January 31, 2000

Journal of the Senate

FIFTEENTH DAY
______
Senate Chamber, Topeka, Kansas
Monday, January 31, 2000--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-eight senators present.

 Senators Emert and Morris were excused.

 President Bond introduced as guest chaplain, Pastor Cecil T. Washington Jr., New
Beginning Baptist Church, Topeka, Kansas, who delivered the invocation:

         Heavenly Father,

       As wise as we may think we are, and as tempting as it may be, Your Word says in
      Proverbs 3:5-7 that we're not to lean or depend on our own limited understanding.

         In James 1:5, You said that we could pray to You for wisdom, and that You would
      grant it in generous supply. As we face the decisions that confront us, we come now
      praying for guidance. Help us to see things from Your perspective.

         Lord, let Your influence override the influence of all others today. Let the
      decisions that we make reflect Your Lordship  .  .  .  not the lordship or prevailing
      influence of some other.

         As we acknowledge You  .  .  .  as we reverence You, direct our paths  .  .  .  guide
      our steps  .  .  .  order our day  .  .  .  lead the way.

         And when we look back over these Spirit led decisions: when we stand in the midst
      of the blessed results: help us to declare like David the Psalmist, that because of
      Your influence, goodness and mercy have followed. (Psalm 23:6)

         I come to You In the Name of Jesus, the Christ. Amen and Amen.

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

   SB 515, An act concerning elections; amending K.S.A. 25-216 and 25-1802 and K.S.A.
1999 Supp. 25-2309 and repealing the existing sections, by Committee on Elections and
Local Government.

 SB 516, An act concerning townships; relating to vacancies in township offices; amending
K.S.A. 80-201 and repealing the existing section, by Committee on Elections and Local
Government.

 SB 517, An act concerning legislative journals; amending K.S.A. 45-116 and repealing
the existing section, by Committee on Elections and Local Government.

 SB 518, An act concerning wildlife; relating to deer permits; concerning qualifications of
commercial guides; amending K.S.A. 32-964 and K.S.A. 1999 Supp. 32-937 and repealing
the existing sections, by Committee on Energy and Natural Resources.

 SB 519, An act concerning school districts; relating to suspension and expulsion of pupils
from school; amending K.S.A. 1999 Supp. 72-8902 and 72-8904 and repealing the existing
sections, by Senator Brownlee.

 SB 520, An act concerning cities and counties; prohibiting the enactment of certain local
labor laws, by Committee on Commerce.

 SB 521, An act relating to the Kansas enterprise zone act; concerning eligibility to
participate thereunder; amending K.S.A. 1999 Supp. 74-50,115 and repealing the existing
section, by Committee on Commerce.

 SB 522, An act enacting the pedestrian safety act, by Committee on Transportation and
Tourism.

 SB 523, An act concerning insurance coverage of maintenance drugs; requiring insurance
companies to cover reimbursement of maintenance drugs up to and including a 90 day
supply.

 SB 524, An act concerning cities; relating to depositories for public funds; amending
K.S.A. 1999 Supp. 9-1401, 9-1408, 12-1675 and 12-1675a and repealing the existing sections,
by Committee on Financial Institutions and Insurance.

 SB 525, An act concerning the legislature; concerning legislative sessions, by Senator
Oleen.

 SB 526, An act concerning asset forfeiture; allocation of forfeited property; amending
K.S.A. 1999 Supp. 60-4117 and repealing the existing section, by Committee on Judiciary.

 SB 527, An act concerning healing arts; relating to licensure of persons convicted of a
felony; amending K.S.A. 1999 Supp. 65-2836 and repealing the existing section, by
Committee on Judiciary.

 SB 528, An act concerning chemical control act; relating to practitioners; amending
K.S.A. 1999 Supp. 65-7003 and repealing the existing section, by Committee on Judiciary.

 SB 529, An act concerning corporations; relating to execution of certain documents
thereof; amending K.S.A. 17-1506, 17-1607, 17-4607, 17-4615, 17-4616, 17-4617, 17-4618,
17-4621, 17-4622, 17-6006, 17-6603, 17-6708, 17-6803, 17-6805 and 17-7208 and K.S.A.
1999 Supp. 17-1507, 17-1608, 17-1637, 17-1638, 17-2201, 17-6001, 17-6002, 17-6003, 17-
6005, 17-6203, 17-6204, 17-6205, 17-6401, 17-6601, 17-6602, 17-6605, 17-6701, 17-6702,
17-6703, 17-6704, 17-6705, 17-6706, 17-6707, 17-6804, 17-6913, 17-7001, 17-7002, 17-
7204, 17-7301 and 17-7302 and repealing the existing sections, by Committee on Judiciary.

