January 30, 1998

Journal of the Senate



Senate Chamber Topeka, Kansas 

Friday, January 30, 1998--9:00 a.m. 

 The Senate was called to order by Vice-President Alicia Salisbury.

 The roll was called with thirty-four senators present.

 Senators Corbin, Harrington, Karr, Langworthy, Schraad and Steineger were excused.

 Invocation by Chaplain Fred S. Hollomon:

      Heavenly Father,

      Forgive me for the tendency to pass the buck.

      Sometimes I place the blame on everyone but me.

      I blame it on the Governor;

      I blame it on the House;

      I blame it on the lobbyists;

      I blame it on my spouse.

      I blame it on Revisors;

      I blame it on Research;

      And if it's on Sunday,

      I blame it on the church.

      I blame it on my parents;

      I blame it on my genes;

      I blame it on El Nino;

      I blame it on caffeine.

      I blame it on Gingrich;

      I blame it on Lott;

      I blame it on Clinton

      More often than not.

      Please stop me from blaming

      Everyone I see.

      Give me the grace

      To blame it on me!

      By the way, Lord,

      As for President Bond,

      I never place blame.

      I may be upset,

      But I'm not insane!

      I pray in the Name of Christ,



 The following petition was presented, read and filed:

 SP 2, by Senator Marge Petty: a petition urging the Kansas Legislature to continue their
commitment to access to safe and legal abortions, signed by Barbara Holzmark and 1600
other citizens of Kansas.

 SP 3, by Senator Dick Bond: a petition urging the Kansas Senate to support the improve-
ment of 169 Highway to four lanes, south from Spring Hill to K-7, in order to stop needless
fatalities, signed by Cathy L. Thomas and 4,225 other citizens of Kansas.


 The following bills were introduced and read by title:

 SB 549, An act concerning cities; relating to the exercise of eminent domain power;
amending K.S.A. 1997 Supp. 12-1773 and repealing the existing section, by Committee on

 SB 550, An act concerning crimes, punishment and criminal procedure; relating to capital
murder and the sentence of death; amending K.S.A. 21-4631, 21-4634, 21-4635 and 22-
3705 and K.S.A. 1997 Supp. 21-3105, 21-4706, 22-3717, 22-4505 and 22-4506 and repealing
the existing sections; also repealing K.S.A. 21-3439, 21-4622, 21-4623, 21-4624, 21-4625,
21-4626, 21-4627, 21-4629, 21-4630, 22-3704,22-4001, 22-4002, 22-4003, 22-4004, 22-4005,
22-4006, 22-4009, 22-4011, 22-4012, 22-4013, 22-4014, 22-4015 and 22-4016, by Commit-
tee on Judiciary

 SB 551, An act concerning civil procedure; relating to subpoena of business records;
delivery to the court; amending K.S.A. 1997 Supp. 60-245a and repealing the existing sec-
tion, by Committee on Judiciary.

 SB 552, An act concerning crimes, criminal procedure and punishment; relating to sen-
tencing; availability of presentence reports; amending K.S.A. 21-4605 and repealing the
existing section, by Committee on Judiciary.

 SB 553, An act concerning judges; relating to administrative judges; amending K.S.A.
19-204a, 19-15,123, 19-4705, 19-4737, 19-4809, 19-4810, 19-4811, 20-158, 20-159, 20-163,
20-310a, 20-311d, 20-319, 20-329, 20-335, 20-343, 20-345, 20-347, 20-349, 20-350, 20-357,
20-365, 20-438, 20-3013, 22-2804, 22-2807, 22-3101, 22-3609, 22-3708, 22-4009, 23-494,
23-499, 23-4,118, 23-701, 38-555, 38-1812, 39-1702, 59-2402, 59-2402a, 59-2402b, 59-
2402d, 59-2408, 60-465a, 60-2601a, 60-3502, 60-3503, 60-3505, 61-1720, 61-1724, 61-2103,
61-2709, 65-205, 65-4901, 65-4902, 65-4904, 74-2434, 75-3120g, 75-5297, 75-52,110, 79-
1494 and 79-2804 and K.S.A. 1997 Supp. 8-1008, 12-4509, 20-302b, 21-4502, 22-3609a,
23-496, 23-497, 23-498, 38-1808, 44-555c and 72-8906 and repealing the existing sections;
also repealing K.S.A. 1997 Supp. 20-302c, by Committee on Judiciary.


 The following bills were referred to Committees as indicated:

 Assessment and Taxation: SB 541, 543, 544.

 Commerce: SB 546.

 Education: SB 547.

 Elections and Local Government: HB 2552, 2559, 2561, 2562, 2564.

 Public Health and Welfare: SB 548.

 Transportation and Tourism: SB 542.

 Ways and Means: SB 545.


 Senators Becker and Jordan introduced the following Senate resolution, which was read:


A RESOLUTION congratulating and commending Marilyn Layman.

