February 15, 1999

Journal of the Senate

TWENTY-FIFTH DAY
______
Senate Chamber, Topeka, Kansas
Monday, February 15, 1999--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with thirty-eight senators present.

 Senators Downey and Huelskamp were excused.

 President Bond introduced as guest chaplain, Rev. Dan Flory, Thayer Christian Church,
Thayer, Kansas, who delivered the invocation:

         Heavenly Father,

         You are the Creator and have revealed so many things to us about yourself. We
      look up to the stars at night and marvel at your grandeur. We consider the microbes
      and infinitely small particles in the atom and are stricken by your intricate detail. A
      word from you and the whole earth trembles.

         Now at the start of this session of this governing body we bow before your authority
      over nature and we bow to your authority over men and their governments. I pray
      that the decisions made will fulfill your design of government that maintains law and
      justice for all people. I pray that Kansas, because of decisions made today, will be a
      place where your truth will go marching on.

         I exalt your name above all human reasoning, plans and projects, and I give you
      thanks for including us at this place at this time in your history.

         Purify every heart so we can be loyal to you.

         Clarify every thought so it will reflect your thinking.

         Restrain every action so that your will be done.

         I ask this on account of Jesus who you sent to die, an atonement for our sins.

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

   SB 316, An act concerning wildlife and parks; relating to certain permits and licensees
and fees therefor; amending K.S.A. 32-901 and 32-919 and K.S.A. 1998 Supp. 32-906 and
32-988 and repealing the existing sections, by Committee on Ways and Means.

 SB 317, An act concerning children; relating to paternity and duties upon determination
thereof; amending K.S.A. 1998 Supp. 38-1115 and repealing the existing section, by
Committee on Federal and State Affairs.

 SB 318, An act concerning municipalities; relating to franchises, by Committee on
Federal and State Affairs.

 SB 319, An act concerning counties; relating to the enforcement of county resolutions;
amending K.S.A. 1998 Supp. 19-101d and repealing the existing section, by Committee on
Federal and State Affairs.

 SB 320, An act concerning cities and counties; relating to planning and zoning; amending
K.S.A. 1998 Supp. 12-757 and repealing the existing section, by Committee on Federal and
State Affairs.

      SENATE CONCURRENT RESOLUTION No. 1611--

    By Committee on Energy and Natural Resources
  A  CONCURRENT  RESOLUTION encouraging the United States Environmental
Protection Agency to take certain actions relating to sulfur levels in gasoline.


      WHEREAS,  The United States Environmental Protection Agency (EPA) believes that
reductions of sulfur in gasoline are necessary to maximize emissions reductions from cards
and trucks; and

      WHEREAS,  EPA plans to propose very stringent gasoline sulfur regulations along with
more stringent vehicle tailpipe emission standards (``Tier 2''); and

      WHEREAS,  Some states have far greater air pollution problems than others and require
a greater reduction in sulfur while other states, especially those in the western part of the
nation, have minimal air pollution problems and require less of a reduction; and

      WHEREAS,  California gasoline was developed to address unique air quality problems
in California and the air quality problems in other states are not as severe as those in
California and do not necessitate the same solutions; and

      WHEREAS,  Reducing sulfur in gasoline means higher manufacturing costs that may be
passed on to consumers which can limit their personal mobility and freedom; and

      WHEREAS,  New investments in clean air are needed; however, consumers should not
have to pay more for gasoline than necessary to achieve the goal of clean air; and

      WHEREAS,  Fuels and vehicles work together as a system and the right combination of
fuel and vehicle controls will result in cleaner air and a cost-effective solution; and

      WHEREAS,  The American Petroleum Institute (API) and the National Petrochemical
Refiners Association (NPRA) have jointly proposed a program for reducing gasoline sulfur
levels that would have the effect of reducing NOx emissions by more than 75,000 tons
annually and would cut gasoline sulfur levels at least in half: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature strongly encourages the EPA to develop a proposal to reduce
gasoline sulfur levels with the flexibility of a regional approach that maximizes air quality
benefits where they are needed most; and

      Be it further resolved: That EPA's proposal should be cost-effective so as to limit the
burden on consumers; and

      Be it further resolved: That EPA's approach to reducing vehicle emissions should
recognize that fuels and vehicles work in tandem and that neither fuels nor vehicles can be
addressed in isolation; EPA must strike a balance in regulating both; and

      Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the Administrator of the EPA and to each member of the Kansas
Congressional Delegation.

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

   Commerce: SB 308, 315.

 Federal and State Affairs: SB 313.

 Judiciary: SB 311, 312, 314.

 Ways and Means: SB 309, 310.

CHANGE OF REFERENCE
 The President withdrew SB 175 from the Committee on Ways and Means, and referred
the bill to the Committee on Judiciary.

 The President withdrew SB 102 from the Committee on Judiciary, and referred the bill
to the Committee on Ways and Means.

MESSAGE FROM THE GOVERNOR
    February 12, 1999
    Message to the Senate of the State of Kansas:
    Enclosed herewith is Executive Order No. 99-2 for your information.

                                                                                    Bill Graves

                                                                                    Governor

 The President announced Executive Order No. 99-2, Requiring executive branch agencies
to provide the state's Chief Information Technology Officer Year 2000 reports pursuant to
CITO reporting standards, is on file in the office of the Secretary of the Senate and is
available for review at anytime.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2012, 2086, 2094, 2104, 2184, 2221.

 Also, adoption of HCR 5002.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2012, 2086, 2094, 2104, 2184, 2221; HCR 5002 were thereupon introduced and
read by title.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends SB 179 be amended on page 1, in line 21, after
the period, by inserting ``A business establishment may be assigned a standard industrial
classification code according to the primary business activity at a single physical location in
the state.''; in line 22, by striking ``49'' and inserting ``51''; and the bill be passed as amended.

 Committee on Federal and State Affairs recommends SB 101, 175 be not passed.

 Committee on Public Health and Welfare recommends SB 126 be amended on page
1, in line 23, by striking ``hydration and nutrition aides,''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
 SB 135 reported correctly engrossed February 11, 1999.

 SB 15, 38, 62, 68, 74; SCR 1609 reported correctly engrossed February 12, 1999.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
16, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.