January 23, 1998
Journal of the Senate
Senate Chamber Topeka, Kansas
Friday, January 23, 1998--9:00 a.m.
The Senate was called to order by President Dick Bond.
The roll was called with thirty-seven senators present.
Senators Jordan, Langworthy and Praeger were excused.
President Bond introduced as guest chaplain, Pastor Dean Linsenmeyer, Hoffnungsau
Mennonite Church, Inman, Kansas, who delivered the invocation.
Gracious God, You who created human kind in your own image,
thus granting to each one, an infinite innate worth.
We gather today as your caretakers, your stewards of creation
and of this portion of humanity you have entrusted into our care.
We ask today for your guidance, Lord,
your wisdom to help us distinguish what is right from what is popular.
We ask for your strength and your boldness to live this day by your precepts.
Release us, O God, from our desire to win
so we can hear more clearly the needs of your people.
Grant us the vision to see beyond the constraints of what is or what was to
grasp the hope of what can yet be in Your Perfect will.
Surround us now with integrity and humility
as we seek to glorify you throughout this day.
In Christ's Name we pray. AMEN!
PRESENTATION OF PETITIONS
The following petition was presented, read and filed:
SP 1, by Senator Stan Clark: a petition opposing Partial-Birth Abortions, signed by Donna
Marsh and 115 others from the Norton, Kansas area.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 493, An act relating to sales taxation; authorizing Sherman county to impose sales tax
for highway improvement purposes; amending K.S.A. 1997 Supp. 12-187, 12-189 and 12-
192 and repealing the existing sections, by Committee on Assessment and Taxation.
SB 494, An act concerning insurance; insurance department service regulation fund;
amending K.S.A. 1997 Supp. 40-112 and repealing the existing section; also repealing K.S.A.
1997 Supp. 40-112a, by Committee on Financial Institutions and Insurance.
SB 495, An act concerning certain claims against the state; making appropriations, au-
thorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, by Joint
Committee on Special Claims Against the State.
SB 496, An act relating to public records; concerning bids and request for proposals;
amending K.S.A. 1997 Supp. 45-221 and repealing the existing section, by Joint Committee
on Corrections and Juvenile Justice Oversight.
SB 497, An act concerning the joint committee on corrections and juvenile justice over-
sight; amending K.S.A. 1997 Supp. 46-2801 and repealing the existing section, by Joint
Committee on Corrections and Juvenile Justice Oversight.
SB 498, An act concerning school district finance; affecting the counting of pupils at-
tending kindergarten; amending K.S.A. 1997 Supp. 72-6407 and repealing the existing sec-
tion, by Committee on Education.
SB 499, An act relating to sales taxation; authorizing Atchison county to impose a sales
tax for jail construction purposes; amending K.S.A. 1997 Supp. 12-187 and 12-189 and
repealing the existing sections, by Senator Pugh.
SB 500, An act enacting the Kansas Tax Reduction and Reform Act of 1998: amending
K.S.A. 79-201t, 79-201x, 79-1541a, 79-1541b, 79-1542, 79-1564, 79-1569, 79-1570, 79-1571,
79-1572, 79-1574, 79-1575, 79-1576, 79-1579, 79-1580, 79-1587, 79-32,110, 79-32,121,
79-3603 and 79-4217 and K.S.A. 1997 Supp. 72-6431 and repealing the existing sections;
also repealing K.S.A. 79-1537, 79-1537b, 79-1537c, 79-1537e, 79-1537f, 79-1538, 79-1538a,
79-1539, 79-1540, 79-1541, 79-1542a,79-1543, 79-1545, 79-1547, 79-1548, 79-1549, 79-
1550, 79-1551, 79-1552, 79-1553, 79-1554, 79-1555, 79-1556, 79-1557, 79-1557a, 79-1559,
79-1560, 79-1561, 79-1562, 79-1563, 79-1563a, 79-1565, 79-1566, 79-1567, 79-1567a,
79-1568, 79-1573, 79-1584, 79-1584a, 79-1584b, 79-1584c, 79-1585 and 79-1586, by Sen-
ators Emert and Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Prager, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger and Vidricksen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 492.
Commerce: SB 487.
Energy and Natural Resources: SB 483.
Federal and State Affairs: SB 486.
Financial Institutions & Insurance: SB 490.
Judiciary: SB 482.
Public Health and Welfare: SB 484, 485.
Transportation and Tourism: SB 488, 489.
Utilities SB 491.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Karr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1806=n
A RESOLUTION congratulating and commending Darla J. Mallein.
