Journal of the Senate FIFTY-FIFTH DAY
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APRIL 2, 2008 1717 Journal of the Senate FIFTY-FIFTH DAY SENATE CHAMBER,TOPEKA,KANSAS Wednesday, April 2, 2008—9:00 a.m. The Senate was called to order by President Stephen Morris. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, I pray today as if I were a Senator. I am a Senator, Lord. I was elected by the people of my district. I believed I could do something for my people. I still believe I can help them. Sometimes I am tempted to quit trying. But I do not want to lose my vision for my people. I have opportunities to cut corners that should not be cut. But I am not that kind of person. I will not sacrifice my integrity for any kind of victory. I will not make promises I do not intend to keep. I may not accomplish all that I had hoped for. But I will keep on trying. And most of all, Lord, I will do my best to keep my commitment to You. I pray in the Name of Jesus Christ, AMEN The Pledge of Allegiance was led by President Stephen Morris. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committees as indicated: Federal and State Affairs: HB 2978. Ways and Means: HB 2685, HB 2983, HB 2991. MESSAGE FROM THE HOUSE Announcing rejection of House Substitute for SB 15; House Substitute for Substi- tute for SB 214; House Substitute for SB 294; SB 401, SB 426, SB 498, SB 511, SB 519, SB 561, SB 563; Substitute SB 549, Substitute SB 596; SB 612. The House announces the appointment of Representative Ruff to replace Representative Peterson as a conferee on SB 46. CHANGE OF CONFERENCE The President announced the appointment of Senator Hensley as a member of the Con- ference Committees on HB 2217, HB 2307 to replace Senator Betts. 1718 JOURNAL OF THE SENATE The President announced the appointment of Senators Schodorf, Teichman and Lee as members of the Conference Committee on HB 2858 to replace Senators Umbarger, Emler and Kelly. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 620, An act concerning school districts; relating to funding for special education, was considered on final action. On roll call, the vote was: Yeas 30, Nays 9, Present and Passing 0, Absent or Not Voting 1. Yeas: Apple, Barone, Betts, Bruce, Brungardt, Emler, Francisco, Gilstrap, Goodwin, Ha- ley, Hensley, Huelskamp, Journey, Kelly, Lee, McGinn, Morris, Ostmeyer, Palmer, Peter- sen, Pine, Pyle, Reitz, Schmidt V, Schodorf, Steineger, Taddiken, Teichman, Umbarger, Wagle. Nays: Allen, Brownlee, Donovan, Jordan, Lynn, Schmidt D, Vratil, Wilson, Wysong. Absent or Not Voting: Barnett. The bill passed, as amended. EXPLANATION OF VOTE MR.PRESIDENT: We vote no on SB 620. This bill does not address the inequities in funding that our schools suffer in Johnson County. A school funding formula that pays some school districts much more than 100% of actual costs while denying adequate funding to others should be amended. We have for so long argued and voted for more money for all Kansas schools although Johnson County continues to be number 269 out of 298 in per pupil funding. We can no longer support a flawed funding formula. — BARBARA P. ALLEN Senators Brownlee, Jordan, Lynn, Vratil, Wilson and Wysong request the record to show they concur with the ‘‘Explanation of Vote’’ offered by Senator Allen on SB 620. MR.PRESIDENT: I vote ‘‘no’’ on SB 620. There is a mindset that seems to say that Johnson county school districts are not entitled to their share of the special education funds that should be guaranteed by state law. State statute indicates that 92% of excess costs should be provided by the state. The post audit reveals all six Johnson county districts receive less than this; five districts receive less than 70%. Compare this to the districts which receive as much as 200%. This must be addressed. — KARIN BROWNLEE Senators Allen, Jordan, Lynn, Vratil and Wilson request the record to show they concur with the ‘‘Explanation of Vote’’ offered by Senator Allen on SB 620. MR.PRESIDENT: Ending my 4th year in the Senate, it has amazed me and continues to amaze me how this body continues to vote against additional monies for my students in the Shawnee Mission School District. This body knows how much money we send out-state, yet my district continues to be underfunded. Yesterday’s amendment cost my district $3.5 million. In my four years, I haven’t heard Johnson County Legislators ask for much. For my School District and my students, this Senator is extremely disappointed. — DAVID WYSONG Senator Vratil requests the record to show he concurs with the ‘‘Explanation of Vote’’ offered by Senator Wysong on SB 620. SB 672, An act relating to public finance; creating the Kansas taxpayer transparency act; concerning the Kansas governmental operations accountability law; relating to audits; amending K.S.A. 74-7284, 74-7285 and 74-7287 and K.S.A. 2007 Supp. 46-1226 and re- pealing the existing sections; also repealing K.S.A. 74-7286, 74-7289, 74-7290, 74-7291, 74- 7292, 74-7293, 74-7294, 74-7296, 74-7298, 74-7299, 74-72,100, 74-72,101, 74-72,102, 74- 72,104, 74-72,106, 74-72,107 