The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
You have said, ``Call to me, and I will answer you and tell you great and unsearch-
able things you do not know.'' (Jeremiah 33:3)
Today we thank You for your accessibility.
We are thankful . . . . . . . . .
That You always answer,
That we never get a busy signal,
That You never hang up on us,
That we are never put on hold,
That You do not screen Your calls,
That we never have to worry about interrupting your meal or waking you up,
That we never have to talk to a machine.
We are thankful that we do not have to . . . . . . . . . .
Press 1 for Praise
Press 2 for Request
Press 3 for Intercession
Press 4 for Complaint
We are thankful that we never receive a monthly bill for your services and that
we are never badgered by rival heavenly long distance companies.
We are thankful that although we do not always get what we ask for, You have
promised to supply our needs.
And we are thankful that though we may not always receive the answer immedi-
ately, it will arrive at an appropriate time.
I call on You in the Name of Jesus,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:
SB 672, An act concerning tax increment financing; relating to the period of time by
which a project shall be completed and the determination of the assessed value of the
property located in a redevelopment district; amending K.S.A. 12-1776 and K.S.A. 1997
Supp. 12-1771 and 12-1775 and repealing the existing sections, by Committee on Ways and
Means.
SB 673, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for the department of commerce and housing; authorizing certain transfers, imposing
certain restrictions and limitations, and directing or authorizing certain receipts and dis-
bursements and acts incidental to the foregoing, by Committee on Ways and Means.
SENATE CONCURRENT RESOLUTION No. 1619--
By Committee on Energy and Natural Resources
A CONCURRENT RESOLUTION urging the United States government not to sign or
ratify the Kyoto Protocol unless it includes a specific commitment for developing coun-
tries to mitigate greenhouse gas emissions.
WHEREAS, The United States is a signatory to the 1992 United Nations Framework
Convention on Global Climate Change; and
WHEREAS, A proposed protocol to expand the scope of the Framework Convention on
Global Climate Change was negotiated in December 1997 in Kyoto, Japan (``Kyoto Proto-
col''), potentially requiring the United States and other developed countries to reduce emis-
sions from 1990 levels by 6% to 8% during the period 2008 to 2012, with potentially larger
emission reductions thereafter; and
WHEREAS, President William J. Clinton pledged on October 22, 1997, that ``The
United States will not assume binding obligations (in Kyoto) unless key developing nations
meaningfully participate in this effort''; and
WHEREAS, On July 25, 1997, the United States Senate adopted Senate Resolution No.
98 by a vote of 95-0, expressing the sense of the Senate that the United States should not
be a signatory to any protocol to the Framework Convention on Global Climate Change
which would mandate new commitments to mitigate greenhouse gas emissions for the de-
veloped countries, unless the protocol also mandates specific scheduled commitments within
the same compliance period to mitigate greenhouse gas emissions for developing countries;
and
WHEREAS, Developing countries are exempt from greenhouse gas emission limitation
requirements in the Framework Convention on Global Climate Change, and refused in the
Kyoto negotiations to accept any new commitments for greenhouse gas emission limitations
through the Kyoto Protocol; and
WHEREAS, Developing countries exempt from emission limitations under the Kyoto
Protocol are expected to increase their rates of fossil fuel use over the next two decades,
and to surpass the United States and other developed countries in total emissions of green-
house gases; and
WHEREAS, The failure to provide for commitments by developing countries in the
Kyoto Protocol creates an unfair competitive imbalance between developed and developing
countries, potentially leading to the transfer of jobs and industrial development from the
United States to developing countries; and
WHEREAS, Increase emissions of greenhouse gases by developing countries would off-
set any environmental benefits associated with emissions reductions achieved by the United
States and by other developed countries: Now, therefore,
Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the Legislature calls upon the President of the United States not to sign the
Kyoto Protocol, nor to submit the same for ratification to the United States Senate, until
and unless the protocol is amended or otherwise revised, consistent with United States
Senate Resolution No. 98, to include specific scheduled commitments for developing coun-
tries to mitigate greenhouse gas emissions within the same compliance period or periods as
required for developed countries;
Be it further resolved: The the Legislature calls upon the United States Senate to reject
any proposed protocol or other amendment to the Framework Convention on Global Cli-
mate Change that is inconsistent with this Resolution, or that does not comply fully with
United States Senate Resolution No. 98; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the President and Vice President of the United States, the President of
the United States Senate and to each member of the Kansas congressional delegation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Commerce: SB 666.
Education: SB 669.
Elections and Local Government: SB 660.
Energy and Natural Resources: SB 664.
Federal and State Affairs: SB 670; SCR 1618.
Financial Institutions & Insurance: SB 663.
Judiciary: SB 658, 659, 667, 668, 671.
Public Health and Welfare: SB 662.
Transportation and Tourism: SB 657.
Utilities SB 661.
Ways and Means: SB 665.
CHANGE OF REFERENCE
The President withdrew SB 335 from the Committee on Ways and Means, and referred
the bill to the Committee on Education.