    WHEREAS, Marilyn Layman, Superintendent of the DeSoto School District, has been
named the 1998 Kansas Superintendent of the Year by the Kansas Association of School
Administrators and is a candidate for 1998 national superintendent of the year; and

    WHEREAS, Marilyn Layman, the first woman to be named Kansas Superintendent of
the Year, has been Superintendent of the 2,500 student district since 1991 and during its
transition from a mostly rural school district to a suburban district; and

    WHEREAS, Marilyn Layman oversaw the modification and approval of a 37.6 million
dollar bond issue after a 57.5 million dollar proposal was earlier rejected by district voters;

    WHEREAS, Marilyn Layman's ability to bring together the diverse populations of the
district has resulted in turning a district not known for progress to one on the cutting edge;
she says the involvement of the teachers, support staff, pupils and parents of the district has
made her job easy: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Marilyn Layman upon being named the 1998 Kansas Superintendent 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 Superintendent Marilyn Layman, Unified School District 232,
P.O. Box 449, DeSoto, Kansas 66018-0449.

 On emergency motion of Senator Becker SR 1809 was adopted unanimously.


 SR 1801, introduced by the Joint Committee on Arts and Cultural Resources, was read:


A RESOLUTION congratulating and commending John A. Freeman for past success in
History Day competition and wishing him good fortune in future endeavors.

          WHEREAS, John A. Freeman, the son of Glenn and Mary Freeman, was awarded first
place for junior individual performance in the National History Day Competition for seventh
grade students in the 1996-97 school year; and

    WHEREAS, John's award winning entry was ``Robinson and Rickey: Breaking the Color
Barrier'' which was inspired by John's viewing of a television interview of Rachel Robinson,
the widow of baseball legend, Jackie Robinson. When John heard Rachel Robinson mention
that 1997 would mark the 50th anniversary of Jackie's entrance into major league baseball,
John decided to develop the topic for his History Day project; and

    WHEREAS, John was not a novice in the History Day competition. In the 1995-96 school
year, as a sixth grader, John's entry in the competition was ``The Silent Gesture Heard
Around the World: Taking a Stand at the `68 Olympics'' for which he placed second in the
nation for junior individual performance; and

    WHEREAS, John is a native Topekan who is 14 years old and a student at Topeka
Collegiate. An avid sports fan and competitor, John's favorite sport is soccer, in which he
participates both in a league and on a school team. John also plays baseball and basketball;

    WHEREAS, Topeka Collegiate requires its sixth and seventh grade students to prepare
an entry for the History Day competition even though they are not required to enter the
competition. With his affinity for sports, selecting History Day topics that involved sports
figures was a natural choice for John. In preparation of both History Day entries, John
interviewed the key people involved, Rachel Robinson and the two players involved in the
1968 Olympics controversy; and

    WHEREAS, John also participates in Topeka Collegiate Singers and is involved in the
Topeka Civic Theater. He parlayed his interest in theater into preparation of a dramatic
presentation as a reporter at the 1968 Olympics and as Branch Rickey, Jackie Robinson's
manager; and

    WHEREAS, Despite his busy schedule, John enthusiastically presents his dramatic per-
formance of ``Rickey and Robinson'' to various audiences, including the Joint Committee
on Arts and Cultural Resources: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
John A. Freeman for his past success in History Day competitions and wish him good fortune
in his future endeavors; and

    Be it further resolved: That the Secretary of the Senate be directed to send enrolled
copies of this resolution to John A. Freeman and to his parents, Glenn and Mary Freeman,
all at 1523 S.W. High, Topeka, Kansas 66604, and to Topeka Collegiate at 2200 S.W. Ev-
eningside Drive, Topeka, Kansas 66614.

 On emergency motion of Senator Steffes SR 1801 was adopted unanimously.

 Senator Steffes introduced John Freeman, who gave his award-winning rendition of the
breaking of the color barrier by Jackie Robinson and Branch Rickey. The program was
dedicated to Craig Yorke, an early day baseball player who provided John with personal
resource material. Mr. Yorke has served the past six years as Senate Doorman.

 The Senate gave John a standing ovation.


 HCR 5038, A concurrent resolution in memory of the Honorable Frank G. Theis, was
read by title.

 On motion of Senator Emert, an emergency was declared, the rules suspended and HCR
5038, was adopted by voice vote.


 Committee on Assessment and Taxation recommends SB 500 be amended on page
16, in line 38, after the period by inserting ``If the taxpayer is a corporation having an election
in effect under subchapter S of the federal internal revenue code, a partnership or a limited
liability company, the credit provided by this section shall be claimed by the shareholders
of such corporation, the partners of such partnership or the members of such limited liability
company in the same manner as such shareholders, partners or members account for their
proportionate shares of the income or loss of the corporation, partnership or limited liability
company.''; and the bill be passed as amended.

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

HELEN A. MORELAND, Journal Clerk. 

PAT SAVILLE, Secretary of the Senate.