WHEREAS, Darla J. Mallein has been selected as the 1998 Kansas Teacher of the Year
by the Kansas State Department of Education and is one of four finalists being considered
as the national teacher of the year; and
WHEREAS, Darla J. Mallein, who teaches eighth-grade social studies at Emporia Mid-
dle School, has helped her students to have a better understanding of the world about them
by bringing the past to life by staging Colonial Day, Immigrant Day and Cowboy-Pioneer
Day, by mock debates about the election process and by archaeological digs to learn more
about native Americans; and
WHEREAS, Darla J. Mallein makes a practice of filling the walls, windows and ceiling
of her room with interesting subject material thereby causing even the daydreamers of her
classes to absorb information on the current subject; and
WHEREAS, Darla J. Mallein has received 10 educational grants and published numer-
ous educational articles regarding her classroom projects and educational methods; and
WHEREAS, Darla J. Mallein, an Emporia native, received bachelor's and master's de-
grees from Emporia State University. Before starting at Emporia Middle School in 1988,
she taught at Americus Grade School, LeRoy High School and Emporia High School; and
WHEREAS, Darla J. Mallein was selected as the 1995 Outstanding Recent Graduate at
Emporia State University and named both the Kansas and Emporia Jaycees Outstanding
Young Educator for 1996: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Darla J. Mallein upon her selection as 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. Darla J. Mallein, 1901 Meadowlark Lane, Emporia, Kansas
On emergency motion of Senator Karr SR 1806 was adopted unanimously.
Senators Brownlee and Becker introduced the following Senate resolution, which was
SENATE RESOLUTION No. 1807=n
A RESOLUTION congratulating and commending the Olathe North Senior High School
football team and Coach Gene Wier for winning the 1997 Class 6A State Football Cham-
pionship in Kansas.
WHEREAS, The Olathe North Senior High School football team won the 1997 Kansas
State High School Activities Association Class 6A State Football Championship at Manhat-
tan on Saturday, November 22, 1997; and
WHEREAS, Olathe North won the state championship with a thrilling 27-26 victory over
Wichita West High School in the state championship game. Trailing with 1.09 minutes left
in the game, the tying touchdown came from a pass in the end zone from Josh Brewer to
Luke Fritz, followed by the tie-breaking extra point by Luke Fritz; and
WHEREAS, The Olathe North High School ``Eagles'' football team captured their 24th
consecutive victory and second consecutive state championship; 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, a determination to win, and 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 Olathe North Senior High
School football team and Coach Gene Wier be congratulated and commended for winning
the 1997 Kansas State High School Activities Association Class 6A State Football Champi-
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Dr. Charles Nichols, Principal, Olathe North Senior High School,
600 E. Prairie, Olathe, Kansas 66061-3397.
On emergency motion of Senator Brownlee SR 1807 was adopted unanimously.
Senator Jones introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1808--
A RESOLUTION in memory of Verdis Jeune Robinson.
WHEREAS, Verdis Jeune Robinson, 63, of Kansas City, died November 29, 1997, at
Bethany Medical Center; and
WHEREAS, Verdis Jeune Robinson began her career at the D.J. Young Publishing Co.;
thereafter, she became a meter maid for the city of Kansas City, Kansas, and worked her
way through the ranks of the city to become Director of Parking Control. She was appointed
as the first African-American female representative to the Kansas State Legislature in 1989.
During her tenure as state representative, Verdis was appointed to serve the unexpired term
of Wyandotte County Commissioner for the 2nd District. She was elected to a full four-
year term as Wyandotte County Commissioner of the 2nd District, which she served until
the implementation of the Unified Government, October 1, 1997. Verdis was a servant of
and for the people of Wyandotte County. Verdis' commitment to public service covered
more than three decades. Her legacy of sincerity, honesty, generosity, kindness and love of
family and friends will always be remembered by the many lives she touched.
WHEREAS, Working for social change, Verdis Jeune Robinson became an active mem-
ber and founder of several federated women's democratic clubs. She was a board member
of the Kansas City, Kansas, branch of NAACP, Democratic Precinct Committee Woman,
Vice Chairman to the Democratic Central Committee, co-founder and President of the
Rebecca Vincson Federated Women's Club, co-founder and consultant to the New Breed
Federated Club, board member and President of the Equal Opportunity Foundation, Quin-
daro Ruins/Underground Railroad Exercise, Executive Committee and President of De-
mocracy, Inc., Kansas Women's Democratic Federation and various other organizations.
She received many honors, recognitions and accolades for her accomplishments and en-
deavors in public service.
WHEREAS, Verdis Jeune Robinson received the following recognitions: The Chairs Spe-
cial Service Award on June 6, 1996, presented by the Kansas Democratic Party; given the
Go Getters Award on July 11, 1986, presented by the NAACP, Kansas City, Kansas, Branch;
given the PRIDE (Professional Racial Image Demonstrating Equality) First Sweetheart
Award presented by the Black Firefighter's Organization-PRIDE on February 14, 1986; the
Verdis J. Robinson family was recognized as the 1989 Black Family of the Year on July 22,
1989, presented by the Urban League of Greater Kansas City and the Missouri Lottery;
delegate to the state and national Democratic Convention; 3rd Congressional District Chair-
man and Nominee for Who's Who Among the Most 100 Influential Blacks.
WHEREAS, Verdis Jeune Robinson leaves to mourn five children, two sisters, two broth-
ers and a host of relatives and friends: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of Verdis Jeune Robinson; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Senator Jones for distribution to the family.
On emergency motion of Senator Jones SR 1808 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2479 be not passed.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, January 26,
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.