March 8, 1999

Journal of the Senate

THIRTY-NINTH DAY
______
Senate Chamber, Topeka, Kansas
Monday, March 8, 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.

 Invocation by Chaplain Fred S. Hollomon:

         Heavenly Father,

         Remember me?

           I'm the one who keeps bugging You, wanting this, that, and the other.

       I'm the one who keeps promising to do what You want me to, if You will do just
      one more thing for me.

           Remember me, Lord?

           I'm the one who keeps trying to explain my sins instead of confessing them.

       I'm the one who keeps asking, ``Why me, Lord?'' instead of simply trusting You.

           Remember me?

           I'm the one who manages to leave You alone until I find myself in a situation I
      can no longer handle.

       I'm the one who attends church regularly.....every Christmas and Easter.

           You remember me, Lord.

           I'm the one who, after ignoring You and forgetting You and running from You,
      stand amazed to find You running along beside me, loving me, helping me, forgiving
      me.

       In Christ's name, I acknowledge all my sins and thank You for continuing to
      remember me.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was referred to Committee as indicated:

   Transportation and Tourism: SB 346.

CHANGE OF REFERENCE
 The President withdrew SB 317, 322 from the Committee on Judiciary, and referred the
bills to the Committee on Federal and State Affairs.

COMMUNICATIONS FROM STATE OFFICERS
    STATE OF KANSAS
  BOARD OF INDIGENTS' DEFENSE SERVICES


 The Annual Report for Fiscal Year 1998 of the State of Kansas Board of Indigents'
Defense Services was submitted to the Governor and Legislature.

    KANSAS PAROLE BOARD


 Pursuant to the provisions of K.S.A. 22-3710, Marilyn Scafe, Chairman, Kansas Parole
Board, submitted the Annual Report of the Kansas Parole Board for Fiscal Year 1998.

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

MESSAGE FROM THE HOUSE
 Announcing passage of Substitute HB 2013; HB 2031.

 Also, adoption of HCR 5017.
 Adoption of SCR 1602, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 Substitute HB 2013; HB 2031; HCR 5017 were thereupon introduced and read by
title.

REPORTS OF STANDING COMMITTEES
 Committee on Commerce recommends SB 290 be amended on page 3, in line 7, after
``transmission'', by striking the comma;

      On page 4, in line 32, by striking all after the stricken material and inserting ``establish
and, to the extent necessary, modify rules and guidelines to determine what services qualify
as enhanced universal services, pursuant to subsection (q) of K.S.A. 66-1,187 and
amendments thereto,'';

      On page 7, in line 2, by striking ``regulations'' and inserting ``guidelines''; in line 17, after
the period, by inserting ``A company that has elected price cap regulation may, at its option,
rescind the price cap regulation election at any time.'';

      On page 8, in line 5, before the period, by inserting ``and structure including end-user
charges''; in line 42, by striking ``touch-tone'' and inserting ``tone dialing'';

      On page 9, in line 2, by striking ``touch-tone'' and inserting ``tone dialing''; in line 3, by
striking ``touch-tone'' and inserting ``tone dialing'';

      On page 12, in line 1, after the period, by inserting ``No such audit or investigation and
related cost and revenue information shall be used to regulate a price cap company's
earnings in any manner. An adjustment to a price cap company's KUSF support does not
constitute regulation of earnings so long as the adjustment is based on the cost of providing
universal service and enhanced universal service.'';

      On page 13, in line 31, after the stricken material, by inserting ``Any pending dockets
before the commission, initiated pursuant to this subsection, shall be completed on or before
October 1, 1999. Thereafter, all such reviews shall be completed within 180 days of initiation
or application. The commission shall make use of any data obtained pursuant to subsection
(u) of K.S.A. 66-2005 and amendments thereto to resolve any such investigation and
review.''; also in line 31, by striking all after ``On''; in line 32, by striking all before
``distributions'' and inserting ``October 1, 1999''; in line 33, after ``company'', by inserting ``,
which currently does not receive funds from the federal universal service fund pursuant to
part 36 of the federal communication commission rules,''; in line 41, after ``Any'', by inserting
``such'';

      On page 14, after line 42, by inserting a new subsection as follows:

      ``(g) Any carrier that collects amounts from its customers to offset its KUSF
contribution shall specifically identify the amount as a separate item on each bill.'';

      On page 15, in line 18, by striking ``and'' and inserting a comma; also in line 18, after
``66-2013'', by inserting ``and 66-2016'';

      In the title, in line 13, by striking ``and'' and inserting a comma; also in line 13, before
the period by inserting ``and 66-2016''; and the bill be passed as amended.

REPORT ON ENROLLED BILLS
 SR 1830 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 8, 1999.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 9,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.