia, has retired after 18 years of service in
the Kansas Senate, including six years as Senate minority leader; and
WHEREAS, Jerry Karr has given exemplary service to the Emporia community and the
state of Kansas. His broad background in public and private college teaching fueled his
commitment for creation of a strong elementary and secondary education system in Kansas.
He has participated in international agricultural activities. He cites with pride his
involvement in the passage of the 1981 farm corporation bill, the 1986 economic
development bill, the 1992 school finance law and the bill making the Kansas Secretary of
Agriculture an appointive position; and
WHEREAS, Jerry Karr has been active in many organizations including the Emporia
Chamber of Commerce, the Kansas Pork Producers, the Emporia Kiwanis Club, the Kansas
Farmers Union, the Board of Directors for the Salvation Army in Emporia, the American
Agriculture Economics Association, Kansas State University Alumni Association, Lyon
County Farm Bureau, Lyon County Livestock Association, and the Southern Illinois
University Alumni Association; and
WHEREAS, Jerry Karr was an effective, pragmatic politician, leading his party and
working with Republican majorities to craft legislation to spur the economy and to help
working families. He leaves an envied reputation of an elected official who was always ready
to drop the affairs of his family farming business to attend to the concerns of his constituents;
and
WHEREAS, Jerry Karr and his wife, Sharon, have two children, a son, Kevin, and a
daughter, Kelly: Now, therefore
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Jerry Karr for his 18 years of service to his state and community; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senator Jerry Karr, 1155 N. Highway 99, Emporia, Kansas
66801.
On emergency motion of Senator Hensley SR 1819 was adopted unanimously.
Senators Hensley, Stephens and Bond presented Senator Jerry Karr with a framed copy
of the resolution honoring him for his many years of public service. Accompanying Senator
Karr were his wife, Sharon, his mother, Kathleen, daughter, Kelly and son-in-law, Chris
Getty.
Senators Brownlee and Becker introduced the following Senate resolution, which was
read:
SENATE RESOLUTION NO. 1820--
A RESOLUTION congratulating and commending the 1998 Olathe North Senior High
School football team.
WHEREAS, The 1998 Olathe North Senior High School football team are the 1998
Class 6A Kansas State High School Activities Association champions; and
WHEREAS, The Olathe North ``Eagles'' are the Class 6A champions for the third
consecutive year; and
WHEREAS, The Olathe North Eagles defeated Garden City at the Class 6A
championship game held at Manhattan on Saturday, November 21, 1998. Only the true
believer and most devoted of fans could have believed that the Eagles would repeat as
champions for the third consecutive year. Garden City was ahead at the end of the first half
31-14. On the second play of the second half, however, Beno Gore scored a 24-yard
touchdown to become the school's career rusher with a total of 3,336 yards rushing. Then,
picture this if you will--Garden City was ahead 37-34 with 1:19 minutes left in the game,
the Eagles had the ball on their own 32-yard line, and it was fourth down with 9 yards to
go for a first and 10. Did they kick? No! Did they pass? No! Head Coach Gene Wier called
for quarterback Jeremy Franker to drop back as if to pass and to hand off the ball to fullback
Brian Everette. Everette promptly rocketed through the right tackle and 68 yards down the
sideline to score the winning touchdown. From such action does the legend of ``The Play''
begin: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate the 1998 Olathe
North Senior High School football team for winning the Class 6A Kansas State High School
Activities Association football championship for the third consecutive time and likewise
congratulate the coaches, school administrators, student body and parents for this
achievement; and
Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Larry Chaney, Principal, Olathe North Senior High
School, 600 E. Prairie, Olathe, Kansas 66061.
On emergency motion of Senator Brownlee SR 1820 was adopted unanimously.
Senator Brownlee introduced and congratulated Athletic Director, Jim Ater, Principal
Larry Chaney and Head Coach Gene Wier.
Senators Gooch and Jones introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1821--
A RESOLUTION honoring Dr. Carter G. Woodson, the father of Black history month.
WHEREAS, Black history month is celebrated throughout February of each year but
few are aware of the pioneering efforts of Dr. Carter G. Woodson to establish this
observance; and
WHEREAS, Dr. Woodson was born in 1875 in Canton, Virginia, and because of his
poverty was required to work at an early age as a coal miner to support himself. Although
he did not graduate from high school until he was 22 years of age, he proceeded to attend
Berea College in Kentucky and the University of Chicago, and later earned a doctorate in
history from Harvard University in 1912, the second of his race to do so; and
WHEREAS, His love of history caused him to document Black history. He soon realized
that many contributions by Black Americans were not recorded. In 1915, he founded the
Association for the Study of Negro Life and History, and he and his colleagues published
much research on Black history which fostered understanding within, as well as outside, the
community of Black people in America. In February 1926, he organized the first celebration
of Negro History Week. It is said he chose February because it was the birth month of
Abraham Lincoln and Frederick Douglass; and
WHEREAS, In 1976, Negro history week was changed to Black history month so the
celebration could last longer and be divided into four segments: (1) Heritage, (2) honoring
the slaves and lynch victims, (3) distinguished Black Americans and (4) commemorating
rites of passage; and
WHEREAS, Before his death in 1950, at age 74, he had published 16 books contributing
much to both scholarly and popular understanding of Black history: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we honor the contributions Dr.
