February 13, 1998

Journal of the Senate

Senate Chamber Topeka, Kansas 
Friday, February 13, 1998--9:00 a.m. 
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-eight senators present.

 Senators Barone and Harrington were excused.

 Invocation by Chaplain Fred S. Hollomon:

       Heavenly Father,

       Valentine's Day is the day that we say

       What we should have been saying every day.

       But the days have been filled

       With nothing but Senate;

       We've been here five weeks

       And we've filled every minute.

       It's Senate on the phone

       And Senate in the mail,

       Senate in committees,

       And in every detail.

       It's Senate in appointments

       And caucases convening;

       It's in every conversation

       From morning till evening.

       It's in conference committees

       With members of the House;

       No wonder we've forgotten

       The name of our spouse!

       Though we've only been gone

       A few weeks up here,

       To that person at home

       It seems like a year.

       He or she has to do

       All the chores we once did;

       And some are both parents

       For all of the kids.

       O God:

       Help us convince them

       Though we work at the dome,

       There's nothing as important

       As our loved ones at home.

       I pray in the Name of Christ,



 The following bills and concurrent resolution were introduced and read by title:

 SB 657, An act concerning certain roads and highways; relating to the maintenance and
supervision thereof, by Senator Harrington.

 SB 658, An act concerning the attorney general; relating to certain contracts; amending
K.S.A. 75-719 and repealing the existing section, by Senators Hensley, Barone, Biggs, Dow-
ney, Feleciano, Gooch, Goodwin, Jones, Karr, Lee, Petty and Steineger.

 SB 659, An act concerning the eminent domain procedure act; amending K.S.A. 26-504,
26-505, 26-508, 26-509 and 26-513 and repealing the existing sections, by Senator Hensley.

 SB 660, An act concerning the insurance commissioner and employees of the insurance
department; prohibiting certain acts, by Senators Hensley, Biggs, Downey, Feleciano, Good-
win, Jones, Karr, Lee, Petty and Steineger.

 SB 661, An act concerning electric public utilities; providing for mitigation of certain
costs, by Senator Brownlee.

 SB 662, An act relating to managed care; patient protection act; amending K.S.A. 1997
Supp. 40-4602 and 40-4607 and repealing the existing sections, by Senators Brownlee, Har-
rington, Jordan, Salmans,Steineger and Tyson.

 SB 663, An act concerning insurance; coverage for infertility; amending K.S.A. 1997
Supp. 40-19c09 and repealing the existing section; also repealing K.S.A. 1997 Supp. 40-
1909, by Committee on Financial Institutions and Insurance.

 SB 664, An act concerning water pollution control permits for confined feeding facilities;
relating to grounds for rejecting a permit application or denying issuance of a permit, by
Committee on Energy and Natural Resources.

 SB 665, An act making and concerning appropriations for the fiscal years ending June
30, 1998, and June 30, 1999, and authorizing certain financing, for certain capital improve-
ment projects for the state fair board, department of social and rehabilitation services,
Kansas state school for the blind, Kansas state school for the deaf, department of corrections,
state historical society, insurance department, department of administration, department of
commerce and housing, Fort Hays state university, Kansas state university, Kansas state
university extension systems and agriculture research programs, Kansas state university vet-
erinary medical center, Emporia state university, Pittsburg state university, university of
Kansas, university of Kansas medical center, Wichita state university, department of human
resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of in-
vestigation, Kansas highway patrol, adjutant general, department of wildlife and parks and
juvenile justice authority; authorizing the initiation and completion of certain capital im-
provement projects; and directing or authorizing certain disbursements and acts incidental
to the foregoing, by Committee on Ways and Means.

 SB 666, An act concerning the telecommunications act; eliminating enhanced universal
service mandates; authorizing the state corporation commission to examine the cost of in-
trastate switched access and to make certain adjustments to the Kansas universal service
fund; amending K.S.A. 1997 Supp. 66-1,187, 66-2002, 66-2005 and 66-2008 and repealing
the existing sections; also repealing K.S.A. 1997 Supp. 66-2007, by Senators Brownlee,
Becker and Ranson.

 SB 667, An act enacting the Kansas chemical control act, by Senator Schraad.

 SB 668, An act enacting the Kansas expedited eviction of drug traffickers act; relating to
causes of action and remedies available; affirmative defenses, by Senator Schraad.


By Senators Vidricksen, Barone, Becker, Bleeker, Bond, Brownlee, Corbin, Donovan,
      Emert, Gilstrap, Harrington, Huelskamp, Jones, Jordan, Langworthy, Lawrence, Morris,
      Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson and

      A CONCURRENT RESOLUTION memorializing the Congress of the United States to
      enact legislation that will sunset the IRS Code by December 31, 2000, and to develop
      and complete a replacement tax code for the American people.

