And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Michael O'Neal
Tim Carmody
Janice L. Pauls
Senator Emert moved the Senate adopt the Conference Committee Report on HB 2440.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The Conference Committee report was adopted.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Salisbury introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1859--
A RESOLUTION in memory of L.M. ``Bud'' Cornish.
WHEREAS, L.M. ``Bud'' Cornish of Topeka, died April 12, 1999, at age 77; and
WHEREAS, L.M. ``Bud'' Cornish was born in Honolulu, Hawaii, and moved to Topeka
at the age of 8. He attended Topeka public schools and graduated from Washburn University
and Washburn Law School, although his education was interrupted with service in the U.S.
Army from 1942-1946. As an army officer he received the following decorations: North
African Service Medal, China-Burma-India Service Medal, American Theater Service
Medal, World War II Victory Medal, Four Battle Stars, Air Medal with Cluster,
Distinguished Flying Cross and Presidential Unit Citation with Cluster. Following
graduation from law school in 1948, he joined the law firm of Raines and Glenn, where he
became a partner in 1951, and the firm name was changed to Raines, Glenn and Cornish.
He remained with the firm throughout his legal career and through several name changes
to its present Glenn, Cornish, Hanson and Karns, Chartered. In addition to this legal career,
he was active in professional associations and civic organizations. He also taught business
law at Washburn University for over twenty years and served on the Washburn Board of
Regents for four years; and
WHEREAS, L.M. ``Bud'' Cornish for many years provided valuable guidance and
counsel to a number of groups, including the Kansas Association of Property and Casualty
Insurance Companies, the Kansas Life Insurance Association, the Kansas Insurance
Guaranty Association, the Kansas Health Care Provider Insurance Availability Plan, the
Kansas Underground Storage Tank Liability Plan, the Kansas Committee on Arson
Prevention, the National Association of Independent Insurers, the National Association of
Mutual Insurance Companies and many others. He was recognized for his knowledge and
experience in insurance regulatory and legislative matters. As legislative counsel on
insurance issues, he had a major role in helping draft the provisions of the Kansas
Automobile Injury Reparations Act in 1974, which was one of the first no-fault laws in the
nation. He then served as a Special Assistant Attorney General for the State in successfully
defending a constitutional challenge of that law. He was also known for his legal expertise
in matters involving financial institutions, investments, broadcasting, libraries, motor
carriers, petroleum marketing, retailing and administrative proceedings; and
WHEREAS, L.M. ``Bud'' Cornish was a recognized leader in his work and civic
involvement. He received a number of honors for his outstanding work, including,
Leadership Awards from the Insurance Information Institute and the Mountain Plains
Library Association; the National Service Award and the Chairman's Award from the
National Association of Mutual Insurance Companies; and in 1994, he was inducted into
the Kansas Insurance Education Foundation's Hall of Fame; and
WHEREAS, L.M. ``Bud'' Cornish is survived by his wife, Dorothy; their two sons, Craig
and Kent; and five grandchildren: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of L.M. ``Bud'' Cornish; and
Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Mrs. L.M. Cornish, c/o Glenn, Cornish, Hanson &
Karns, Chartered, 900 Mercantile Bank Tower, 800 SW Jackson, Topeka, Kansas, 66612.
On emergency motion of Senator Salisbury SR 1859 was adopted unanimously.
Senator Salisbury introduced Mrs. Cornish, accompanied by her son, Kent, and extended
the Senate's deepest sympathy to the family. Also introduced was a law partner, David
Hanson.
Senator Huelskamp introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1860--
A RESOLUTION honoring Father John Lavrih and his service to mankind.
WHEREAS, Father John Lavrih has retired as pastor of St. Anthony's parish in Fowler
and lives at the Priest Retirement Center in Wichita; and
WHEREAS, Father Lavrih was born in St. Vid pri Sticini, Slovenia, on August 2, 1915.