Carter G. Woodson made to Black history and his legacy of Black history month; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senators Gooch and Jones.
On emergency motion of Senator Jones SR 1821 was adopted unanimously.
Senator Vratil introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1822--
A RESOLUTION congratulating and commending Mandy Waters.
WHEREAS, Mandy Waters, a former student at Blue Valley High School, will be
inducted into the Blue Valley High School Hall of Fame on February 24; and
WHEREAS, Mandy Waters is the all-time soccer scoring leader at Blue Valley High
School and in the state of Kansas. She was selected as a forward on the National Soccer
Coaches Association UMBRO All-American Squad, the first from the state of Kansas and
was named All-American twice. She was also named by Parade Magazine to membership
on its All-American Girls Soccer Team as well as winning All-Metro, All-State and All-
Midwest region honors. She has also played on the Olympic Development Team for several
years; and
WHEREAS, Mandy Waters finds time for other activities as well as soccer--she
maintained a 3.8 grade average in high school and enjoyed coaching a third-grade soccer
team. She now attends the University of Missouri on a soccer scholarship: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Mandy Waters upon her selection to the Blue Valley High School Hall of Fame and for the
many honors she has received as a high school student and soccer player; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senator Vratil.
On emergency motion of Senator Vratil SR 1822 was adopted unanimously.
Senators Gooch, Donovan, Feleciano, Lawrence and Ranson introduced the following
Senate resolution, which was read:
SENATE RESOLUTION No. 1823--
A RESOLUTION in memory of Robert ``Forrest'' Smiarowski.
WHEREAS, Robert ``Forrest'' Smiarowski, a student at Wichita State University, was
killed February 11, 1999, in an unfortunate automobile accident; and
WHEREAS, Robert Smiarowski was majoring in marketing and was to graduate
December 1999. His family will receive his degree for him posthumously; and
WHEREAS, Robert Smiarowski was an enthusiastic Wichita State University (WSU) fan.
He had every piece of WSU clothing and promoted the university by working as a tour
guide for the university. He became a member of the WSU Spirit Squad in August 1998 as
WU Shock. For the fall semester he was the only WSU mascot and was very proud and
excited to be the first person to be seen in the new WU Shock costume; and
WHEREAS, Robert Smiarowski was a member of the Sigma Alpha Epsilon fraternity.
He served on the Scholarship Committee and helped raise money for Big Brothers and Big
Sisters, and as well assisted with Alpha Phi's Cardiac Arrest; and
WHEREAS, Robert Smiarowski had worked for the WSU Police Department since 1996
as a security desk worker and was in charge of training new staff. He was a conscientious
security officer who made it his job to know personally the students he met in the halls of
WSU buildings; and
WHEREAS, Robert Smiarowski was known by his friends as an unique person, someone
who loved to have a good time, to make people laugh, and someone who would do anything
for his friends. His death has been felt keenly by his fellow students, faculty and staff, and
administrators at Wichita State University: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our heartfelt
condolences to the family and friends of Robert ``Forrest'' Smiarowski; and
Be it further resolved: That the Secretary of the Senate be directed to provide six
enrolled copies of this resolution to Senator Gooch.
On emergency motion of Senator Gooch SR 1823 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Elections and Local Government recommends SB 245 be amended
on page 1, in line 32, by striking ``the general bond law'' and inserting ``K.S.A. 10-101 et
seq. and amendments thereto''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 19 be amended on page 1,
by striking all in line 22; in line 23, by striking ``of real property''; also in line 23, following
``for'' by inserting ``the purpose of establishing and maintaining''; and the bill be passed as
amended.
Committee on Judiciary recommends SB 92 be amended on page 6, in line 3, after
``including'' by inserting ``prerecorded''; also in line 3, by striking ``on videotape'' and
inserting ``by any technological means''; and the bill be passed as amended.
Also SB 97 be amended on page 1, in line 17, by striking ``an officer'' and inserting ``the
president or chief executive officer or the treasurer''; also in line 17, by striking ``or by an'';
in line 18, by striking all before the period and by inserting ``, except that such president or
chief executive officer or treasurer shall not represent the corporation if such president or
chief executive officer or treasurer is an attorney''; and the bill be passed as amended.
SB 207 be amended on page 1, in line 28, by striking ``Members of the'' and inserting
``The''; also in line 28, by striking ``director'' and inserting ``governor''; in line 30, after the
stricken material by inserting ``who are''; and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SB 41 reported correctly enrolled, properly signed and presented to the Governor on
February 19, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February
22, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.