          WHEREAS, The IRS Code is beyond repair; and

    WHEREAS, The IRS Code is the core of the distrust of government the American
people feel; and

    WHEREAS, The current tax code is seven million words, compared to Lincoln's Get-
tysburg Address of 269 words, and the Declaration of Independence of 1,337 words; and

    WHEREAS, The IRS's ``simplest'' return, the EZForm 1040, has 33 pages of instruc-
tions, and the IRS Form 1040 has 76 pages of instructions; and

    WHEREAS, Individual taxpayers will spend 1.7 billion hours and American business will
spend 3.4 billion hours each year simply trying to comply with the tax code--which is
equivalent to a ``staff'' of three million people working full time, year round, just on taxes;

    WHEREAS, Taxes are too high, but any steps to lower taxes by modifying the existing
tax code would make it even longer and more confusing; and

    WHEREAS, This proposal embodies a prudent method and adequate time for devel-
oping a new tax code: Now, therefore,

    Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the legislature request of the Congress of the United States enactment of
legislation which will abolish the IRS Code by December 31, 2000, and replace it with a
new method of taxation which in essence will:

    Lower taxes, to create job opportunities

    Foster growth, by encouraging work and savings

    Be fair, for all taxpayers

    Be simple enough for all taxpayers to understand

    Be neutral, allowing people, not government to make choices

    Be visible, so people know the cost of government

    Be stable, so people can plan for the future.

    Be it further resolved: That the legislature request the several states apply to Congress
for enactment of this proposal; and

    Be it further resolved: That copies of this resolution, attesting to the adoption of
this resolution, shall be transmitted by the Secretary of State to the President of the Senate
and the Speaker of the House of Representatives of the United States, to each
member of the Kansas Congressional Delegation and to the legislature of the
remaining 49 states.


 The following bills were referred to Committees as indicated:

 Commerce: SB 653.

 Education: SB 645, 646, 647.

 Elections and Local Government: SB 656.

 Federal and State Affairs: SB 651.

 Judiciary: SB 649, 650, 652, 654.

 Public Health and Welfare: SB 655.

 Ways and Means: SB 642, 643, 644, 648.


 The President withdrew SB 335 from the Committee on Judiciary, and referred the bill
to the Committee on Ways and Means.


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


A RESOLUTION congratulating Charles Wayne Thompson.
    WHEREAS, Charles Wayne Thompson, who was born in Indian Territory, now a part
of the state of Oklahoma, will celebrate his 100th birthday on February 26, 1998; and

    WHEREAS, Charles Wayne Thompson lived in Coffeyville before moving to Indepen-
dence where he resided for 65 years. Mr. Thompson was a mason by trade and is remem-
bered as a person who hired ``anyone who ever asked for a job'' and as a person who taught
masonry skills to many young men; and

    WHEREAS, Charles Wayne Thompson was devoted to his church and taught Sunday
School and sang in the choir. He is remembered as a good teacher of the Bible and as a
dedicated, giving person to his church; and

    WHEREAS, Charles Wayne Thompson currently resides at the Shalom Geriatric facility
in Kansas City, Missouri: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That the Senate joins Mr. Thompson's
many friends in Independence in wishing him good health and happiness on the occasion
of his 100th birthday; and

    Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Charles Wayne Thompson, Shalom Geriatric, 7801 Holmes
Road, Kansas City, Missouri 64131.

 On emergency motion of Senator Emert SR 1812 was adopted unanimously.

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


A RESOLUTION congratulating and commending radio station KJIL.
    WHEREAS, Radio station KJIL, a 100,000 watt Christian radio station based in Meade,
has been designated the Station of the Year for 1997 by the international Christian media
ministry of Focus on the Family; and

    WHEREAS, This is the fifth year Focus on the Family has presented the award, and
KJIL represents the smallest market to be recognized; and

    WHEREAS, General Manager Don Hughes has assembled a talented staff and devel-
oped a ministry-minded radio outreach to the region. It has found a place in the lives of
listeners in the area. The station maintains a high profile in the community, organizing and
supporting events and promotions on a regular basis; and

    WHEREAS, Radio station KJIL started broadcasting in 1992. It has been awarded the
Best Radio Station Creativity Award. The criteria used in being selected as Station of the
Year included growth during the past year, on-air professionalism, overall sound of the
station and community involvement and projects; and

    WHEREAS, Radio station KJIL has furthered Christian awareness and understanding
of and involvement in public, political and economic issues: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
radio station KJIL upon its selection as Station of the Year by the international Christian
radio media ministry of Focus on the Family; and

    Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Huelskamp.

 On emergency motion of Senator Huelskamp SR 1813 was adopted unanimously.

