J o u r n a l o f t h e S e n a t e FOURTEENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, January 31, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-five senators present. Senators Corbin, Hardenburger, Hensley, Morris and Praeger were excused. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, There has been some concern that people in government no longer act civil toward each other in controversy. If being civil means to refrain from name-calling, profanity, personal insults, sarcasm, and violence, then civility is always appropriate. But if being civil means to minimize our differences, compromise our convictions, belittle our disagreements, and sterilize our debates, then civility is not only unrealistic, it costs too much. You have given us two attitudes with which to deal with controversy, O God: respect and forgiveness. Help us to respect our adversary as a unique creation of God. Help us to forgive our adversary when he does us wrong. Help us to ask his forgiveness when we do him wrong. And don't let us forget that disrespect and unforgiveness are like acids which damage their containers more than the objects on which they are poured. I ask this is the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 164 An act concerning the board of nursing; licensees of the board; exempt licenses; fees; amending K.S.A. 65-1131, 65-4208 and 65-4921 and K.S.A. 1996 Supp. 65-1115, 651116, 65-1118, 65-1120, 65-1124, 65-1152 and 65-4203 and repealing the existing sections, by Committee on Public Health and Welfare. SB 165 An act concerning the board of nursing; licensees thereof; continuing education; membership on the board; amending K.S.A. 65-1119 and 65-4206 and K.S.A. 1996 Supp. 65-1117, 65-4205 and 74-1106 and repealing the existing sections, by Committee on Public Health and Welfare. SB 166 An act concerning lodging establishments; relating to rights and duties of innkeepers and guests, by Committee on Transportation and Tourism. SB 167 An act concerning drivers' licenses; relating to requirements for licensure, by Committee on Transportation and Tourism. SB 168 An act designating the square dance as the official state folk dance of Kansas and the polka dance as the official state ethnic dance, by Committee on Transportation and Tourism. SB 169 An act relating to drivers' licenses and nondriver identification cards; required contents; amending K.S.A. 8-1329 and K.S.A. 1996 Supp. 8-243 and repealing the existing sections, by Committee on Transportation and Tourism. SENATE CONCURRENT RESOLUTION No. 1606-- By Committee on Federal and State Affairs A PROPOSITION to amend article 15 of the constitution of the state of Kansas by adding a new section, relating to certain weapons. 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. Article 15 of the constitution of the state of Kansas is amended by adding a new section thereto to read as follows: ``(section) 16. (a) Concealed Firearms. No person shall carry a concealed firearm, except that such prohibition shall not apply to: (1) Law enforcement officers; (2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; (3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duties; (4) the manufacture of, transportation to, or sale of firearms to a person described in paragraph (1), (2) or (3); (5) watchmen, while actually engaged in the performance of the duties of their employment; (6) licensed hunters or fishermen, while engaged in hunting or fishing; (7) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment; (8) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; (9) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm; or (10) special deputy sheriffs. (b) The legislature shall provide by law for the regulation of, inspection of fees on and training requirements necessary for persons who may carry concealed firearms.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would prohibit the carrying of concealed firearms except by persons specifically designated in the constitutional provision. ``A vote for this proposition would prohibit the carrying of concealed firearms. ``A vote against this proposition favors retaining the current status of the law under which there is no constitutional provision relating to the regulation of concealed firearms.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, 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 1998 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 bills were referred to Committees as indicated: Agriculture: SB 149; SCR 1605. Assessment and Taxation: SB 161, 162. Commerce: SB 151, 152. Education: SB 160. Elections and Local Government: HB 2023. Federal and State Affairs: SB 158, 159. Financial Institutions & Insurance: HB 2045. Judiciary: SB 150, 155, 156. Transportation and Tourism: SB 157. Utilities: SB 147, 148. Ways and Means: SB 153, 154, 163. