J o u r n a l o f t h e S e n a t e FIFTEENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Monday, February 3, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, I am a Senator. A lot of people voted for me. Some voted for my opponent. Some did not vote at all. Some were not old enough to vote. But I am an advocate for them all. If they call me I will try to return their call. If they write me I will try to answer. If they come to see me I will listen. I will tell them the truth when it would be easier to lie. I would like to please them all, but I cannot. I can do my best for them. In order to do my best I call on You, O God. I call on You for wisdom to know what to do. I call on You for courage to attempt to do it. I call on You for strength to see it through. I call on You in the Name of Christ, AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 170An act concerning teachers; relating to hearings provided upon notice of nonrenewal or termination of contracts of employment; amending K.S.A. 72-5438, 72-5439, 72-5440, 72-5441, 72-5442, 72-5443, 72-5445 and 72-5446 and repealing the existing sections, by Committee on Education. SB 171An act concerning school district finance; revising the definition of local effort; amending K.S.A. 1996 Supp. 72-6410 and repealing the existing section, by Committee on Education. SB 172An act concerning school district finance; affecting determination of transportation weighting; amending K.S.A. 72-6411 and repealing the existing section, by Committee on Education. SB 173An act relating to the Kansas highway patrol; concerning the sale of personal sidearms, by Committee on Transportation and Tourism. SB 174An act concerning driving under the influence; relating to refusal to submit to a preliminary breath test; amending K.S.A. 1996 Supp. 8-1012 and 8-2118 and repealing the existing sections, by Committee on Transportation and Tourism. SB 175An act concerning foreign corporations; amending K.S.A. 17-7301 and 17-7505 and repealing the existing sections, by Committee on Commerce. SB 176An act concerning intoxicating liquors and beverages; relating to farm wineries; amending K.S.A. 41-308a and repealing the existing section, by Committee on Federal and State Affairs. SB 177An act relating to the corporation commission; time to issue reconsideration order; amending K.S.A. 1996 Supp. 66-118b and repealing the existing section, by Committee on Utilities. SB 178An act making and concerning appropriations for the fiscal years ending June 30, 1998, and June 30, 1999, and for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing; amending K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 and repealing the existing sections, by Committee on Ways and Means. SB 179An act establishing English as the official language of the state; providing exceptions, by Senators Hardenburger, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Harrington, Harris, Huelskamp, Jordan, Kerr, Lawrence, Ranson, Sallee, Salmans, Schraad, Steffes, Tyson, Umbarger and Vidricksen. SENATE CONCURRENT RESOLUTION No. 1607-- By Committee on Education A PROPOSITION to revise article 6 of the constitution of the state of Kansas, relating to education. 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 6 of the constitution of the state of Kansas is hereby revised to read as follows: ``Article 6.--EDUCATION ``
(section) 1. Schools and related institutions and activities.(section) 1. System of public education. The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activitiesa system of public education which may be organized and changed in such manner as may be provided by law. `` (section) 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education which shall have general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents. The state board of education shall perform such other duties as may be provided by law. (b) The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher education. Public institutions of higher education shall include universities and colleges granting baccalaureate or postbaccalaureate degrees and such other institutions and educational interests as may be provided by law. The state board of regents shall perform such other duties as may be prescribed by law. (c) Any municipal university shall be operated, supervised and controlled as provided by law.`` 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) 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. 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 term. Any member of either board may be removed from office for cause as may be provided by law.`` (section) 4. Commissioner of education. The state board of education shall appoint a commissioner of education who shall serve at the pleasure of the board as its executive officer.`` (section) 5. Local public schools.(section) 2. Governance. (a) The legislature shall make suitable provision for governance of the system of public education and the schools and institutions which are parts of the system. The legislature shall provide for such instrumentalities of governance as may be necessary, and such instrumentalities shall exercise such power and perform such duties as may be prescribed by law. (b) LocalPublic elementary and secondary schools under the general supervision of the state board of educationshall be maintained, developed andoperated and managed, under state supervision, by locally elected boards. When authorized by law, such boards may make and carry out agreements for cooperative operation and administration of educational programs under the general supervision of the state board of education, but such agreements shall be subject to limitation, change or termination by the legislature.(c) Public institutions of postsecondary education, and such other public education institutions as may be provided for by law, shall be maintained, operated and managed, under state supervision or control, as provided by law. `` (section) 6.