February 4, 2000

Journal of the Senate

NINETEENTH DAY
______
Senate Chamber, Topeka, Kansas
Friday, February 4, 2000--9:00 a.m.
  The Senate was called to order by Vice-President Alicia L. Salisbury.

  The roll was called with thirty-six senators present.

  Senators Bleeker, Corbin, Emert and Oleen were excused.

  Invocation by Chaplain Fred S. Hollomon:

      Heavenly Father,

      Though we know that it will happen

  We always feel the sting

  Of continually getting blamed

  For almost everything!

      It seems that it must be

  A part of human nature,

  When something has gone wrong,

  To blame the legislature.

      People seldom think to ask

  How we cast our vote.

  If they don't like the bill that passed,

  We ALL become the goat.

      It may never be considered;

  The result is still the same...

  If folks don't like what's happening,

  We're the ones to blame.

      Some were probably relieved

  On millennium's first day.

  Nothing happened to place the blame

  On us for Y2K!

      Please help the people realize

  We expect to take the blame

  For every vote we've ever cast

  Since the day we came.

      But no one likes to take the blame

  For things we did not do.

  Like everyone we want to be

  Treated fairly, too!

      I pray this in the Name of Christ,

      AMEN

PRESENTATION OF PETITIONS
   The following petition was presented, read and filed:

   SP 3, by Senator Lana Oleen: A petition requesting the passage of SB 304 concerning
housing; establishing handicapped accessability for new and remodeled buildings, signed by
Leroy O. Bell, and 8 others from the Reno County Advocacy Committee, Hutchinson,
Kansas.

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

   SB 571, An act authorizing certain refund payments for natural gas producers; providing
revenue therefor, by Committee on Energy and Natural Resources.

 SB 572, An act enacting the land stewardship by management and control of noxious
weeds act; amending K.S.A. 2-1321 and 19-211 and K.S.A. 1999 Supp. 2-1318, 2-1319, 2-
1320, 2-1322, 2-1323 and 58-3212 and repealing the existing sections; also repealing K.S.A.
2-1315, 2-1316a, 2-1317, 2-1324, 2-1325, 2-1326, 2-1327, 2-1328, 2-1329, 2-1330 and 2-
1333 and K.S.A. 1998 Supp. 2-1314, as amended by section 3 of chapter 85 of the 1998
session laws of Kansas and 2-1314b, as amended by section 5 of chapter 85 of the 1998
session laws of Kansas, and K.S.A. 1999 Supp. 2-1316, 2-1331 and 2-1332, by Committee
on Agriculture.

  SENATE CONCURRENT RESOLUTION NO. 1638--

  By Senators Ranson, Barone, Becker, Brownlee, Clark, Donovan, Downey, Emert,
      Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Jones, Jordan, Kerr,
      Langworthy, Lawrence, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans, Steffes,
      Steineger, Stephens, Tyson, Vidricksen and Vratil

  A CONCURRENT RESOLUTION to protect sensitive groundwater areas
from swine waste pollution.
   WHEREAS, The Kansas Department of Health and Environment has adopted specific
requirements for certain swine facilities in sensitive groundwater areas of the state; and

 WHEREAS, These sensitive groundwater areas, as defined by the Kansas Corporation
Commission, provide water essential for drinking, irrigation, recreation, stock watering and
other purposes; and

 WHEREAS, Kansas State University has been authorized by the Secretary of the Kansas
Department of Health and Environment to study the actual and potential impacts of seepage
from swine waste lagoons in Kansas; and

 WHEREAS, In June of 1999 the Kansas Geological Survey reported that nitrate levels
in most wells sampled in western and south-central Kansas have increased; and

 WHEREAS, Preliminary reports from the Kansas State University scientists associated
with the aforementioned studies report potential threats from swine waste lagoons to the
integrity of sensitive groundwater areas in Kansas; and

 WHEREAS, The Kansas Legislature shares the concerns of local elected officials,
groundwater management district officials and Kansas citizens reliant on water from these
sensitive groundwater areas that these areas are not polluted from swine waste lagoons:
Now, therefore,

    Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature requests that the Secretary of the Kansas Department of
Health and Environment refrain from issuing any further permits for swine operations
located over sensitive groundwater areas until such time as the Secretary can be assured by
scientific research from the Kansas State University swine lagoon project that the location
of swine waste lagoons over sensitive groundwater areas do not pose a threat to those
sensitive groundwater areas; and

 Be it further resolved: That the Secretary of State be directed to provide an enrolled copy
of this resolution to the Secretary of the Kansas Department of Health and Environment,
to Charles Benjamin, Kansas Natural Resource Council and Kansas Sierra Club, 401
Boulder, Lawrence, KS 66049 and to Jeff Roberts, Chairperson, Regional Economic Area
Partnership, Hugo Wall Center for Urban Studies, Wichita State University, 1845
Fairmount, Wichita, Kansas 67260.

