February 5, 1999
Journal of the Senate
|Senate Chamber, Topeka, Kansas|
The Senate was called to order by President Dick Bond.
|Friday, February 5, 1999--9:00 a.m.|
The roll was called with thirty-seven senators present.
Senators Feleciano, Harrington and Praeger were excused.
Invocation by Chaplain Fred S. Hollomon:
We are grateful for the blessings of technology, but perhaps we should be even more
grateful that prayer has not been taken over by high tech.
I can imagine we would have to buy a prayer phone and when we tried to call You,
O God, we would have to:
Press 1 if we have a complaint.
Press 2 if we have a request.
Press 3 if we have a confession.
And if we press 3 we would hear:
Press 1 if you want to confess idolatry.
Press 2 if you want to confess profanity.
Press 3 if you want to confess a crime.
And if we press 3 we would hear:
Press 1 if your crime is a misdemeanor.
Press 2 if your crime is felony.
And on and on.
Thank You, Lord, that we don't need a prayer phone to pray. We don't need to press
anything. All we have to do is think what we want You to know and our prayer is heard.
Thank You, Lord, that You have given us no excuse for not praying.
I pray in the Name of Christ,
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 252, An act relating to property taxation; concerning tax levy rate limitations on certain
governmental units; amending K.S.A. 2-610, 2-1318, 2-1319, 2-1322, 2-2007, 3-121, 12-
1403, 12-1405, 12-1617h, 19-236, 19-807d, 19-2803, 19-2803e, 19-3105, 19-3106, 19-3305,
19-4004, 19-4011, 19-4102, 65-212, 68-166, 68-518c, 68-582, 73-407, 76-326a, 79-1945, 79-
1946, 79-1962, 80-115, 80-119, 80-808, 80-903, 80-932, 80-1417, 80-1503, 80-1509, 80-
1537, 80-1806, 80-1903, 80-1909, 80-1916, 80-1920, 80-1921, 80-1924, 80-2006, 80-2021,
80-2201, 80-2204 and 82a-308 and repealing the existing sections; also repealing K.S.A. 79-
1947, 79-1947b, 79-1948, 79-1949, 79-1950, 79-1951, 79-1952 and 79-1953, by Committee
on Assessment and Taxation.
SB 253, An act concerning insurance and insurance guaranty association assessments;
reciprocity under certain conditions of certain amounts; amending K.S.A. 40-2702, 40-3006
and 40-3009 and repealing the existing sections, by Committee on Financial Institutions
SB 254, An act concerning elections; relating to campaign finance; amending K.S.A. 25-
4142 and repealing the existing section, by Senator Huelskamp.
SB 255, An act concerning employment; providing for a fair share representation fee to
be paid to certain labor organizations under certain circumstances; relating to procedures,
rights and duties; amending K.S.A. 44-803 and repealing the existing section, by Senators
Hensley, Barone, Biggs, Feleciano, Gilstrap, Gooch, Goodwin, Jones, Petty, Steineger and
SB 256, An act concerning public works projects for state agencies; prescribing payment
of minimum wages for work thereon and preferences for certain employees to work thereon,
by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Jones,
Lee, Petty and Steineger.
SB 257, An act concerning siting of certain electric generation facilities; amending K.S.A.
66-1,159, 66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-
1,158 and 66-1,169b and repealing the existing sections, by Committee on Utilities.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 242, 250.
Commerce: SB 234, 235, 236, 237.
Elections and Local Government: SB 244, 245, 247.
Energy and Natural Resources: SB 246.
Federal and State Affairs: SB 238, 239.
Financial Institutions & Insurance: SB 240, 241; HB 2088.
Utilities: SB 243.
Ways and Means: SB 248, 249, 251.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Langworthy, Becker, Bond, Jordan and Vratil introduced the following Senate
resolution, which was read:
SENATE RESOLUTION No. 1813--
A RESOLUTION congratulating and commending Julie Miller.
