January 15, 1999
Journal of the Senate
|Senate Chamber, Topeka, Kansas|
The Senate was called to order by President Dick Bond.
|Friday, January 15, 1999--9:00 a.m.|
The roll was called with thirty-three senators present.
Senators Corbin, Downey, Hardenburger, Harrington, Morris, Steineger and Vratil were
Invocation by Chaplain Fred S. Hollomon:
Help me to see the big picture without missing the little people.
Help me to learn all I can without acting like I know it all.
Help me to focus on my job without getting irritated over interruptions.
Help me to let my light shine and not run out of batteries.
Keep me from treating you, O God, like an air bag, needed only in case of collisions.
Or like some sort of senile superman.
Or an all-season Santa Claus.
Or some kind of private god I'm too embarrassed to take out of the closet.
Help me to honor You and exalt You and trust You and love You and proclaim You.
I ask all this in Jesus' Name.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 59, An act relating to sales taxation; concerning the religious organization purchase
exemption; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section, by
Senators Donovan, Brownlee, Clark, Gilstrap, Harrington, Jordan, Pugh, Salmans, Tyson
SB 60, An act concerning title insurance and escrow accounts, by Senators Feleciano,
Donovan, Downey, Gooch, Harrington, Lawrence and Ranson.
SB 61, An act concerning salaries and compensation for state officers and employees;
providing for modification of the pay plan; amending K.S.A. 75-2938 and repealing the
existing section, by Committee on Ways and Means.
SB 62, An act concerning authorized subjects for discussion in closed or executive meet-
ings; amending K.S.A. 75-4319 and repealing the existing section, by Committee on Elec-
tions and Local Government.
SB 63, An act relating to emergency telephone services; concerning the financing thereof;
amending K.S.A. 12-5303 and K.S.A. 1998 Supp. 12-5302 and repealing the existing sections,
by Committee on Assessment and Taxation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to Committees as indicated:
Assessment and Taxation: SB 43, 44, 45, 46, 47.
Commerce: SB 54.
Education: SB 53.
Federal and State Affairs: SB 55, 57; SCR 1607.
Financial Institutions & Insurance: SB 48.
Judiciary: SB 49.
Public Health and Welfare: SCR 1606.
Transportation and Tourism: SB 50, 51, 52, 58.
Ways and Means: SB 56.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Biggs introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1804--
A RESOLUTION congratulating and commending Julie Russell and Kansans Respond with
Mary Becker as Director.
WHEREAS, Julie Russell is a nurse and college sociology instructor residing with her
family in the Argentine district of Kansas City, Kansas; and
WHEREAS, Julie Russell began a 700 mile Witness to Poverty Walk across Kansas com-
mencing at Syracuse on June 12, 1998, and concluding in Topeka on July 22, 1998. Julie
Russell serves as board president of Kansans Respond, a grass-roots advocacy group for the
poor, which she represented along her walk. She has previously completed two walks from
Kansas City to Topeka, the last being at the start of the 1998 legislative session to create
awareness of the plight of lower income Kansans; and
WHEREAS, Julie Russell's goal, as she walked across Kansas and met with individuals,
community groups and the media, was to raise consciousness about poverty in our state and
to challenge others to begin work in their own communities to bring about change for those
in need: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Julie Russell for her 700 mile Witness to Poverty Walk across Kansas and Mary Becker,
Kansans Respond volunteers and all who welcomed Julie Russell in their homes and at their
tables during her strenuous mission of care; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Senator Biggs.
On emergency motion of Senator Biggs SR 1804 was adopted unanimously.
Senator Biggs introduced and welcomed Mary Becker, Director of Kansans Respond.
Senators Petty, Hensley and Salisbury introduced the following Senate resolution, which
SENATE RESOLUTION No. 1805--
A RESOLUTION in memory of John F. Kuether.
WHEREAS, John F. Kuether, professor of law at Washburn University School of Law,
died January 12, 1999, in Topeka; and
WHEREAS, John F. Kuether, who had been named the William O. Douglas Outstanding
Professor at Washburn University by the class of 1990, had been a professor of law at
Washburn University since 1974 where he specialized in decedents' estates, trusts, com-
mercial law and property. He was a visiting professor at Temple Law School from 1980 to
1981 and taught at the Washburn University Summer Law Program in London in 1990,
1995 and 1997; and
WHEREAS, Professor Kuether served on the Probate Law Advisory Committee of the
Kansas Judicial Council from 1982 until his death. He was elected an Academic Fellow of
the American College of Trust and Estate Council in 1993. He served as president of the
Kansas Bar Association Real Property, Probate and Trust Law Section from 1986 to 1988,
and he had edited the section newsletter since 1977. He also chaired the American Bar
Association Real Property, Probate and Trust Law Section's Significant Developments Com-
mittee from 1989 to 1994; and
WHEREAS, Professor Kuether was a frequent lecturer at local and state continuing
education programs, and he had given bar review lectures since 1982. He served on the
Topeka Unified School District 501 Citizen Advisory Committee and the Boy Scout Troop
No. 41 Committee; and
WHEREAS, Professor Kuether was born February 5, 1943, at Geneva, Ill., the son of
Frederick Charles Kuether and Orithia Clark Steenis. He attended high school in Pelham,
N.Y. and graduated from Colgate University in 1965, where he was elected to the Phi Society
of Phi Beta Kappa and a member of the Alpha Tau Omega fraternity. He earned a law
degree at the University of Virginia in 1971, where he was a member of the board of editors
of the Virginia Law Review. He served in the Army from 1966 to 1972, including two years
of active duty with a tour in Vietnam with military intelligence. He was an associate with
the New York City law firm of Simpson, Thacher and Bartlett from 1971 to 1974; and
WHEREAS, John F. Kuether is survived by his wife, Annie, who represents the 55th
district in the Kansas House of Representatives, a daughter, Rebecca, a son, Theodore, his
mother, two sisters and a brother: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of John F. Kuether; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Mrs. John F. Kuether, 1346 SW Wayne, Topeka, Kansas
On emergency motion of Senator Petty SR 1805 was adopted unanimously.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, January 19,
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.