He completed gymnasium in his home town before supporting himself through college by
tutoring students in Greek, Latin, German and French. After seminary he was ordained a
priest at Ljubljana, Slovenia, on July 2, 1939; and
WHEREAS, During the ensuing years of World War II he was tried and acquitted by
the Italians for leading an underground youth group called the Homeguards. He later was
involved in publishing a newspaper, Slvenksi Dom Fugosl, supporting freedom fighters. He
then was arrested and imprisoned by the Germans, and later he was arrested and imprisoned
by the Communists. He escaped from a Communist work detail and spent 48 hours climbing
the Alps toward Austria. In the process he was again captured by the Germans but escaped
again in the confusion at the war's end. In Austria he was not safe as the occupying British
forces were returning Slovak escapees to Yugoslavia. He was able to be admitted into
Switzerland and in 1949 came to Kansas through the sponsorship of Bishop Carroll of
Wichita; and
WHEREAS, Although Father Lavrih was fluent in several languages, before he could
commence his priestly duties in Kansas he had to learn English--which he practiced by
speaking to the headstones in the parish cemetery. Subsequently, Father Lavrih served his
faith by being a parish priest at St. Mark, Ellinwood, Pratt, Jetmore, Hanston, Liberal,
Kinsley and Fowler; and
WHEREAS, Father Lavrih hopes to finish his memoirs relying on notes in a large spiral
notebook written in Slovak telling of the war years: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we honor this servant of God
who has actively resisted the forces of fascism, communism and atheism; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Father John Lavrih, Priest Retirement Center, 6900 E.
45 Street N, Wichita, KS 67226 and to Bishop Ronald Gilmore, Diocese of Dodge City,
P.O. Box 137, Dodge City, KS 67801-0137.
On emergency motion of Senator Huelskamp SR 1860 was adopted unanimously.
Senator Lee introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1861--
A RESOLUTION congratulating and commending the Belleville High School boys
basketball team and Coach Alan Sheets for winning the 1999 Class 3A State Basketball
Championship.
WHEREAS, The Belleville High School boys basketball team won the 1999 Kansas State
High School Activities Association Class 3A State Basketball Championship at the
Hutchinson Sports Arena on March 13, 1999; and
WHEREAS, Belleville won the state championship with a thrilling 41-39 victory over
Hillsboro High School in the state championship game. Hillsboro was the defending
champion and, being undefeated so far this season, was the number one ranked team going
into the championship game. Belleville, however, was set to avenge their loss to Hillsboro
in the 1995 championship game. With most of the residents of Republic County in
attendance and in an arena overcome with frenzied cheerleaders, clapping supporters,
tooted-out pep bands and hoarse fans, the game progressed to a 39-39 tie with 10 seconds
remaining. With 4.4 seconds remaining Belleville took their final time out. When the ball
was put in play, Tony Hoops dribbled in the back court, then down the right side and shot
with less than a second to go--whereupon the Belleville crowd exploded onto the floor, and
Class 3A had a new champion; and
WHEREAS, The Belleville High School ``Buffs'' basketball team finished the season with
a 23-3 record; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Belleville High School boys
basketball team and Coach Sheets be congratulated and commended for winning the 1999
Kansas State High School Activities Association Class 3A State Basketball Championship;
and
Be it further resolved: That the Secretary of the Senate be directed to send 17 enrolled
copies of this resolution to Edward Fuhrman, Principal, Belleville High School, P.O. Box
469, Belleville, Kansas 66935-0469.
On emergency motion of Senator Lee SR 1861 was adopted unanimously.
Senator Oleen introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1862--
A RESOLUTION congratulating and commending Veryl Switzer.
WHEREAS, Veryl Switzer, 66, a native of Nicodemus, graduate of Bogue High School,
legendary All-American athlete at Kansas State University during the 1950's, and former
National Football League record holder, is retiring after 30 years on the staff at Kansas
State University; and
WHEREAS, Mr. Switzer's athletic career started at Bogue High School where he played
six-man football (scoring at will) and was an all-state long jump and pole vault champion.