(section) 3. Finance. (a) The legislature may levy a permanent tax for the use and benefit of state institutions of higher education and apportion among and appropriate the same to the several institutions, which levy, apportionment and appropriation shall continue until changed by statute. Further appropriation and other provision for finance of institutions of higher education may be made by the legislature. (b) The legislatureshall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision.system of public education. The legislature may levy a permanent tax for the use and benefit of the system of public education and provide for apportionment and appropriation of the proceeds of such tax. (b) No tuition shall be charged for attendance at any public school or other public education institution to persons who are required by law to attend such school or institution; fees other than tuition may be charged to such persons when authorized by law. The legislature may authorize or require the charging of tuition and other fees for attendance at any public school or other public education institution to persons who are not required by law to attend such school or institution. (c) No religious sect or sects shall control any part of the public educational funds. `` (section) 7.(section) 4. Savings clause. (a)All laws in force at the time of the adoption of this amendment and consistent therewith shall remain in full force and effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, 19691999. (b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction shall be elected after January 1, 1967. (c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.`` Sec. 2. The following statement shall be printed on the ballot with the amendments as a whole: ``Explanatory statement. The education article of the state constitution is very explicit in specifying the manner in which certain functions in the field of public education are to be performed. For example, the education article specifies that the function of governance of public schools and other public education institutions will be performed by the state board of education or the state board of regents. Since the education article is so explicit with regard to the performance of certain functions in the field of public education, the legislature is restrained from providing for changes in the performance of such functions by statute even though changes may be deemed necessary or desirable by the people. ``A vote for this proposition would not mandate a change in public education policy or governance. A vote for this proposition would amend the education article to make its operation more flexible so that the legislature, and through its members, the people, would have more freedom in providing for public education policy and governance. ``A vote against this proposition would continue in effect the present operation of the education article.'' 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 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 such special election. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolution were referred to Committees as indicated: Federal and State Affairs: SB 168, SCR 1606. Public Health and Welfare: SB 164, 165. Transportation and Tourism: SB 166, 167, 169. CHANGE OF REFERENCE Upon unanimous consent, the President withdrew SB 125 from the Committee on Transportation and Tourism, and referred the bill to the Committee on Elections and Local Government. MESSAGE FROM THE GOVERNOR January 30, 1997 Message to the Senate of the State of Kansas: Enclosed herewith is Executive Order No. 97-3 for your information. Bill Graves Governor The President announced Executive Order No 97-3, an offer of reward, is on file in the office of the Secretary of the Senate and available for review at any time. February 3, 1997 To the Senate of the State of Kansas: Submitted herewith for confirmation by the Senate are appointments made by me as Governor of the State of Kansas as of February 3, 1997, pursuant to law. Bill Graves Governor Member, Pooled Money Investment Board, Robert J. McAdoo, pursuant to the authority vested in me by K.S.A. 75-4221a, effective upon the date of confirmation by the Senate to fill a four-year term ending March 15, 2000. Member, Kansas Development Finance Authority, Thomas A. Page, pursuant to the authority vested in me by K.S.A. 74-8903, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. Member, Kansas Development Finance Authority, Carol Marinovich, pursuant to the authority vested in me by K.S.A. 74-8903, effective upon the date of confirmation by the Senate to fill a four-year term ending January 15, 2001. COMMUNICATIONS FROM STATE OFFICERS KANSAS GUARDIANSHIP PROGRAM January 30, 1997 James Maag, Chairperson, Kansas Guardianship Program, submitted the 1996 annual report. KANSAS CORPORATION COMMISSION January 31, 1997 Timothy E. McKee, Chair, Kansas Corporation Commission, submitted the 1997 report to the legislature, pursuant to the provisions of K.S.A. 66-117b. KANSAS HIGHWAY PATROL January 31, 1997 In accordance with K.S.A. 60-4117, Walter V. Darling, Director of Fiscal Services, Kansas Highway Patrol, provided the Kansas Senate with the annual report regarding state forfeiture funds. The President announced the above reports are on file in the office of the Secretary of the Senate and available for review at any time. MESSAGE FROM THE HOUSE Announcing passage of HB 2044. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2044 was thereupon introduced and read by title. CONSIDERATION OF MOTIONS AND SENATE RESOLUTIONS 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. On motion of Senator Sallee SR 1807 was adopted unanimously. Senator Sallee introduced as special guests of the Senate, Bud Cray, Stan Herd, Marilyn Copeland, and June Lynn. Mr. Herd, 1996 Kansan of the Year, and known for his crop art across the country, is preparing an earthwork of Amelia Earhart near Warnock Lake in Atchison which will be dedicated as part of the Centennial celebration. Marilyn Copeland, Co-Chair of the Birthday Centennial Committee and a past president of the Ninety-Nines, an international organization of women pilots, also serves as a trustee on the Amelia Earhart Birthplace Museum. June Lynn, Co-Chair, is trust officer for UMB Bank in Atchison and past president of the Atchison Chamber of Commerce. Senator Sallee announced Senator Nancy Kassebaum Baker, serving as Honorary Co-Chairman of the Amelia Earhart Birthday Centennial, could not be present but remarks made by her earlier in the day were shared by Honorary Co-Chairman Cloud L. ``Bud'' Cray, Jr. REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs begs leave to submit the following report: The following appointment was referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointment: By the Governor: Department of Administration, Secretary: K.S.A. 75-3702a Daniel Stanley, Jr., serves at the pleasure of the Governor Committee on Ways and Means recommends SB 43 be passed. Also SB 100, 103 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February 4, 1997.