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Sallee introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1807-- A RESOLUTION honoring the memory of Amelia Earhart. WHEREAS, Amelia Mary Earhart was born July 24, 1897, in Atchison, Kansas, to Edwin and Amy Otis Earhart and spent her formative years in Atchison and Kansas City, Kansas; and WHEREAS, Amelia Earhart's grandparents were early Kansas pioneers in the Kansas Territory. Her maternal grandfather, Judge Alfred Otis, was the law partner of one-time Kansas Governor George W. Glick. Her paternal grandfather, Rev. David Earhart, was a teacher and Lutheran minister on the Kansas frontier who served as regent of the State Agricultural College for six years and helped found Midland College in Atchison; and WHEREAS, Amelia Earhart developed her adventurous spirit as a young girl in Atchison, where she jumped fences, wore gym suits while playing, played football and other ``boys sports,'' hunted rats in the barn with a .22 caliber rifle and explored caves along the Missouri River bluff; and WHEREAS, Amelia Earhart was called ``Lady Lindy'' by the adoring American public because of her resemblance to Charles A. Lindbergh and her pioneering achievements in aviation. Her accomplishments include: First woman to receive pilot certification from the National Aeronautics Association (1923). First woman to cross the Atlantic by air (June 17-18, 1928). First woman to fly solo across the Atlantic (May 20-21, 1932). First woman to fly nonstop across the United States. First woman to fly an autogyro. First woman to fly an autogyro across the United States. First woman to receive the Distinguished Flying Cross (1932). First woman to fly from Hawaii to the West Coast (Jan. 11-12, 1935). First woman to enter the Aviation Hall of Fame in Dayton, Ohio (Dec. 17, 1968); and WHEREAS, Amelia Earhart received the following honors: Special Gold Medal of the National Geographic Society which was presented by President Herbert Hoover (June 21, 1932). Distinguished Flying Cross, awarded by the Congress of the United States (July 29, 1932). Gimbel Award as the ``Most Outstanding Woman of America in 1932.'' Cross of Legion d'Honneur from the French Air Minister. Decoration Medal from the Kingdom of Romania (1930); and WHEREAS, Amelia Earhart lost her life while attempting an around-the-world airplane flight in 1937; and WHEREAS, Amelia Earhart is an outstanding example of the men and women who are born and reared in the Sunflower State, and of whom we are proud; and WHEREAS, Amelia Earhart never forgot her origins, maintaining her roots in Kansas by frequent visits and speaking engagements, including a guest appearance at the Kansas State Editorial Convention in June, 1935; and WHEREAS, In addition to setting numerous distance, speed and endurance records in aviation, Amelia Earhart also dabbled in photography, writing for books and magazines, poetry and fashion design; and WHEREAS, Amelia Earhart was a founding member and the first president of The Ninety-Nines, an international organization of women pilots that now has over 7,000 members worldwide. She also was a member of Zonta International; and WHEREAS, The historic Atchison home where Amelia Earhart was born and spent her childhood is now a museum and is an attraction that draws hundreds of visitors to Kansas and Atchison each year; and WHEREAS, Atchison has honored and remembered its most famous native with statues on the downtown mall and in the international forest of friendship. Other memorial plaques and monuments can be found at Atchison's City Hall, library and municipal airport. The Amelia Earhart Airport and the Amelia Earhart Memorial Stadium continue to preserve her memory in Atchison; WHEREAS, In July, 1987, the state of Kansas honored Amelia Earhart by designating Highway 73 between Leavenworth and Horton the Amelia Earhart Memorial Highway: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we honor the memory of this outstanding Kansan, Amelia Earhart; and Be it further resolved: That the Secretary of the Senate be directed to provide 10 enrolled copies of this resolution to Senator Sallee. Senators Brownlee and Becker introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1808-- A RESOLUTION congratulating and commending the Olathe North High School football team and Coach Gene Wier for winning the 1996 Class 6A State Football Championship in Kansas. WHEREAS, The Olathe North High School football team won the 1996 Kansas State High School Activities Association Class 6A State Football Championship; and WHEREAS, Olathe North won the state championship with a thrilling 24-7 victory over Wichita Northwest High School in the state championship game; and WHEREAS, The Olathe North High School ``Eagles'' football team won 12 games, scoring 461 points while their opponents scored 86 points; and WHEREAS, The members of this outstanding football team have received statewide recognition for their fine sportsmanship and athletic abilities; and WHEREAS, The success of this team is due to excellent teamwork, strong competitive spirit and determination to win, and the enthusiastic support of the school's administrators, the faculty, the students, the players' parents and the many area citizens; and WHEREAS, Each player of this team, the coaching staff, the school administrators, the faculty, the students and every citizen of this proud community who supported and encouraged the team's success should be recognized and acclaimed for this honor: Now, therefore, Be it resolved by the Senate of the State of Kansas: That the Olathe North High School football team and Coach Wier be congratulated and commended for winning the 1996 Kansas State High School Activities Association Class 6A State Football Championship; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Superintendent Ron Wimmer, Principal Charles Nichols and Coach Gene Wier, all in care of Dr. Ron Wimmer, Superintendent, Olathe District