The President withdrew SB 657 from the Committee on Transportation and Tourism,
and referred the bill to the Committee on Elections and Local Government.
The President withdrew SB 662 from the Committee on Public Health and Welfare, and
referred the bill to the Committee on Financial Institutions and Insurance.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS PAROLE BOARD
Pursuant to the provisions of K.S.A. 22-3710, Marilyn Scafe, Chairperson, Kansas Parole
Board, submitted the annual report of the Kansas Parole Board for the Fiscal Year 1997.
The 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 passage of HB 2727, 2763.
Also, announcing passage of SB 15, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2727, 2763 were thereupon introduced and read by title.
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends SB 460 be amended on page
1, in line 27, by striking ``However, authorization'' and inserting ``Authorization''; in line 28,
following ``juveniles'' by inserting ``under 16 years of age''; and the bill be passed as amended.
Committee on Financial Institutions and Insurance recommends SB 470 be passed.
Committee on Judiciary recommends SB 514 be passed.
Committee on Transportation and Tourism recommends SB 417 be amended on
page 1, in line 15, by striking ``is at least 16 years of age and holds'' and inserting ``held'';
also in line 15, following ``valid'' by inserting ``restricted''; in line 16, following ``license'' by
inserting ``, instruction permit, restricted instruction permit''; in line 18, by striking ``the
law'' and inserting ``K.S.A. 8-237, 8-239 and 8-296, and amendments thereto, as''; in line
22, by striking ``17'' and inserting ``16''; in line 26, by striking ``50'' and inserting ``20'';
On page 2, in line 8, preceding the semicolon, by inserting ``at any time''; by striking all
of line 9; in line 10, by striking ``(A)'' and inserting ``(1)''; in line 11, by striking ``or'' where
it appears for the second time; in line 12, by striking ``(B)'' and inserting ``(2)''; in line 15,
by striking ``(2)'' and inserting ``(3)''; in line 16, by striking ``at least 21 years of age and is
a'' and inserting ``the''; in line 19, by striking ``(3)'' and inserting ``(4)''; in line 20, by striking
``at least 21 years of age and is a'' and inserting ``the''; in line 24, preceding the period, by
inserting ``and any conviction for violating this provision shall be construed as a moving
traffic violation for the purpose of K.S.A. 8-255, and amendments thereto''; in line 33, by
striking ``17'' and inserting ``16''; in line 36, by striking ``17'' and inserting ``16''; in line 39,
by striking ``18'' and inserting ``17'';
On page 3, in line 16, by striking ``17'' and inserting ``16''; also in line 16, by striking ``18''
and inserting ``17''; in line 18, by striking ``17'' and inserting ``16''; in line 26, by striking ``18''
and inserting ``17''; in line 36, by striking ``17'' and inserting ``16''; in line 39, by striking ``at
least 21 years of age,''; in line 40, by striking ``is a'' and inserting ``the''; also in line 40,
following ``class'' by inserting ``A,'';
On page 4, in line 3, by striking ``at least''; in line 4, by striking ``21 years of age, is a'' and
inserting ``the''; in line 36, by striking ``17'' and inserting ``16''; in line 42, preceding the
colon, by inserting ``at any time''; by striking all of line 43;
On page 5, in line 1, by striking ``(A)'' and inserting ``(1)''; in line 2, by striking ``or'' where
it appears for the second time; in line 3, by striking ``(B)'' and inserting ``(2)''; in line 6, by
striking ``(2)'' and inserting ``(3)''; in line 7, by striking ``at least 21 years of age, is a'' and
inserting ``the''; in line 14, following the semicolon, by inserting ``and''; in line 19, by striking
``; and'' and inserting a period; by striking all of lines 20 through 22; in line 24, preceding
the period, by inserting ``and any conviction for violating this provision shall be construed
as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments thereto''; in
line 32, by striking ``17'' and inserting ``16''; in line 34, by striking ``17'' and inserting ``16'';
in line 37, by striking ``18'' and inserting ``17''; and the bill be passed as amended.
Committee on Utilities recommends SCR 1616 be adopted.
REPORT ON ENROLLED BILLS
SB 8, 411, 412 reported correctly enrolled, properly signed and presented to the Gov-
ernor on February 16, 1998.
SR 1812, 1813, 1814 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 16, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of ``General Orders''
with Senator Corbin in the chair.
On motion of Senator Corbin the following report was adopted:
Recommended that SB 464 be passed.
Also, recommended that SB 484, 495 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.
SB 451 be amended by motion of Senator Hardenburger on page 1, in line 29, before
``appropriate'' by inserting ``attorney general and the'';
On page 2, in line 16, before ``appropriate'' by inserting ``attorney general and the'', and
the bill be passed as amended.
An amendment to SB 451 offered by Senator Karr was discussed, but no action was
taken.