WHEREAS, Julie Miller is retiring after serving 16 years on the Shawnee Mission Board
of Education and five years on the North Advisory Board; and
WHEREAS, Julie Miller served as president of the Shawnee Mission Board of Education
twice, from 1988-89 and from 1992-93. She also served as vice-president three times and
was President of the National Federation of Urban/Suburban School Districts during the
1996-97 school year. The are she represented included Westwood, Westwood Hills,
Countryside, Roeland Park, Mission, Merriam, a sizeable part of Overland Park and several
precincts in Shawnee. Prior to her election to the school board, she served on the North
Advisory Board for five years. She has worked with three superintendents; and
WHEREAS, Julie Miller cities school finance as the biggest challenge of the school board,
particularly now since school funding is processed through the state, and recalls with pride
and pleasure the ability of the board to have bond issues approved and to modernize and
build new buildings during her tenure on the board; Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Julie Miller for her 21 years of service to public education; and
Be it further resolved: That the Secretary of the Senate be directed to provide an enrolled
copy of this resolution to Senator Langworthy.
On emergency motion of Senator Langworthy SR 1813 was adopted unanimously.
Senator Jones introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1814--
A RESOLUTION in memory of Reverand Doctor Edward A. Freeman.
WHEREAS, Reverand Doctor Edward A. Freeman, 84, retired minister of the First
Baptist Church in Kansas City, died January 26; and
WHEREAS, Reverand Freeman became pastor of the First Baptist Church in June 1946
and retired from this position in June 1996--a period of 50 years' service causing him to be
hailed by many as a ``Twentieth Century Giant''; and
WHEREAS, During those 50 years his accomplishments were many at First Baptist and
in the local, national and international communities. His style was visionary and his driving
passion was to help and empower people. The Rev. Dr. Freeman helped the local
community in the fight for civil rights as a community activist and president of the Kansas
City Chapter of the NAACP; by serving on the Kansas City, Kansas, Planning Commission
from 1955 to 1995 and by chairing this committee for 29 years; by serving as a member of
the Kansas Board of Probation and Parole; by serving as president of the Missionary Baptist
State Convention of Kansas; by serving on the Kansas City, Kansas, Crime Prevention
Council; by serving for many years on the Board of Directors of the Douglass National
Bank, and by interceding in numerous, personal, business, and church matters at the request
of those involved. He served as president of the Missionary Baptist State Convention of
Kansas; president of the Sunday School and Baptist Training Union Congress of the National
Baptist Convention, USA; and first vice president of the Baptist World Alliance for five years
in the 1980s. As a strong advocate for higher education, with a special interest in the
development of young members of the clergy, Dr. Freeman served as adjunct professor at
Central Baptist Theological Seminary for many years, as well as serving as a member of the
Board of Directors; and
WHEREAS, He traveled all over the world, often by request, to work with people of
different faiths, races, ethnic backgrounds and cultures. During the hostage crisis in 1980,
he and three other African-American ministers went to Iran to meet with Iranian religious
leaders to try to open up a dialogue with the Islamic religious leaders. In 1994, he led a
delegation from the Kansas City area to South Africa to invite Nelson Mandela to Kansas
City. Although a visit could not be scheduled at that time, the team made valuable contacts
with officials of President Mandela's government; and
WHEREAS, Dr. Freeman has been the recipient of numerous awards. The most recent
ones: The Meeker Award from Ottawa University, which is given to individuals who have
demonstrated a life of sacrifice, service to the disadvantaged, profound stewardship of life
and unrelenting humanitarian services, worthiness of emulation and a limited role model;
and the Martin Luther King Jr. Citizenship Award for community service, which embraced
the philosophy of Dr. King, presented by the Kansas City, Kansas, Martin Luther King Jr.
Holiday Celebration Committee; and
WHEREAS, Surviving are his wife, Ruth Anthony Freeman; two sons, Edward A.
Freeman Jr., San Diego, California, and William N. Freeman, Kansas City, Missouri; one
daughter, Constance M. Lindesay, Kansas City, Missouri; six grandchildren; and one great-
grandchild: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family of the Reverand Doctor Edward A. Freeman; and
Be it further resolved: That the Secretary of the Senate be directed to provide four
enrolled copies of this resolution to Mrs. Edward A. Freeman, 3620 Oak, Kansas City,
Kansas 66104 and one copy to Senator Jones.
