March 4, 1999

Journal of the Senate

THIRTY-SEVENTH DAY
______
Senate Chamber, Topeka, Kansas
Thursday, March 4, 1999--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 President Bond introduced as guest chaplain, Gary Benjamin, Pastor, First Christian
Church, Garnett, Kansas, who delivered the invocation:

     
  Heavenly Father, we come into your presence to thank You
     
for Your abundant gifts and blessings.
     
    We also come to seek Your guidance and direction
     
for the decisions that are made by these who have chosen
     
to serve our State as Senators.
     
    In Your Holy Word You have instructed
     
``that requests, prayers, intercession and thanksgiving
     
be made for everyone - for kings and all those in authority,
     
that we may live in peaceful and quiet lives
     
in all godliness and holiness.''
     
(1 Timothy 2:1-2)
     
    So today, Father, I pray that you will grant these Senators the courage to do what is
     
right and the wisdom to sort out the wheat from the chaff. May they be mindful of
     
the needs of all Kansans as they serve in dignity and honor.
     
    Thank you, Father, for our freedoms and for these gathered here
     
for their dedication and commitment to the State of Kansas.
     
    In Your Holy name we pray,
     
Amen.


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

      SENATE CONCURRENT RESOLUTION No. 1613--

    By Committee on Federal and State Affairs


A  PROPOSITION to amend section 3 of article 6 of the constitution of the state of
     
Kansas, relating to the state board of regents.
     

      Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the Senate and two-thirds of the members elected (or
      appointed) and qualified to the House of Representatives concurring therein:

     

      Section  1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
3 of article 6 of the constitution of the state of Kansas is hereby amended to read as follows:

  ``§  3. Members of state board of education and state board of regents. (a) There
      shall be ten members of the state board of education with overlapping terms as the
      legislature may prescribe. The legislature shall make provision for ten member districts,
      each comprised of four contiguous senatorial districts. The electors of each member
      district shall elect one person residing in the district as a member of the board. The
      legislature shall prescribe the manner in which vacancies occurring on the board shall
      be filled.

            (b) There shall be the number of members of the state board of regents shall have nine
members with overlapping terms as the legislature may prescribe. Members shall be
appointed by the governor, subject to confirmation by the senate. At least one member shall
be appointed from each congressional district with the remaining members appointed at
large,; however, no two members shall reside in the same county at the time of their
appointment. Vacancies occurring on the board shall be filled by appointment by the
governor as provided by law.

      (c) Subsequent redistricting shall not disqualify any member of either board from
service for the remainder of his the member's term. Any member of either board may be
removed from office for cause as may be provided by law.''

      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

  ``Explanatory statement. The constitution provides that the state board of regents shall be
      composed of nine members. The purpose of this amendment is to allow the legislature
      to prescribe the numerical composition of the board of regents.

      ``A vote for this amendment would remove the provision in the constitution that requires
      the state board of regents to be composed of nine members and would allow the
      legislature to provide for the number of members composing the board of regents.

      ``A vote against this amendment favors retaining a nine-member board of regents.''

            Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives shall be entered on the journals, together with
the yeas and nays. The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted to the electors
of the state at the general election in the year 2000 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall be submitted
to the electors of the state at the special election.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was referred to Committee as indicated:

   Ways and Means: HB 2230.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2099, 2337.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2099, 2337 were thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Harrington introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1829--

    A  RESOLUTION congratulating and commending the
1999 Goddard High School wrestling team.


      WHEREAS,  The Goddard High School wrestlers are the 1999 Class 5A state wrestling
champions. At the state wrestling meet held in Wichita February 26 and 27, Goddard scored
153 points with Great Bend scoring 130 and Arkansas City scoring 120 points. Goddard's
victory ends 11 years of dominance by Arkansas City as state champion; and

      WHEREAS,  Earlier, the pressure was on Senior Mike Harrington to qualify at the Class
5A regional wrestling tournament at 215 pounds. His 13-6 win enabled the team to send a
wrestler to the state championships in all 14 weight divisions. The Goddard team and state
results are as follows:

Ray Bordwell103 lbs.3rd in state
Curtis Bordwell112 lbs.4th in state
Jake Earle119 lbs.1st in state
Jarod Woodward125 lbs.
Andy Brine130 lbs.
Dustin Brown135 lbs.
Chris Laird140 lbs.
Justin Moody145 lbs.6th in state
Jason Martinez152 lbs.5th in state
Jared Lien160 lbs.1st in state
Bill Brine171 lbs.1st in state
Cody Beard189 lbs.
Mike Harrington215 lbs.
Matt Lang275 lbs.4th in state
    Jared Lien and Bill Brine were repeat champions from 1998, and Bill Brine had an
undefeated 1999 season; and

      WHEREAS,  The Goddard High School wrestling team is coached by Head Coach Randy
Lemon, and Assistant Coaches Greg Clamons and Brock Kelley. Team managers are Mary
Brewster, Aja Iniguez and Jake Schuler: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Goddard High School wrestling team, the coaches, faculty, student body, parents and
members of this proud community for the team's winning the 1999 Class 5A wrestling
championship; and

      Be it further resolved: That the Secretary of the Senate be directed to provide 20
enrolled copies of this resolution to Senator Harrington.

 On emergency motion of Senator Harrington SR 1829 was adopted unanimously.

 Senator Harrington and Senators welcomed Head Coach Randy Lemon, Assistant Coach
Greg Clamons and team members.

REPORTS OF STANDING COMMITTEES
      Committee on Education recommends HB 2046, as amended by House Committee,
be amended on page 2, in line 21, by striking ``2001'' and inserting ``2002''; in line 35, by
striking ``2001'' and inserting ``2002'';

      On page 3, in line 4, by striking ``2001'' and inserting ``2002''; and the bill be passed as
amended.

 Committee on Elections and Local Government recommends HB 2073, as amended
by House Committee, be passed.

 Committee on Financial Institutions and Insurance recommends HB 2109 be passed.

 Also HB 2088, 2296 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 Public Health and Welfare recommends HB 2086 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.

 Also HCR 5015 be adopted.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 5, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.