January 20, 1999

Journal of the Senate

SEVENTH DAY
______
Senate Chamber, Topeka, Kansas
Topeka, Kansas,Wednesday, January 20, 1999--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-nine senators present.

 Senator Hensley was excused.

 President Bond introduced as guest chaplain, Mitch Reece, Pastor of the Jetmore and
Hanston United Methodist Churches, who delivered the invocation:

       Dear Gracious Heavenly Father,

         We come before you this afternoon to recognize you as the one true God, the author
      of life, the creator of all good things. Lord, we bless you for reaching down out of your
      desire for intimacy and relationship with us to breathe in your own life giving breath.
      Father, we realize that everything we have comes from you and is an act of your grace:
      our lives, our homes, our families, our freedoms, our state and our nation. We know
      that without your allowance we could not continue to exist.

       Father, as we gather here, we realize that we are fallen, we are men and women who,
      because of our own pride and ignorance have often turned our backs on you, sought our
      own ways and the guidance of the world, which has led to broken relationships, injustice,
      and evil in various forms. Forgive us, Oh Lord, when we forsake the plans and guidance
      you have laid out for us in your word and dictate to us through your Holy Spirit.

       Lord, help each of us to see ourselves as a needy people. People who need your love,
      your guidance, your forgiveness and your redemption. We pray that we would not be a
      people that only seeks you in crisis, but a people that realize our daily, momentary need
      for you in our lives.

       Heavenly Father, I thank you for each Senator of this state whom you have raised to
      this important position of authority. I ask that you would grant them today, and in the
      days that follow, discernment and wisdom to know your heart and the courage to follow
      your ways that this state and its people would experience your blessing. Watch over their
      lives, protect them and their families and let them know the joy and peace that come as
      they follow after you. We pray all these things in the name that is above all other names,
      our Lord and savior Jesus Christ!

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 SB 72, An act concerning a memorial for Kansas firefighters on the state capitol grounds;
providing for an advisory committee, by Senator Hensley.

 SB 73, An act concerning insurance companies; property and casualty insurers; flood
insurance, by Committee on Financial Institutions and Insurance.

 SB 74, An act concerning insurance; relating to risk-based capital requirements;
amending K.S.A. 1998 Supp. 40-2c01 and repealing the existing section, by Committee on
Financial Institutions and Insurance.

 SB 75, An act concerning insurance; amending K.S.A. 1998 Supp. 40-2122 and repealing
the existing section, by Committee on Financial Institutions and Insurance.

 SB 76, An act concerning the preservation of historic theaters; amending K.S.A. 1998
Supp. 12-1770, 12-1771 and 12-1774 and repealing the existing sections, by Committee on
Commerce.

 SB 77, An act regulating traffic; concerning the maximum speed limits for certain
vehicles; amending K.S.A. 1998 Supp. 8-1558 and repealing the existing section, by
Committee on Transportation and Tourism.

 SB 78, An act relating to property taxation; concerning the exemption of certain farm
machinery and equipment; amending K.S.A. 79-201j and repealing the existing section, by
Senator Morris.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolution were referred to Committees as indicated:

 Agriculture: SB 64, 65.

 Assessment and Taxation: SB 67.

 Commerce: SB 69.

 Elections and Local Government: SB 68.

 Energy and Natural Resources: SB 70.

 Public Health and Welfare: SB 71.

 Transportation and Tourism: SB 66; SCR 1608.

COMMUNICATIONS FROM STATE OFFICERS
    KANSAS LEGISLATIVE RESEARCH DEPARTMENT
  December 1998
   The Kansas Legislative Research Department submitted a supplement to the Committee
Reports to the 1999 Kansas Legislature. The reports contain the following committees: the
Special Committee on Rail Transportation, the Special Committee on Information
Management, the Joint Committee on Children's Issues, the Joint Committee on
Corrections and Juvenile Justice Oversight, and the Task Force on Mental Health Services.

    KANSAS WATER OFFICE
  December 22, 1998
   Al LeDoux, Director, submitted four water supply contracts negotiated under the State
Water Plan Storage Act (K.S.A. 82a-1301 et al.) and approved by the Kansas Water Authority
during the calendar year 1998.

 They included the contract between the State of Kansas and the Public Wholesale Water
Supply District No. 4, State of Kansas (Water Purchase Contract No. 98-1); between the
State of Kansas and Jost Farms (Surplus Water Purchase Contract Number 98-02); between
the State of Kansas and Jost Farms (Surplus Water Purchase Contract Number 98-03); and
between the State of Kansas and Johnson County Rural Water District Number 7 (Water
Purchase Contract No. 98-4).

   The President announced the above communications are on file in the office of the
Secretary of the Senate and are available for review at any time.