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


A RESOLUTION recognizing James H. Lane and the Lane Trail.
    WHEREAS, During the late 1850's the territory of Kansas became known as ``Bleeding
Kansas'' because of the conflicts between proslavery and free-state settlers; and

    WHEREAS, The normal emigration routes through the state of Missouri to Kansas
sometimes were obnoxious to free-staters because of the proslavery beliefs held by many
citizens of the state of Missouri; and

    WHEREAS, The state of Iowa was a seat of support for free-state settlers wishing to
emigrate to Kansas, with Iowa City being the nucleus of such support and the western
terminus of the railroad at that time; and

    WHEREAS, There was need of a safe trail for free-state settlers going to Kansas; and

    WHEREAS, In 1856 ``General'' James H. Lane established a route going from Iowa City
to Topeka for the use of free-state settlers. Known as the ``Lane Trail,'' it commenced in
Iowa City and went west through Iowa, crossing the Missouri River into Nebraska at Ne-
braska City, then south into Kansas. In Kansas the trail passed through Plymouth, Lexington,
Powhattan, Netawaka, Holton and Indianola before arriving in Topeka. On ridge tops the
trail was marked with prominent piles of rocks known as ``Lane's Chimneys''; and

    WHEREAS, In response to a call circulated widely by the Iowa State Central Committee
for settlers to travel the newly established route, several hundred people, known widely as
Lane's Army, entered Kansas territory on August 7, 1856; and

    WHEREAS, The Lane Trail became part of the underground railroad used by John
Brown to transport slaves north to freedom; and

    WHEREAS, James H. Lane founded the towns of Plymouth and Lexington and later
became a United States senator for the state of Kansas; and

    WHEREAS, Today the Lane Trail is closely approximated by US-75 highway: Now,

    Be it resolved by the Senate of the State of Kansas: That the Senate recognizes the
importance of James H. Lane and the Lane Trail, and the impact they had on the devel-
opment of our state, by officially recognizing that US-75 highway from the Nebraska border
south to Topeka closely approximates ``The Lane Trail''; and

    Be it further resolved: That the Secretary of the Senate be directed to send enrolled
copies of this resolution to Ramon Powers, Executive Director, Kansas State Historical
Society, Marjorie Schnacke, Executive Director-Development, Kansas State Historical So-
ciety, and Randy Theis, Kansas State Historical Society, all at 6425 SW 6th Avenue, Topeka,
KS 66615-1099 and to Marjorie Crump, 28 Twisted Oak Circle, Trumbull, CT 06611.

 On emergency motion of Senator Salisbury SR 1814 was adopted unanimously.

 Executive Director-Development, Marjorie Schnacke, and Randy Theis of the Kansas
State Historical Society were introduced by Senator Salisbury and welcomed by President


 Committee on Agriculture recommends SB 505 be passed.

 Committee on Energy and Natural Resources recommends HCR 5030 be adopted.

 Also SB 483 be amended on page 2, in line 3, after ``provided'' by inserting ``such animals
died as a result of a natural disaster or in an emergency situation and''; and the bill be passed
as amended.


 The President withdrew HCR 5030 from General Orders, and referred the bill to the
Committee on Ways and Means.


 SCR 1613; SB 382 reported correctly engrossed February 12, 1998.

 On motion of Senator Emert, the Senate recessed until 11:30 a.m.

 The Senate met pursuant to recess with President Bond in the chair.


 The following bills were introduced and read by title:

 SB 669, An act concerning student publications; relating to rights and responsibilities
thereof; amending K.S.A. 72-1506 and repealing the existing section, by Senators Bleeker,
Brownlee, Harrington, Lawrence, Salmans and Umbarger.

 SB 670, An act concerning computers and cyberporn; relating to limiting internet access
to obscene, pornographic and illegal matter; conditioning distribution or appropriation of
public funds to schools and libraries, by Senators Huelskamp, Bleeker, Brownlee, Clark,
Donovan, Hardenburger, Jordan, Lawrence, Pugh, Salmans, Schraad, Tyson and Umbarger.

 SB 671, An act concerning the civil commitment of sexually violent predators; relating
to duties of attorney general and the multidisciplinary team; procedure; transitional and
conditional release; amending K.S.A. 59-29a01, 59-29a09, 59-29a11, 59-29a12 and 59-29a13
and K.S.A. 1997 Supp. 59-29a02, 59-29a03, 59-29a04, 59-29a05, 59-29a06, 59-29a07, 59-
29a08 and 59-29a10 and repealing the existing sections, by Committee on Judiciary.

 On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February
16, 1998.

HELEN A. MORELAND, Journal Clerk. 
PAT SAVILLE, Secretary of the Senate.