The committee considered HB 2631. Senator Pugh moved to amend the bill as amended
by House Committee of the Whole, on page 17, after line 2, by inserting a new section to
read as follows:
``New Sec. 1. The provisions of this act shall not take effect until a majority of electors
of Wyandotte county voting approve thereof at a special election called, noticed and held
as provided by the general bond law on April 7, 1998.'';
By renumbering the remaining section accordingly.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 6, nays 31, present and passing 3; absent or not voting 0.
A motion offered by Senator Brownlee to postpone debate to a day certain, Wednesday,
February 18, 1998, failed.
The Committee recommended HB 2631 be passed.
SB 428 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Oleen on page 1, in line 32, following the stricken material
by inserting ``other matters of public concern, including'', and the bill be passed as further
amended.
SB 542 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Donovan on page 1, following line 24, by inserting the
following:
``Sec. 2. K.S.A. 8-116a is hereby amended to read as follows: 8-116a. (a) When an
application is made for a vehicle which has been assembled, reconstructed, reconstituted
or restored from one or more vehicles, or the proper identification number of a vehicle is
in doubt, the procedure in this section shall be followed. The owner of the vehicle shall
request the Kansas highway patrol to check the vehicle. At the time of such check the owner
shall supply the highway patrol with information concerning the history of the various parts
of the vehicle. Such information shall be supplied by affidavit of the owner, if so requested
by the highway patrol. If the highway patrol is satisfied that the vehicle contains no stolen
parts, it shall assign an existing or new identification number to the vehicle and direct the
places and manner in which the identification number is to be located and affixed or im-
planted. A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be
made to the owner of a vehicle requesting check under this subsection, and such charge
shall be paid prior to the check under this section. When a check has been made under
subsection (b), not more than 60 days prior to a check of the same vehicle identification
number, requested by the owner of the vehicle to obtain a regular certificate of title in lieu
of a nonhighway certificate of title, no charge shall be made for such second check.
(b) From and after the effective date of this act, Any person making application for any
original Kansas title for a used vehicle which, at the time of making application, is titled in
another jurisdiction, as a condition precedent to obtaining any Kansas title, shall have such
vehicle checked by the Kansas highway patrol for verification that the vehicle identification
number shown on the foreign title is genuine and agrees with the identification number on
the vehicle. Checks under this section may include inspection for possible violation of K.S.A. 8-611 K.S.A. 21-3757, and amendments thereto or other evidence of possible fraud. The
verification shall be made upon forms prescribed by the division of vehicles which shall
contain such information as the secretary of revenue shall require by rules and regulations.
A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be made for
checks under this subsection. When a vehicle is registered in another state, but is financed
by a Kansas financial institution and is repossessed in another state and such vehicle will
not be returned to Kansas, the check required by this subsection (b) shall not be required
to obtain a valid Kansas title or registration.
(c) As used in this act, ``identification number'' or ``vehicle identification number'' means
an identifying number, serial number, engine number, transmission number or other dis-
tinguishing number or mark, placed on a vehicle, engine, transmission or other essential
part by its manufacturer or by authority of the division of vehicles or the Kansas highway
patrol or in accordance with the laws of another state or country.
(d) The checks made under subsection (b) may be made by:
(1) A designee of the superintendent of the Kansas highway patrol; or
(2) an employee of a new vehicle dealer, as defined in subsection (b) of K.S.A. 8-2401, and amendments thereto, for the purposes provided for in subsection (f). For checks made
by a designee, $1 of each charge shall be remitted to the Kansas highway patrol and the
balance of such charges shall be retained by such designee. When a check is made under
either subsection (a) or (b) by personnel of the Kansas highway patrol or when a check is made under subsection (b) by an employee of a new vehicle dealer, the entire amount of the
charge therefor shall be paid to the highway patrol.
(e) There is hereby created the vehicle identification number fee fund. The Kansas
highway patrol shall remit all moneys received by the Kansas highway patrol from fees
collected under subsection (d) to the state treasurer at least monthly. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the state treasury to
the credit of the vehicle identification number fee fund. All expenditures from the vehicle
identification number fee fund shall be made in accordance with appropriations acts upon
warrants of the director of accounts and reports issued pursuant to vouchers approved by
the superintendent of the Kansas highway patrol or by a person or persons designated by
the superintendent.
(f) An employee of a new vehicle dealer may provide the checks under subsection (b) on motor vehicles repurchased or reacquired by a manufacturer, distributor or a financing subsidiary of such manufacturer and which are purchased by the new vehicle dealer.'';
By renumbering sections accordingly;
On page 8, in line 19, following ``K.S.A.'' by inserting ``8-116a and K.S.A.'';
In the title, in line 10, following ``ACT'' by inserting ``concerning motor vehicles;''; also
in line 10, by striking ``concerning repossessed vehicles;''; in line 11, by striking all preceding
``amending''; also in line 11, following ``K.S.A.'' by inserting ``8-116a and K.S.A.'', and the
bill be passed as further amended
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
17, 1998.