REFERRAL OF WATER SUPPLY CONTRACTS
 The President referred the water supply contracts submitted by Al LeDoux, Director,
Kansas Water Office, to the Committee on Energy and Natural Resources.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2027.

 Also, adoption of HCR 5007.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2027; HCR 5007 were thereupon introduced and read by title.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and HCR 5007 was advanced to Final Action, subject to amendment, debate and roll call.

 HCR 5007, A CONCURRENT RESOLUTION adopting joint rules for the Senate and
House of Representatives for the 1999-2000 biennium, by Representatives Jennison and
Garner.

      On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.

      Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.

      Absent or not voting: Hensley.

      The resolution was adopted.

REPORTS OF STANDING COMMITTEES
      The Committee on Transportation and Tourism recommends SB 51 be amended on
page 1, following line 14, by inserting the following section:

        ``Section  1. K.S.A. 8-132 is hereby amended to read as follows: 8-132. (a) Subject to
the provisions of this section and K.S.A. 8-1,125, and amendments thereto, the division of
vehicles shall furnish to every owner whose vehicle shall be registered one license plate for
such vehicle. Such license plate shall have displayed on it the registration number assigned
to the vehicle and to the owner thereof, the name of the state, which may be abbreviated,
and the year or years for which it is issued. The same type of license plates shall be issued
for passenger motor vehicles, rented without a driver, as are issued for private passenger
vehicles.

      (b) During calendar year 1975 commencing on the effective date of this act, and during
every fifth calendar year thereafter, the division of vehicles, shall furnish one license plate
for any type of vehicle an owner registers or has the registration thereof renewed, but during
the succeeding four-year period following calendar year 1975 and during the succeeding
four-year period following every fifth calendar year subsequent to 1975, the division of
vehicles shall not furnish any license plate for the renewal of a vehicle's registration. During
calendar year 1976 and during each calendar year thereafter in which a license plate is not
issued for the renewal of registration of a vehicle, the division of vehicles shall furnish one
decal for the license plate issued for a vehicle as provided in K.S.A. 8-134, and amendments
thereto, for each registration and renewal of registration of such vehicle. Notwithstanding
the foregoing provisions of this subsection, whenever, in the discretion of the director of
vehicles, it is determined that the license plates currently being issued and displayed are
not deteriorating to the extent that their replacement is warranted, the director may adopt
rules and regulations to extend the five-year issuance cycle provided for in this subsection
by one year at a time, and in the same manner the director may further extend such cycle
by one year at a time, successively as the director determines appropriate. If the cycle is
extended, at the expiration of the extended term, new license plates shall again be issued in
the manner and for the term provided in such rules and regulations.

      (c) Two personalized license plates may be issued to any owner of a passenger vehicle
or a truck licensed for a gross weight of not more than 16,000 20,000 pounds, who makes
proper application to the division of vehicles not less than 60 days prior to such owner's
renewal of registration date. Such application shall be on a form prescribed by the division
and accompanied by a fee of $40, which shall be in addition to any other fee required to
renew the registration of such passenger vehicle under the laws of this state. One such
personalized license plate shall be displayed on the rear of the vehicle and the other shall
be displayed on the front of the vehicle. One personalized license plate may be issued to
any owner of a motorcycle upon proper application in the same manner provided in this
subsection (c) for passenger vehicles and trucks. Such personalized license plate shall be
displayed on the rear of the motorcycle. The changed provisions of this subsection (c) shall
become effective for all personalized license plates issued for the year 1985 and thereafter,
and the provisions of this subsection (c) which are changed shall be deemed not to be
changed for license plates issued for use prior to 1985. Such fee shall be paid only once
during the registration period for which such license plates were issued, and any subsequent
renewals during the registration period shall be subject only to the registration fee prescribed
by K.S.A. 8-143, and amendments thereto. The division shall design distinctive, personalized
license plates to be issued hereunder which shall contain not more than seven letters or
numbers on truck or passenger vehicle license plates and not more than five letters or
numbers on motorcycle license plates, or a combination thereof, to be designated by the
applicant in lieu of the letters and numbers required by K.S.A. 8-147, and amendments
thereto, other than the letters required to designate the county in which such vehicle is
registered. Unless the letters or numbers designated by the applicant have been assigned
to another vehicle of the same type registered in the same county, or unless the letters or
numbers designated by the applicant have a profane, vulgar, lewd or indecent meaning or
connotation, as determined by the director of vehicles, the division shall assign such letters
or numbers to the applicant's vehicle, and the letters or numbers, or combination thereof,
so assigned shall be deemed the registration number of such vehicle. Subject to the foregoing
provisions, all license plates issued under this section shall be manufactured in accordance
with K.S.A. 8-147, and amendments thereto. Such license plates shall be issued for a
registration period of five years commencing in 1985 and each five years thereafter.