He enrolled at Kansas State University in 1950 to become only the university's third black
student-athlete and, during the 1952 football season, the only black football player in the
conference. As a player who played both on offense and defense, he was named to the All
Big Seven first team for 1951, 1952 and 1953; he was named as an All-American, second
team, in 1951 and 1952 and an All-American, first team, in 1953. Additionally, he lettered
in track three years and was the conference long jump champion in 1952. After graduation
from Kansas State he was the first halfback and fourth player selected by the 1954 National
Football League. He was later inducted into the K-State Hall of Fame and the Kansas All
Sports Hall of Fame. He played five years of professional football with the Green Bay
Packers, Calgary Stampeders and Montreal Alouettes. He also spent two and a half years
as a lieutenant in the United States Air Force before spending 10 years in the Chicago public
school system as a classroom teacher and human relations coordinator; and
WHEREAS, Veryl Switzer returned to Kansas State University in 1969 and spent the
next 30 years in various positions: Administrative Assistant to the Athletic Director and
Coordinator of Minority and Cultural Programs, Director for Minority Affairs, Co-Director
for Affirmative Action and Associate Dean for Minority Affairs, Associate Dean for Minority
Affairs, Assistant Vice-President for Student Affairs, Assistant Vice-President for Special
Services, and Associate Director of Athletics/Assistant Vice President for Institutional
Advancement. He also served at Kansas State University as Chair, KSU Advisory Committee
on Minority Affairs; Member, KSU Faculty Senate; Member, KSU Coordinating Committee
for Handicapped Services; and Member, KSU General Scholarship Committee. He
performed valuable public service as Chairperson, Kansas State University's Intercollegiate
Athletic Council; President, USD #383 Board of Education, Manhattan, Kansas; and
Member and President of the Kansas Children's Service League; and
WHEREAS, Veryl Switzer may not be fully retiring--he plans to help with the first-tee
program at K-State's Colbert Hills golf course teaching golf and life to disadvantaged kids:
Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Veryl Switzer for his great career as an athlete and educator and for the positive influence
he has had on numberless student athletes and minority students at Kansas State University;
and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Veryl Switzer, 1412 Wreath Avenue, Manhattan, Kansas
66502 and to Kent Brown, Sports Information Director, Kansas State University, Bramlage
Coliseum, 1800 College Avenue, Manhattan, Kansas 66502.
On emergency motion of Senator Oleen SR 1862 was adopted unanimously.
Senators Kerr and Praeger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1863--
By Senators Kerr and Praeger
A RESOLUTION congratulating and commending the Kansas University men's golf team.
WHEREAS, The University of Kansas men's golf team won the Big 12 Championship
at Prairie Dunes Country Club, Hutchinson, on Tuesday, April 27, 1999; and
WHEREAS, The Jayhawks, seeded fifth in the tournament, compiled a score of 857 to
lead the 12-team field after three 18-hole rounds. Kansas, ranked 31, upset No. 5 Oklahoma
State, No. 7 Texas, No. 13 Nebraska and No. 21 Oklahoma at the third annual Big 12 Men's
Golf Championship; and
WHEREAS, Senior Chris Thompson finished in second place with a 210. Juniors Brad
Davis and Ryan Vermeer both tied for ninth place with scores of 217 and Sophomore Conrad
Roberts carded a 221 to tie for 20th place, and Jake Istnick played consistent golf to round
out the team; and
WHEREAS, This is the fourth conference crown for the Jayhawks, the first since 1950,
and is the first time Oklahoma State or Oklahoma has not won the conference championship
since 1984; and
WHEREAS, This is Coach Ross Randall's 20th season at KU where he has led the team
to previous second place finishes 4 times: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Kansas University men's golf team for winning the 1999 Big 12 Championship; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Doug Vance, Assistant A.D./Media Relations, University
of Kansas, 104 Allen Fieldhouse, Lawrence, Kansas 66045-8881.
On emergency motion of Senator Praeger SR 1863 was adopted unanimously.
Senator Kerr commended the players for their excellent play on the very difficult Prairie
Dunes Country Club Course.
