Journal of the Senate
|Senate Chamber, Topeka, Kansas|
The Senate was called to order by President Dick Bond.
|Monday, March 13, 2000--2:30 p.m.|
The roll was called with thirty-one senators present.
Senators Donovan, Gilstrap, Goodwin, Harrington, Jordan, Salmans, Stephens, Tyson and
Vidricksen were excused.
Invocation by Chaplain Fred S. Hollomon:
In this job it's hard enough to resist doing wrong, but we also have to avoid the appearance
of having done wrong.
Not only is it necessary
To make sure we are believed;
We also have to work at
How we are perceived.
It's not enough that we make sure
We're not guilty of deception;
We also have to cater to
Even though our highest goals
And objectives are achieved;
It won't matter if, in fact,
Wrong-doing is perceived.
We may be totally innocent,
But we'll also be naive;
If we are not sensitive
To how we are perceived.
Help us, Lord, to dot our I's
And cross all of our T's;
So we'll be so squeaky clean,
No one disagrees.
In the Name of Christ,
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and resolution were introduced and read by title:
SB 660, An act concerning capitol restoration; relating to the construction, equipping,
furnishing, renovation, reconstruction and repair of the state capitol; financing, by
Committee on Ways and Means.
SENATE CONCURRENT RESOLUTION No. 1643--
By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch,
Goodwin, Jones, Petty, Steineger and Stephens
A PROPOSITION to amend article 15 of the constitutionof the state of Kansas
by adding a new section thereto,relating to public retirement systems.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the Senate and two-thirds of the members elected (or
appointed) and qualified to the House of Representatives concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Article
15 of the constitution of the state of Kansas is hereby amended by adding a new section 16
thereto to read as follows:
``§ 16. Public retirement systems. (a) Public retirement systems shall be funded
on an actuarially sound basis. Public retirement system assets, including income and
actuarially required contributions, shall not be encumbered, diverted, reduced or
terminated and shall be held in trust to provide benefits to participants and participants'
beneficiaries and to defray administrative expenses.
(b) The governing boards of public retirement systems shall administer the systems,
including actuarial determinations, as fiduciaries of systems participants and participants'
(c) Membership in any public retirement system shall be an enforceable contractual
relationship and the accrued benefits of membership shall not be diminished or
Sec. 2. The following statement shall be printed on the ballot with the amendment as
``Explanatory statement. This amendment would require public retirement systems to
be funded on an actuarially sound basis. The assets shall be held in trust to provide
benefits to participants and beneficiaries and defray administrative costs and shall not
be used for any other purpose. The governing boards of public retirement systems are
fiduciaries for the participants and beneficiaries. Membership in a public retirement
system would be an enforceable contractual relationship and accrued benefits could not
be diminished or impaired.
``A vote for this proposition would provide constitutional protection for participants
and beneficiaries of public retirement systems by requiring actuarially sound funding,
trust nature of funds to provide benefits and defray administrative costs, fiduciary
responsibility of boards of public retirement systems and public retirement system
memberships as an enforceable contractual relationship with unimpairable accrued
``A vote against this proposition would retain the current status of law and not provide
these additional constitutional protections to participants and beneficiaries of public
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 2000 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: Sub HB 2971 (separately).
Financial Institutions & Insurance: HB 2997.
Ways and Means: SB 659; Sub HB 2971 (separately).
CHANGE OF REFERENCE
The President withdrew HB 2648 from the calendar under the heading of General
Orders, and referred the bill to the Committee on Judiciary.
MESSAGE FROM THE HOUSE
Announcing, the House nonconcurs in Senate amendments to HB 2641, requests a
conference and has appointed Reps. Hayzlett, Ballou and Larkin as conferees on the part
of the House.
The House nonconcurs in Senate amendments to HB 2862, requests a conference and
has appointed Reps. Tanner, Empson and Helgerson as conferees on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Pursuant to Rule 11 of the Senate Rules, I want to make a motion to withdraw Senate Bill
389 from committee. It is my understanding that such a motion shall be made in writing,
giving the reasons for withdrawal from the committee.
Mr. President, Kansas firefighters work everyday to ensure the safety of our citizens and
deserve to be honored by a grateful state with a memorial here on the grounds of the Kansas
Accordingly, I move that Senate Bill 389 be withdrawn from the Senate Committee on
Elections and Local Government and be placed on the calendar under the order of business
General Orders. I am making this motion so that the Senate may once again vote on the
creation of a firefighters memorial on the Statehouse grounds.
Senate Bill 389, as amended by the House, would authorize a memorial to Kansas firefighters
which would be placed on the grounds of the Statehouse in Topeka. The text of this bill is
virtually identical to 1999 Senate Bill 72, which originally passed the Senate on February
25, 1999, on a vote of 36 to 4.
With this memorial, firefighters will take their well earned place among other Kansans who
havemade the ultimate sacrifice on behalf of public safety. The fighters memorial would be
afitting companion to the law enforcement memorial already on the Statehouse grounds.
Last Wednesday, March 8, when Senate Bill 389, as amended by the House, was returned
to the Senate, the President invoked Senate Rule 75, and declared the bill to be materially
changed and rereferred the bill to committee.
I have no quarrel with those who wish to establish a plan for the addition of memorials to
the Statehouse grounds. I think that formalizing that procedure is a good idea, and I will
support it if it is considered in another separate bill, or if we amend Senate Bill 389 to
include its original provisions.
I supported the original version of Senate Bill 389, which would set up the guidelines for
approving the placement of memorials in the future. However, I do not believe that, in the
absence of such guidelines, we should refuse to even consider a memorial to the firefighters
of this state.
The Kansas Firefighters Memorial has strong support in both the House and Senate and I
believe it is time that the Kansas firefighters killed in the line of duty have a proper memorial
on the Statehouse grounds.
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends SB 607 be passed.
Also, Substitute for HB 2581 be amended by substituting a new bill to be designated
as ``Senate Substitute for Substitute for HOUSE BILL No. 2581,'' as follows:
``SENATE Substitute for Substitute for HOUSE BILL No. 2581
By Committee on Federal and State Affairs
``AN ACT concerning abortion; amending K.S.A. 1999 Supp. 65-6701, 65-6703,
65-6712 and 65-6721 and repealing the existing sections.'';
and the substitute bill be passed.
SB 608 be not passed.
Committee on Judiciary recommends HB 2673, as amended by House Committee, be
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 14,
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.