Schools, 311 E. Park, Olathe, KS 66061. On emergency motion of Senator Brownlee SR 1808 was adopted unanimously. Senators Brownlee and Becker introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1809-- A RESOLUTION congratulating and commending Dr. Ron Wimmer. WHEREAS, Olathe District Schools Superintendent Dr. Ron Wimmer has been named the 1997 Kansas Superintendent of the Year by the Kansas Association of School Administrators; and WHEREAS, Dr. Wimmer, who is in his sixth year as superintendent, was selected for the award based upon leadership for learning within the district, advocacy for public education, ability to communicate the importance of education in today's world, professional involvement and leadership throughout Kansas and in the local community; and WHEREAS, As the Kansas Superintendent of the Year, Dr. Wimmer will represent Kansas in the National Superintendent of the Year Award program, which brings together superintendents from every state, overseas schools, and Department of Defense Education Activity schools; and WHEREAS, Dr. Wimmer has been an advocate on various children's issues both locally and at the state level. In addition, Dr. Wimmer serves in several community leadership roles including the Olathe Region United Way, the Olathe Area Chamber of Commerce, and many other advisory groups in the Kansas City area: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Dr. Wimmer for his outstanding work as Superintendent of the Olathe District Schools; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Dr. Ron Wimmer, Superintendent, Olathe District Schools, 311 E. Park, Olathe, KS 66061 and to Mr. Steve Hougland, President, U.S.D. No. 233, 1011 Lennox, Olathe, KS 66062. On emergency motion of Senator Brownlee SR 1809 was adopted unanimously. Senators Brownlee and Becker introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1810-- A RESOLUTION congratulating and commending Nancy McRoberts. WHEREAS, Nancy McRoberts, a family and consumer sciences teacher at Olathe North High School was named as 1997 Kansas Teacher of the Year; and WHEREAS, The Kansas Teacher of the Year award recognizes teachers who are exceptionally skilled, dedicated, and able to inspire students of all backgrounds and abilities to learn. The Teacher of the Year has the respect and admiration of students, parents, and colleagues, and plays an active role in the community as well as in the school; and WHEREAS, Nancy McRoberts will now represent the State of Kansas in the National Teacher of the Year Award competition; and WHEREAS, Nancy McRoberts was chosen from a group of eight semi-finalists representing four regions of the state. A total of 90 teachers were nominated for the award; and WHEREAS, As the Teacher of the Year, Ms. McRoberts and Teacher of the Year nominees will serve as ambassadors for Kansas education, making public appearances across the state and carrying their message of the importance of improving schools, student performance, and the teaching profession in Kansas; and WHEREAS, Nancy McRoberts holds both a bachelor's and master's degree from Kansas State University. She is active in the National Education Association, the National Organization on Adolescent Pregnancy, Parenting, and Prevention, the Kansas Board of Education's Advisory Board for Pregnant/Parenting Teens, as well as several other civic and professional organizations: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate Nancy McRoberts upon her selection as 1997 Kansas Teacher of the Year; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Ms. Nancy McRoberts, Olathe North High School and to Dr. Charles Nichols, Principal, Olathe North High School, 600 E. Prairie, Olathe, KS 66061. On emergency motion of Senator Brownlee SR 1810 was adopted unanimously. Senator Emert introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1811-- A RESOLUTION memorializing Congress to revise certain laws which prohibit a disabled military veteran from receiving both full retirement pay and disability compensation benefits. WHEREAS, Under a federal law that dates back to the 19th century, military veterans are denied concurrent dual receipt of full retirement pay and disability compensation benefits; and WHEREAS, Military veterans are instead allowed only to receive retirement pay or disability compensation benefits or must waive an amount of retirement pay equal to the amount of disability compensation benefits; and WHEREAS, In contrast, federal civilian employees are not subject to such a deduction of disability compensation benefits; and WHEREAS, A disabled veteran who has held a nonmilitary federal job for the requisite durational period required for retirement receives full longevity retirement pay, undiminished by the subtraction of disability compensation benefits: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we do hereby memorialize Congress to change those laws which prohibit a disabled military veteran from receiving both full retirement pay and disability compensation benefits; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to each member of the Kansas congressional delegation. REFERRED TO COMMITTEE President Bond referred SR 1811 to the Committee on Federal and State Affairs. REPORTS OF STANDING COMMITTEES Committee on Public Health and Welfare recommends SB 10 be passed. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February 3, 1997.