March 2, 1999
Journal of the Senate
THIRTY-FIFTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Tuesday, March 2, 1999--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with thirty-eight senators present.
Senators Clark and Gilstrap were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Charles Dickens began THE TALE OF TWO CITIES with words that may be
the most quoted in recent history: ``It was the best of times. It was the worst of
times.''
It occurred to me, O God, that some of my best times are my worst times.
One of my bests times is when I say a soft, but firm, ``No'' to my teenage child.
But it is one of my worst times because of the hurt look and angry words that sting
my eyes and ears.
One of my best times is when I take a stand I am convinced is right. But it is one
of my worst times because of the disappointment on the faces of my colleagues who
had assumed I would support them.
One of my best times is when I drive long miles to attend my child's special event.
But it is one my worst times because I have missed a critical vote that I have trouble
explaining to constituents.
Perhaps that is what I should expect, O God. That I will always pay a high price
for my right decisions. So help me continue to have my best times and give me the
strength to endure, and the wisdom to deal with, the resulting worst times.
I ask this in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 345, An act enacting the Kansas higher education coordination act; abolishing and
reestablishing the state board of regents; prescribing powers, duties and functions, by
Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Commerce: HB 2050, 2161.
Education: SB 344; HCR 5010.
Financial Institutions & Insurance: HB 2266, 2280.
Judiciary: SB 343; HB 2471.
Public Health and Welfare: HB 2213, 2214, 2254, 2362.
CHANGE OF REFERENCE
The Vice-President withdrew SB 134 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Transportation and Tourism.
The Vice-President withdrew Sub HB 2076 from the Committee on Utilities, and
referred the bill to the Committee on Commerce.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS STATE HISTORICAL SOCIETY
February 18, 1999
Patricia Michaelis, State Archivist; Secretary, State Records Board, submitted a copy of
the State Records Board Annual Report for fiscal year 1998.
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.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2227, 2259, 2289, 2310, 2339, 2357, 2380, 2429, 2479,
2492.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2227, 2259, 2289, 2310, 2339, 2357, 2380, 2429, 2479, 2492 were thereupon
introduced and read by title.
REPORT ON ENGROSSED BILLS
SB 48, 129 reported correctly engrossed February 26, 1999.
SB 121, 206, 216, 248, 273, 288, 296; SCR 1611 reported correctly engrossed
February 27, 1999.
SB 150, 203, 230, 283 reported correctly engrossed March 2, 1999.
REPORT ON ENROLLED BILLS
SR 1827, 1828 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on March 2, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Langworthy in the chair.
On motion of Senator Langworthy the following report was adopted:
Recommended that SB 156, 316 be passed.
Also SB 4, 6, 319 be amended by adoption of the committee amendments, and the bills
be passed as amended.
SB 119, be amended by adoption of the committee amendments and the bill be passed
as amended.
Having voted on the prevailing side, Senator Emert moved the Senate reconsider its
action on SB 119. The motion carried and the bill was further amended by motion of Senator
Oleen on page 1 in line 32, by striking (b), and the Committee recommended SB 119 be
passed as further amended.
SB 131, be amended by adoption of the committee amendments and further amended
by motion of Senator Emert on page 3, in line 19, by striking ``and the offender is more'';
in line 20, by striking all before ``and'';
On page 9, in line 15, by striking all after the period; by striking all in lines 16 through
19; in line 20, by striking ``either'' and inserting ``this''; in line 21, after the period, by inserting
``When a new felony is committed while the offender is on release for a felony pursuant to
the provisions of article 28 of chapter 22 of the Kansas Statutes Annotated, a new sentence
may be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608
and amendments thereto, and the court may sentence the offender to imprisonment for the
new conviction, even when the new crime of conviction otherwise presumes a nonprison
sentence. In this event, imposition of a prison sentence for the new crime does not constitute
a departure.'';
On page 11, in line 17, after ``attorney'' by inserting ``for the state''; also in line 17, after
``counsel'' by inserting ``for the defendant'';
On page 12, in line 6, by striking ``parties'' and inserting ``attorney for the state and the
counsel for the defendant'';
On page 25, in line 42, by striking ``and the''; in line 43, by striking all before the colon;,
and the bill be passed as further amended.
SB 194 be passed over and retain a place on the calendar.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March
3, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.