and 74-72,108 and K.S.A. 2007 Supp. 46-1131, 74-7295 and 74-72,103, was considered on final action. On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting 1. Yeas: Allen, Apple, Barone, Betts, Brownlee, Bruce, Brungardt, Donovan, Emler, Fran- cisco, Gilstrap, Goodwin, Haley, Hensley, Huelskamp, Jordan, Journey, Kelly, Lee, Lynn, APRIL 2, 2008 1719 McGinn, Morris, Ostmeyer, Palmer, Petersen, Pine, Pyle, Reitz, Schmidt D, Schmidt V, Schodorf, Steineger, Taddiken, Teichman, Umbarger, Vratil, Wagle, Wilson, Wysong. Absent or Not Voting: Barnett. The bill passed, as amended. SB 693, An act concerning transportation; relating to intermodal transportation projects, and providing for the financing thereof, was considered on final action. On roll call, the vote was: Yeas 34, Nays 4, Present and Passing 1, Absent or Not Voting 1. Yeas: Allen, Apple, Barone, Betts, Brownlee, Bruce, Brungardt, Donovan, Emler, Gil- strap, Goodwin, Haley, Hensley, Jordan, Journey, Kelly, Lee, Lynn, McGinn, Morris, Ost- meyer, Petersen, Pine, Reitz, Schmidt D, Schmidt V, Schodorf, Steineger, Taddiken, Teich- man, Umbarger, Vratil, Wagle, Wilson. Nays: Francisco, Huelskamp, Palmer, Pyle. Present and Passing: Wysong. Absent or Not Voting: Barnett. The bill passed, as amended. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senators Morris, Hensley, Allen, Apple, Barnett, Barone, Betts, Brownlee, Bruce, Brun- gardt, Donovan, Emler, Francisco, Gilstrap, Goodwin, Haley, Huelskamp, Jordan, Journey, Kelly, Lee, Lynn, McGinn, Ostmeyer, Palmer, Petersen, Pine, Pyle, Reitz, D. Schmidt, V. Schmidt, Schodorf, Steineger, Taddiken, Teichman, Umbarger, Vratil, Wagle, Wilson and Wysong introduced the following Senate resolution, which was read: introduced the follow- ing Senate resolution, which was read: SENATE RESOLUTION No. 1852— A RESOLUTION honoring Arden K. Ensley. WHEREAS, Arden K. Ensley served as Revisor of Statutes from 1979 to 1989, and served more than 38 years in the Office of Revisor of Statutes, providing invaluable and dedicated service to the Kansas Legislature; and WHEREAS, Arden Ensley was born on September 25, 1927, the son of Daniel D. and Sarah Henderson Ensley. He grew up in Columbus and Hepler, Kansas, where he graduated from high school in 1945; and WHEREAS, Arden Ensley served in the United States Army and spent time as part of the occupation forces in Germany and Hungary following World War II; and WHEREAS, Arden Ensley earned a Bachelor of Science degree from Kansas State Uni- versity in 1951, and a law degree from Washburn University Law School in 1954; and WHEREAS, Arden Ensley married Rita Knisel on October 2, 1954, in Topeka. They were blessed with four children and six grandchildren. Arden was a beloved husband, father and grandfather, and deeply loved his family; and WHEREAS, Arden Ensley’s long-standing interest in the area of local government law began when he took a job with the League of Kansas Municipalities in 1956. As a staff attorney and later as general counsel for the League, he was deeply involved in the drafting of the city Home Rule Amendment to the Kansas Constitution; and WHEREAS, Arden Ensley began working in the Office of Revisor of Statutes in 1965 on a full-time basis as a Second Assistant Revisor, was appointed First Assistant Revisor in 1974 and was appointed Revisor of Statutes by the Legislative Coordinating Council on July 18, 1979; and WHEREAS, As Revisor of Statutes, Arden Ensley provided leadership to his staff to enable them to provide to the Legislature of the State of Kansas the highest quality bill drafting services and legal consultation. His legal opinions were well respected and relied on by legislative members because of his consistent, accurate and nonpartisan approach to meeting needs of this institution; and WHEREAS, Arden Ensley was responsible for editing the Kansas Statutes Annotated for many years, and is remembered for his conscientious attention to details and the high standards he maintained in the preparation and publication of the laws of the State of Kansas; and 1720 JOURNAL OF THE SENATE WHEREAS, Over the years, attorneys in the Office of Revisor of Statutes developed their skills under his tutelage and owe their success and legal development to his legal and drafting expertise and his willingness to share his knowledge and experience with those he supervised; and WHEREAS, Everyone who had contact with Arden Ensley appreciated his exceptional work ethic, patience, compassion, leadership, calmness, fairness, optimism and sense of humor but most of all his willingness to genuinely listen to anyone who needed to talk with him whether it was of a professional or personal nature; and WHEREAS, Arden Ensley possessed significant legal knowledge and expertise in virtu- ally all areas of law in which the Office of Revisor of Statutes provided drafting and legal services but was most recognized for his incomparable knowledge and command of the Constitution of the State of Kansas as the preeminent resource on that document in the Statehouse; and WHEREAS, Although Arden K.