      SENATE CONCURRENT RESOLUTION NO. 1639--

  By Senator Goodwin
  A CONCURRENT RESOLUTION establishing October 28 as Legal Assistants Day.
   WHEREAS, The Kansas Association of Legal Assistants was formed in 1981 and was
organized to meet the needs of Legal Assistants in Kansas through the recognition of a
system of professional credentials; and

 WHEREAS, The Kansas Association of Legal Assistants supports and endorses formal
legal education for Legal Assistants and offers continuing legal education seminars and
workshops specifically for Legal Assistants; and

 WHEREAS, The Kansas Association of Legal Assistants supports and endorses voluntary
certification for Legal Assistants via the Certified Legal Assistant (CLA) examination
administered by the National Association of Legal Assistants; and

 WHEREAS, Legal Assistants are a distinguishable group of persons who assist attorneys
in the delivery of legal services. Through formal education, training and experience, Legal
Assistants have knowledge and expertise regarding the legal system and of substantive and
procedural law which qualify them to do work of a legal nature under the direct supervision
of an attorney; and

 WHEREAS, Legal Assistants provide quality and affordable legal services through
attorneys and should be recognized as an important part of the legal service delivery system;
and

 WHEREAS, It is fitting to set aside a day each year honoring the service of Legal
Assistants: Now, therefore,

    Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature of the State of Kansas recognizes the service provided to our
society by Legal Assistants and finds it appropriate to recognize October 28 of each year as
Legal Assistants Day.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
    The following bills and resolution were referred to Committees as indicated:

   Agriculture: SB 564, 565 (separately).

 Assessment and Taxation: SB 560.

 Education: SB 569, 570.

 Elections and Local Government: SB 561, 566; SCR 1637.

 Energy and Natural Resources: SB 562, 568.

 Judiciary: SB 565 (separately).

 Ways and Means: SB 563, 567.

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

  SENATE RESOLUTION NO. 1808--

  A RESOLUTION congratulating and commending Amanda Pape.
   WHEREAS, Amanda Pape, a senior at Olathe South Senior High School, was declared
by the Olathe Daily News as the top Olathe sports story for 1999; and

 WHEREAS, Amanda won two gold medals at the state track and field meet pushing the
Falcon girls to their highest-ever finish. This past fall she had a brilliant cross country season
ending as the runaway winner at the state cross country meet. She then took second at the
Midwest Regional Foot Locker Cross Country Championships and seventh at the U.S.
national meet. Her time at the national meet was 17:34.46, just 29 seconds over the winning
time; and

 WHEREAS, Amanda Pape has signed a letter of intent to run for Georgetown University
next year. She will take with her a 4.1 high school grade point average (on a 4.0 scale) from
the Olathe South Senior High School: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Amanda Pape upon her brilliant high school running record and wish her every success at
Georgetown University; and

 Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Bill Floerke, Athletic Director, Olathe South Senior High School,
Olathe, Kansas 66062, to Mr. and Mrs. Martin Pape and to Amanda Pape all at 1514 E.
153rd Terrace, Olathe, Kansas 66062.

   On emergency motion of Senator Brownlee, SR 1808 was adopted unanimously.

 Senator Brownlee introduced Amanda and her parents, Mr. and Mrs. Martin Pape of
Olathe, Kansas. Senators congratulated Amanda on her achievements and wished her
success at Georgetown University.

   Senator Salmans introduced the following Senate resolution, which was read:

      SENATE RESOLUTION NO. 1809--

  A RESOLUTION congratulating and commending Richard A. (Doc) White.
   WHEREAS, Richard A. (Doc) White of Hanston started as the scoutmaster of Troop
159 in April of 1949 and has continued in this position to this day--a total of over 50 years
of service to scouts and scouting; and

 WHEREAS, Richard A. White has been the recipient of nearly every award in scouting,
he:

 Received the Silver Beaver Award in 1959

 Received the Order of the Arrow Vigil Award in 1964

 Received the Woodbadge in 1965

 Received the District Award of Merit in 1984

 Received the E. Urner Goodman Founders Award in 1997

 Received the National President's Scoutmaster Award of Merit in 1999; and

 WHEREAS, Richard A. White has resided in Hanston since 1937 and worked as a rural
mail carrier from 1948 to 1989. He has been an active member of the Hanston Methodist
Church. He served in the U.S. Army during World War II with duty in the Philippine
Islands and Okinawa; and

 WHEREAS, Richard A. White and his wife, Alta Lee, had two sons and a daughter. They
also adopted and reared two grandsons: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Richard A. White for his many years of conscientious service to scouting and the Hanston
community; and

 Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Richard A. White, Hanston, Kansas 67849.

   On emergency motion of Senator Salmans, SR 1809 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
   Committee on Commerce begs leave to submit the following report:

    The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:

     By the Governor:

    Kansas, Inc.: K.S.A. 74-8001

 Stanley Ahlerich, term expires January 15, 2004

 Peter Brungardt, term expires January 15, 2004

 Kathleen Clark, term expires January 15, 2004

REPORT ON ENROLLED BILLS

   SR 1807, 1808 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 4, 2000.

   On motion of Senator Ranson the Senate adjourned until 2:30 p.m., Monday, February
7, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.