      SENATE CONCURRENT RESOLUTION No. 1634--

  By Senators Ranson, Donovan, Downey,

Feleciano, Gooch, Harrington, and Lawrence

  A  CONCURRENT  RESOLUTION recognizing the Korean War Memorial
in Wichita as the Kansas Korean War Memorial.
        WHEREAS,  The Kansas Korean War Memorial Association, a nonprofit Kansas
corporation, has been the moving force behind efforts to establish a Korean War Memorial
in Veterans Memorial Park in downtown Wichita; and

      WHEREAS,  An appropriate design has been selected, and construction has been
completed except for final art work. The project will be dedicated as a Korean War Memorial
on July 27, 2000; and

      WHEREAS,  Donations are still being accepted (c/o the Kansas Korean War Memorial
Assn, P.O. Box 4223, Wichita, KS 67204-0223) for this project; and

      WHEREAS,  The Kansas Korean War Memorial Association has initiated action to have
the memorial designated as a state historic register site; and

      WHEREAS,  The state of Kansas has no designated site honoring the 476 Kansans who
served in the Korean War, and it is appropriate that such a site be officially recognized:
Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Kansas Legislature recognizes the Korean War Memorial in Wichita as
the Kansas Korean War Memorial; and

      Be it further resolved: That the Secretary of State be directed to provide a copy of this
resolution to the Executive Director of the State Historical Society and to Robert Pinkstaff,
President, Kansas Korean War Memorial Association, 1928 South Cooper Ct., Wichita, KS
67207.

      SENATE CONCURRENT RESOLUTION No. 1635--

 
      By Senators Salisbury, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
      Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
      Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
      Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salmans, Steffes, Steineger, Stephens,
      Tyson, Umbarger, Vidricksen and Vratil

       
      A  CONCURRENT  RESOLUTION memorializing the Congress of the United States to
      propose submission to the states an amendment to the Constitution of the United States
      of America restricting the ability of the federal judiciary to mandate any state or
      subdivision thereof to levy or increase taxes.
        WHEREAS,  Unfunded mandates by the United States Congress and the executive
branch of the federal government increasingly strain already tight state government budgets
if the states are to comply; and

      WHEREAS,  To further compound this assault on state revenues, federal district courts,
with the blessing of the United States Supreme Court, continue to order states to levy or
increase taxes to supplement their budgets to comply with federal mandates; and

      WHEREAS,  The court's actions are an intrusion into a legitimate legislative debate over
state spending priorities and not a response to a constitutional directive; and

      WHEREAS,  The Constitution of the United States of America does not allow, nor do
the states need, judicial intervention requiring tax levies or increases as solutions to
potentially serious problems; and

      WHEREAS,  This usurpation of legislative authority begins a process that over time could
threaten the fundamental concept of separation of powers that is precious to the preservation
of the form of our government embodied by the Constitution of the United States of
America; and

      WHEREAS,  Fifteen states, including Alabama, Alaska, Arizona, Colorado, Delaware,
Louisiana, Massachusetts, Michigan, Missouri, Nevada, New York, Oklahoma, South
Dakota, Tennessee and Utah, have petitioned the United States Congress to propose an
amendment to the Constitution of the United States of America that reads as follows:
``Neither the Supreme Court nor any inferior court of the United States shall have the power
to instruct or order a state or political subdivision thereof, or an official of such state or
political subdivision, to levy or increase taxes.'': Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Kansas Legislature respectfully requests and petitions the Congress of
the United States to propose submission to the states for their ratification an amendment
to the Constitution of the United States of America to restrict the ability of the United States
Supreme Court or any inferior court of the United States to mandate any state or political
subdivision of the state to levy or increase taxes; and

      Be it further resolved: That the Secretary of State is hereby directed to send enrolled
copies of this resolution to the President of the United States, the President pro tempore
of the United States Senate, the Speaker of the United States House of Representatives and
to each member of the Kansas Congressional Delegation.

COMMUNICATIONS FROM STATE OFFICERS
  DEPARTMENT OF HEALTH & ENVIRONMENT

  January 20, 2000

 Enclosed is a copy of the final report of the Governor's Public Health Improvement
Commission, entitled The State of Kansas Public Health Improvement Plan for Promoting
Health in the 21st Century, submitted by Clyde D. Graeber, Secretary, Department of
Health & Environment.

  KANSAS DEVELOPMENT FINANCE AUTHORITY

  January 28, 2000

   On behalf of the Board of Directors and staff of the Kansas Development Finance
Authority, Kenneth Frahm, President, Kansas Development Finance Authority, submitted
the Annual Report for the fiscal year ending June 30, 1999.

   The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.

 REPORTS OF STANDING COMMITTEES
 The Committee on Assessment and Taxation recommends SB 378 be amended on
page 1, in line 16, by striking ``the sum of''; in line 17, by striking all after ``act''; by striking
all in lines 18 and 19; in line 20, by striking all before the period and inserting ``without
regard to the modifications specified by subsections (c)(i), (ii) regarding Kansas public
employee retirement system retirement benefits, (vii), (ix) and (xii) of K.S.A. 79-32,117, and
amendments thereto''; and the bill be passed as amended.

 Also, SB 379 be amended on page 1, in line 22, before ``and'' by inserting a comma and
the bill be passed as amended.

 Committee on Federal and State Affairs recommends Substitute for SB 55 be not
passed.

   On motion of Senator Vidricksen the Senate adjourned until 2:30 p.m., Tuesday, February
1, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.