January 27, 1999

Journal of the Senate

TWELFTH DAY
______
Senate Chamber, Topeka, Kansas
Wednesday, January 27, 1999-2:30 p.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-nine senators present.

 Senator Feleciano was excused.

 Vice-President Salisbury introduced Senator Gilstrap, who delivered the invocation:

       Heavenly Father,

         Bless and protect us from all harm and danger and bring us home safely and all our
      special intentions.

       Bless this world, and all who dwell therein, with peace and justice for all.

       We pray for our elected officials and ask that you guide our good intentions. Bless
      our hearts, minds, bodies and souls with faith, hope, love, patience, trust, kindness,
      fortitude, wisdom, knowledge, understanding, wit, and humor.

       Bless us with good health and a peaceful death, but not to soon.

       Heavenly Father, please send us more angels, saints, prophets, and apostles to work
      the harvest. Be merciful unto us all.

       We ask all these things in the name of your son, who sits at your right hand, who will
      come to judge the living and the dead, and whose kingdom has no end.

         Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   SB 145, An act concerning the Kansas veterinary practice act; amending K.S.A. 47-817,
47-818, 47-819, 47-821, 47-824, 47-825, 47-829, 47-830, 47-832, 47-834, 47-839, 47-840,
47-842, 47-843 and 47-844 and K.S.A. 1998 Supp. 47-816 and repealing the existing sections;
also repealing K.S.A. 47-823 and K.S.A. 1998 Supp. 47-826, by Committee on Agriculture.

 SB 146, An act concerning elections; relating to campaign finance; amending K.S.A. 25-
4142 and K.S.A. 1998 Supp. 25-4143 and repealing the existing sections, by Senator
Hardenburger.

 SB 147, An act concerning taxation; relating to real estate sales validation questionnaires;
amending K.S.A. 79-1437e and repealing the existing section, by Committee on Judiciary.

 SB 148, An act concerning courts; relating to district magistrate judges; residency
requirements; amending K.S.A. 20-334 and repealing the existing section, by Committee
on Judiciary.

 SB 149, An act concerning the Kansas juvenile offenders code; sanctions house definition;
amending K.S.A. 1998 Supp. 38-1602 and repealing the existing section; also repealing
K.S.A. 1998 Supp. 38-1602a, by Committee on Judiciary.

 SB 150, An act concerning domestic relations; relating to divorce and maintenance;
custody and residency; amending K.S.A. 60-1612, 60-1614, 60-1615 and 60-1617 and K.S.A.
1998 Supp. 60-1607, 60-1610, 60-1616 and 60-1620 and repealing the existing sections, by
Committee on Judiciary.

 SB 151, An act concerning insurance companies; relating to viatical settlements; repealing
K.S.A. 40-2,140, 40-2,141, 40-2,142, 40-2,143, 40-2,144, 40-2,145, 40-2,146, 40-2,147, 40-
2,148, 40-2,149, 40-2,150, 40-2,151 and 40-2,152, by Committee on Financial Institutions
and Insurance.

 SB 152, An act relating to insurance; concerning licensing requirements for insurance
agents; amending K.S.A. 40-241c, 40-241j, 40-3707 and 40-3711 and K.S.A. 1998 Supp. 40-
240, 40-240f, 40-241, 40-241i, 40-246 and 40-3706 and repealing the existing sections, by
Committee on Financial Institutions and Insurance.

 SB 153, An act relating to transportation; providing for a comprehensive transportation
program; amending K.S.A. 12-1,119, 68-2033, 68-2073, 68-2096, 68-2315, 68-2316, 75-
5035, 75-5048 and 75-5061 and K.S.A. 1998 Supp. 12-187, 68-416 and 68-2314 and
repealing the existing sections; also repealing K.S.A. 68-417, 68-417a and 68-417b, by
Committee on Transportation and Tourism.

 SB 154, An act relating to public transportation; providing for access to certain public
accommodations; penalties, by Committee on Transportation and Tourism.

 SB 155, An act authorizing boards of education of school districts to establish and
maintain charter schools; also repealing K.S.A. 1998 Supp. 72-1903, 72-1904, 72-1905, 72-
1906, 72-1907, 72-1908, 72-1909 and 72-1910, by Committee on Education.

 SB 156, An act authorizing the Kansas department of wildlife and parks to exceed
established expenditure limitations for compliance with federal aid expenditure
requirements, by Committee on Ways and Means.

 SB 157, An act creating the wildlife and parks nonrestricted fund, by Committee on Ways
and Means.

 SB 158, An act relating to propane; creating the Kansas propane education and research
council; providing for the powers, duties and functions thereof; providing for certain
assessments, by Committee on Energy and Natural Resources.

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

   Assessment and Taxation: SB 134 (separately).

 Elections and Local Government: SB 140, 141.

 Energy and Natural Resources: SB 132.

 Judiciary: SB 130, 131, 133, 142, 143.