      The secretary of revenue shall adopt rules and regulations necessary to carry out the
provisions of this act, including, without limitation, rules and regulations concerning (1) the
procedure for insuring that duplicate license plates are not issued in the same county, (2)
the procedure for reserving distinctive license plates for the purpose of obtaining the same
on each annual renewal of registration, (3) the procedure for allowing the transfer of
personalized license plates from one vehicle to another for which such license plates were
originally issued, when the title to the original vehicle has not been transferred and the
name or names of the owner or owners listed on the titles to both vehicles are identical,
and (4) procedures necessary to coordinate this act with other laws of this state governing
registration of vehicles. The director of vehicles shall remit all moneys received by the
division of vehicles under this section to the state treasurer at least monthly. Upon receipt
of each such remittance, the state treasurer shall deposit the entire amount thereof in the
state treasury to the credit of the state highway fund.'';

      Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 20, by
striking ``16,000'' and inserting ``20,000'';

      On page 2, following line 15, by inserting the following sections:

      ``Sec.  2. K.S.A. 8-162 is hereby amended to read as follows: 8-162. Owners of private
passenger motor vehicles or trucks licensed for a gross weight of not more than sixteen
thousand (16,000) 20,000 pounds who are residents of the state of Kansas, and who hold
an unrevoked and unexpired official amateur radio station license issued by the federal
communications commission, upon application, accompanied by proof of ownership of such
amateur radio station license, complying with the state motor vehicle laws relating to
registration and licensing of motor vehicles, and upon the payment of the regular license
fee for plates, as prescribed under K.S.A. 8-143, or any and amendments thereto, and the
payment of an additional fee of one dollar ($1.00) $1, shall be issued license plates as
prescribed under K.S.A. 8-147, or any and amendments thereto, upon which, in lieu of the
letters and numbers as prescribed by K.S.A. 8-147, and amendments thereto, shall be
inscribed the official amateur radio call letters of such applicant as assigned by the federal
communications commission.

      Sec.  3. K.S.A. 1998 Supp. 8-177a is hereby amended to read as follows: 8-177a. (a) Any
owner of one or more passenger vehicles or trucks registered for a gross weight of not more
than 16,000 20,000 pounds who is a resident of the state of Kansas, and who is a regularly
enlisted or retired, warrant or commissioned member of the Kansas national guard, upon
compliance with the provisions of this section, may be issued one distinctive license plate
for each such motor vehicle or truck that is not required to be registered with the state
corporation commission designating the owner of such vehicle as a member or retired
member of the Kansas national guard. Such license plates shall be issued for the same period
of time as other license plates upon proper registration and payment of the regular license
fee as provided in K.S.A. 8-143, and amendments thereto.

      (b) Any such member or retired member of the Kansas national guard may make
application for such distinctive license plates, not less than 60 days prior to such member's
renewal of registration date, on a form furnished by the director of vehicles, and any
applicant for such distinctive license plates shall furnish the director with such applicant's
armed forces of the United States identification card as proof that the applicant is a member
or a retired member of the Kansas national guard. Application for the registration of
passenger vehicles or trucks and issuance of the distinctive license plates under this section
shall be made by the owner in a manner prescribed by the director of vehicles upon forms
furnished by the director.

      (c) No registration or distinctive license plate issued under this section shall be
transferable to any other person.

      (d) Renewals of registration under this section shall be made annually, upon payment
of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant has filed with the director a form as provided in subsection (b). If such
form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and
amendments thereto, and return the distinctive license plates to the county treasurer of
such person's residence.

      (e) The adjutant general, with the approval of the director of vehicles and subject to
the availability of materials and equipment, shall design a distinctive license plate for
issuance to members and retired members of the Kansas national guard.'';

      By renumbering sections accordingly;

      Also on page 2, in line 25, by striking ``16,000'' and inserting ``20,000'';

      On page 3, in line 24, by striking ``16,000'' and inserting ``20,000'';

      On page 4, in line 23, by striking ``16,000'' and inserting ``20,000'';

      On page 5, in line 21, by striking ``16,000'' and inserting ``20,000'';

      On page 6, in line 41, by striking ``16,000'' and inserting ``20,000'';

      On page 7, in line 31, by striking ``16,000'' and inserting ``20,000'';

      On page 8, in line 21, by striking ``8-161'' and inserting ``8-132, 8-161, 8-162''; also in line
21, following ``Supp.'' by inserting ``8-177a,''; in line 24, by striking ``statute book'' and
inserting ``Kansas register'';

      On page 1, in the title, in line 10, by striking ``8-161'' and inserting ``8-132, 8-161, 8-162'';
also in line 10, following ``Supp.'' by inserting ``8-177a,''; and the bill be passed as amended.

REPORT ON ENROLLED BILLS
 SR 1804, 1805 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on January 19, 1999.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m, Thursday, January 21,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.