Team members and their coach were introduced by Senator Praeger.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: HB
2115, 2568.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 23 constitutional majority,
and HB 2115; S Sub for HB 2558; HB 2568 were advanced to Final Action, subject to
amendment, debate and roll call.
HB 2115, An act concerning the Kansas session laws; amending K.S.A. 45-107 and 45-
313 and repealing the existing sections was considered on final action.
The bill was amended by adoption of the committee amendments.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
S Sub for HB 2558, An act concerning the disposition of certain moneys for the benefit
of children; disposition of tobacco litigation settlement proceeds; creating the Kansas
endowment for youth fund, the children's initiatives fund and the children's initiatives
accountability fund; establishing the Kansas children's cabinet; prescribing certain powers,
duties and functions; providing for the investment and management of such funds;
abolishing the children's health care programs fund; amending K.S.A. 75-7021 and K.S.A.
1998 Supp. 20-367, 38-1808 and 38-1901 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 38-2008, was considered on final action.
The bill was amended by adoption of the committee report recommending a substitute
bill.
The substitute bill was further amended by motion of Senator Brownlee on page 3, line
20, by striking ``1999'', and inserting in lieu thereof ``2000''.
Senator Harrington moved to amend the substitute bill on page 1, of the typed version
of the bill, in line 19, by striking ``All'' and inserting ``Subject to the provisions of section 10
and amendments thereto providing for the crediting of amounts to the technology trust
fund, all'';
On page 22, of the typed version of the bill, following line 21, by inserting the following
material to read as follows:
``New Sec. 10. (a) There is hereby established in the state treasury the technology trust
fund which shall be administered by the department of education.
(b) The amount equal to 10% of each amount of moneys received by the state pursuant
to the tobacco litigation settlement agreements entered into by the attorney general on
behalf of the state of Kansas, or pursuant to any judgment rendered, regarding the litigation
against tobacco industry companies and related entities, shall be deposited in the state
treasury and credited to the technology trust fund. All expenditures from the technology
trust fund shall be made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the chairperson of the
state board of education or by the designee of the state board of education.
(c) All expenditures from the technology trust fund shall be for grants to unified school
districts pursuant to grant applications for the purchase of technology equipment for
instructional purposes, in accordance with guidelines established by the state board of
education.'';
And by renumbering sections accordingly.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 13, nays 26, present and passing 0; absent or not voting
1.
Yeas: Bleeker, Brownlee, Clark, Gilstrap, Harrington, Huelskamp, Jordan, Oleen, Pugh,
Ranson, Salmans, Tyson, Umbarger.
Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gooch, Goodwin, Hensley, Jones, Kerr, Langworthy, Lawrence, Lee, Morris, Petty, Praeger,
Salisbury, Steffes, Steineger, Stephens, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The motion failed and the amendment was rejected.
No objection being made, and on motion of Senator Emert, S Sub for HB 2558 was
passed over and returned to its place on General Orders.
HB 2568, An act concerning tobacco; relating to the master settlement agreement;
concerning payment of moneys into escrow; concerning enforcement was considered on
final action.
On roll call, the vote was: Yeas 31, nays 8, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Steffes, Steineger, Stephens, Umbarger,
Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Clark, Harrington, Huelskamp, Pugh, Salmans, Tyson.
Absent or not voting: Hardenburger.
The bill passed.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2575.
Passage of SB 6, as amended by House Substitute for SB 6.
The House adopts the conference committee report on HB 2071.
The House announces the appointment of Representative Ruff to replace Representative
Sharp as a conferee on SB 324.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2575 was thereupon introduced and read by title.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Committee of the Whole: HB 2575.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H SUB
for SB 6; SB 15.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Oleen the Senate nonconcurred in the House amendments to H
Sub for SB 6 and requested a conference committee be appointed.
The President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.
On motion of Senator Oleen the Senate nonconcurred in the House amendments to SB
15 and requested a conference committee be appointed.
The President appointed Senators Oleen, Harrington and Jones as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Saturday, May 1,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.