 Public Health and Welfare: SB 135, 144.

 Transportation and Tourism: SB 134 (separately).

 Ways and Means: SB 136, 137, 138, 139.

CHANGE OF REFERENCE
 The Vice-President withdrew SB 117 from the Committee on Federal and State Affairs,
and referred the bill to the Committee on Financial Institutions and Insurance.

 The Vice-President withdrew SB 134 from the Committee on Transportation and
Tourism (separately) and from the Committee on Assessment and Taxation (separately),
and rereferred the bill to the Committee on Transportation and Tourism.

COMMUNICATIONS FROM STATE OFFICERS
KANSAS DEPARTMENT OF CORRECTIONS
   Charles E. Simmons, Secretary, Kansas Department of Corrections, submitted the 1999
Corrections Briefing Report.

 The Vice-President announced the above report is on file in the office of the Secretary
of the Senate and is available for review at any time.

MESSAGE FROM THE HOUSE
 Announcing adoption of HCR 5012.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HCR 5012, a concurrent resolution providing for a joint session of the Senate and House
of Representatives for the purpose of commemorating Kansas Day and rededicating the
chamber of the House of Representatives, was introduced and read by title.

 On motion of Senator Emert, an emergency was declared, the rules suspended and HCR
5012 was adopted by voice vote.

REPORTS OF STANDING COMMITTEES
 Committee on Elections and Local Government recommends SCR 1601 be adopted.

 Committee on Federal and State Affairs recommends SB 57 be passed.

 Also, SCR 1607 be amended on page 1, in line 32, by striking ``directed'' and inserting
``requested''; following line 41, by inserting:

      ``Be it further resolved: That the Kansas State Historical Society shall assist the Dwight
D. Eisenhower Library and the Eisenhower Foundation to preserve the Eisenhower legacy;
and'';

      Also on page 1, by striking all in lines 42 and 43;

      On page 2, by striking all in lines 1 and 2 and inserting:

      ``Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to John Eisenhower at 27318 Morris Road, Trappe, MD, 21673; the State
Board of Education; the Commissioner of Education; the Secretary of Commerce and
Housing; the Executive Director of the Kansas State Historical Society; the Director of the
Dwight D. Eisenhower Library; the Executive Director of the Eisenhower Foundation at
P.O. Box 295, Abilene, Kansas, 67410; and the curators of public museums located in
Kansas.''; and the concurrent resolution be adopted as amended.

 Committee on Judiciary recommends SB 87, 88, 89 be passed.

COMMITTEE OF THE WHOLE
 On motion of Senator Emert the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Barone in the chair.

 On motion of Senator Barone the following report was adopted:

 Recommended that SB 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 56 be passed.

 SB 51 be amended by adoption of the committee amendments, be further amended by
motion of Senator Umbarger on page 3, following line 24, by inserting the following section:

      ``Sec.  2. K.S.A. 1998 Supp. 8-133 is hereby amended to read as follows: 8-133. The
license plate assigned to the vehicle shall be attached to the rear thereof and shall be so
displayed during the current registration year or years, and no Kansas registration plate for
any other year shall appear on the front of the vehicle, except that the license plate issued
for a truck tractor shall be attached to the front of the truck tractor and a model year license
plate may be attached to the front of an antique vehicle, in accordance with K.S.A. 8-172,
and amendments thereto. Beginning in 1985 and thereafter two personalized license plates
may be issued for passenger vehicles and trucks licensed for a gross weight of not more
than 16,000 20,000 pounds. 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, but no
registration decal shall be issued for any plate affixed to the front of a vehicle pursuant to
K.S.A. 8-134, and amendments thereto. Every license plate shall at all times be securely
fastened to the vehicle to which it is assigned so as to prevent the plate from swinging, and
at a height not less than 12 inches from the ground, measuring from the bottom of such
plate, in a place and position to be clearly visible, and shall be maintained free from foreign
materials and in a condition to be clearly legible. During any period in which the
construction of license plates has been suspended pursuant to the provisions of K.S.A. 8-
132, and amendments thereto, the plate, tag, token, marker or sign assigned to such vehicle
shall be attached to and displayed on such vehicle in such place, position, manner and
condition as shall be prescribed by the director of vehicles.'';

      By renumbering sections accordingly;

      On page 12, in line 5, following ``Supp.'' by inserting ``8-133,'';

      On page 1, in the title, in line 12, following ``Supp.'' by inserting ``8-133,'', and the bill be
passed as further amended.

 SCR 1602 be amended by adoption of the committee amendments and further amended
by motion of Senator Umbarger on page 1, in line 30, by striking ``President'' and inserting
``the Vice-President of the United States'', and the resolution be adopted as further
amended.

 SCR 1605 be amended by adoption of the committee amendments and further amended
by motion of Senator Morris on page 2, in line 1, by striking ``President'' and inserting ``the
Vice-President of the United States'', and the resolution be adopted as further amended.

 On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, January
28, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.