On emergency motion of Senator Jones SR 1814 was adopted unanimously.
Senators Salisbury, Hensley and Petty introduced the following Senate resolution, which
SENATE RESOLUTION No. 1815--
A RESOLUTION congratulating and commending the 1998 Hayden
High School varsity football team.
WHEREAS, Hayden High School, a private, Catholic school in Topeka, won the 1998
Kansas Class 4A state football championship; and
WHEREAS, The Hayden High School varsity team was undefeated in the 1998 season,
achieving a record of 13 wins versus 0 losses. They won the Centennial League championship
and decisively defeated Holton High School 52-27 on November 21, 1998, to win the Kansas
Class 4A state championship game; and
WHEREAS, The 1998 Hayden High School championship team was powered by a
formidable offensive line. Senior running back Dan Davis, who rushed for 5,598 career
yards, rushed for 2,585 yards, 34 touchdowns and 220 points during the 1998 season and
was named the Gator Aid Kansas player of the year. Senior John Tetuan also generated
1,976 yards of offense as the starting quarterback. Both Davis and Tetuan received all-
league and all-state honors; and
WHEREAS, The Hayden High School football team was led and inspired by head coach
Tom Stringer; assistant coaches were Brett Cowdin, Chris Hansen, John Muehlberger, Brad
Qualls, Lee Schmidt and Chris Shanks; and
WHEREAS, The 50 young men on the 1998 football team included: Shawn Menke, Jesse
Tetuan, John Tetuan, Jr., Jared Dittmer, Jared Letourneau, David Nimz, Jerad Head, Justin
Montgomery, Cassidy McCrite, Tyler Parrish, John Hoytal, Eddie McGlinn, Mike Everett,
Fred Davis, Rory O'Donovan, Justin Poell, Chad Mohwinkle, Dan Davis, Mac Darnall, Karl
Singer, John Shea, Casey Wright, Anthony Appelhanz, Jeremy Branson, Greg Schmidtlein,
Randy Munoz, Adam Michel, Tim Watts, Blain Tollefson, Jason Stanhope, Aaron Freeman,
Matt Flax, Lenny Meier, Matt Hamilton, Kevin Kent, Matt Brack, Adam Hutzell, James
Kent, Andrew Nimz, Brad Hanika, Jerry Baker, Jacob Torrez, Ronaldo Barron, Rob Askin,
Taylor Hill, Rob Messinger, Corey Menke, Doug Hubbell, Juan Ortiz, Michael Scheve; and
WHEREAS, Hayden High School has established a tradition of excellence in athletic
WHEREAS, The 1998 team was encouraged and cheered on by the student body, faculty,
staff, administration and loyal alumni of Hayden High School: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the entire 1998 Hayden High School football team, its coaching staff and the school for
being the 1998 Kansas Class 4A football champions; and
Be it further resolved: That the Secretary of the Senate be directed to provide 57 enrolled
copies of this resolution to Senator Salisbury.
On emergency motion of Senator Salisbury SR 1815 was adopted unanimously.
Senator Salisbury introduced and congratulated Head Coach Tom Stringer, Seniors Dan
Davis and John Tetuan and team members.
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:
Adjutant General: K.S.A. 48-203
Colonel Gregory B. Gardner, serves at the pleasure of the Governor
Committee on Transportation and Tourism recommends SCR 1608 be amended by
substituting a new concurrent resolution to be designated as ``Substitute for SENATE
CONCURRENT RESOLUTION NO. 1608,'' as follows:
``Substitute for SENATE CONCURRENT RESOLUTION NO. 1608
By Committee on Transportation and Tourism
``A CONCURRENT RESOLUTION urging the United States Congress to repeal Section
656(b) of P.L. 104-208.'';
and the substitute concurrent resolution be adopted.
SCR 1610 reported correctly enrolled, properly signed and presented to the Secretary
of State on February 5, 1999.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, February 8,
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.