March 23, 1999

Journal of the Senate

FIFTIETH DAY
______
Senate Chamber, Topeka, Kansas
Tuesday, March 23, 1999--2:30 p.m.
 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 are aware that from time to time I approach You with something on the
            light side. And each year one of the reasons for this is the production called ``The
            Land of Blahs''.

                So once again we'll have some fun

            While serving a worthy cause.

            We present a hilarious program;

            We call it ``The Land of Blahs''.

                Only in American

            Can we get away with this:

            Making fun of important folks

            As we cheer and boo and hiss!

                And the folks whom we make fun of

            Enjoy it just as much.

            Being the object of funny jokes

            Provides a human touch.

                The well known worthy causes

            To which we give donations

            Are the Salvation Army

            And the Capper Foundation.

                We ask You, Lord, to inspire the people

            To donate to each cause

            And have a lot of fun tonight

            Watching ``The Land of Blahs''.

                I pray in the Name of Christ,

                AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was introduced and read by title:

   SB 355, An act concerning the Kansas code for care of children; relating to permanent
guardians; hearings; amending K.S.A. 38-1542 and K.S.A. 1998 Supp. 38-1502, 38-1528, 38-
1543, 38-1562, 38-1565 and 38-1583 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 38-1502c, by Committee on Ways and Means.

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

   Federal and State Affairs: SCR 1618; HB 2368.

 Judiciary: HB 2126, 2276; Sub HB 2469; HB 2549.

 Public Health and Welfare: HCR 5034.
COMMUNICATIONS FROM STATE OFFICERS
    KANSAS DEPARTMENT ON AGING
  December 30, 1998


 Thelma Hunter Gordon, Secretary, Kansas Department on Aging, submitted the Care
Program Annual Report for the State Fiscal Year, 1998.

   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 adoption of SCR 1617, as amended.

 The House nonconcurs in Senate amendments to HB 2214, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.

REPORTS OF STANDING COMMITTEES
 The Committee on Education recommends SB 344 be amended on page 1, in line 14,
before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 14, after ``72-6407'', by inserting
``shall be and'';

      On page 2, in line 43, after ``(2)'', by inserting ``the sum of'';

      On page 3, by striking all of lines 1 and 2; in line 3, by striking all before ``the''; in line 4,
after ``enrolled'', by inserting ``and the average (mean) of the sum of (A) enrollment of the
district in the current school year minus enrollment in such school year of preschool-aged
at-risk pupils, if any such pupils are enrolled and (B) enrollment in the preceding school
year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils
were enrolled and (C) enrollment in the school year next preceding the preceding school
year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils
were enrolled'';

      Also on page 3, in line 16, by striking ``1,750'' and inserting ``1,725''; in line 19, by striking
``1,750'' and inserting ``1,725''; in line 32, by striking ``1,750'' and inserting ``1,725''; in line
35, by striking ``1,750'' and inserting ``1,725'';

      On page 4, following line 2, by inserting a new section as follows:

      ``New Sec.  2. (a) For the purposes of the school district finance and quality performance
act, and notwithstanding any provision of the act to the contrary, the term enrollment in
the 1998-99 school year, as applied to districts in which enrollment in such school year
decreased from enrollment in the 1997-98 school year, means enrollment of the district in
the 1997-98 school year plus enrollment in the 1998-99 school year of preschool-aged at-
risk pupils, if any such pupils are enrolled.

      (b) The provisions of this section shall expire on June 30, 1999.'';

      By renumbering sections 2 and 3 as sections 3 and 4, respectively;

      Also on page 4, in line 3, before ``K.S.A.'' by inserting ``On July 1, 1999,''; also in line 3,
after ``72-6407'', by inserting ``shall be and''; in line 5, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.

 Also HB 2357, as amended by House Committee, be amended On page 1, in line 28, by
striking ``January'' and inserting ``July'';

      On page 2, in line 14, by striking ``, or a bank'';

      On page 3, in line 36, by striking ``and''; in line 38, by striking the period and inserting
``and''; following line 38, by inserting a new paragraph as follows:

      ``(11) evaluate the Kansas postsecondary education savings program annually, and make
a report thereon to the governor and legislature for the period.'';

      On page 4, in line 43, by striking ``6'' and inserting ``7'';

      On page 8, in line 19, by striking ``an amount equal to the average amount''; by striking
all of lines 20 through 22; in line 23, by striking all before the period and inserting ``$6,000
per annum, up to a total amount, which in the aggregate, is not in excess of $60,000'';

      On page 10, by striking all of lines 26 through 29;

      By renumbering sections 10 through 13 as sections 9 through 12, respectively;

      On page 14, in line 18, after ``amounts'', by inserting ``not exceeding $2,000 for each
designated beneficiary which are''; also in line 18, by striking ``each'' and inserting ``a'';

      and the bill be passed as amended.

 Committee on Elections and Local Government recommends SCR 1614 be adopted.

 Committee on Federal and State Affairs recommends HB 2012, as amended by House
Committee, be passesd.

 Also SB 329 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 329,'' as follows:

    ``Substitute for SENATE BILL No. 329
  By Committee on Federal and State Affairs


``AN  ACT concerning racing and gaming; concerning electronic gaming machines;
      amending K.S.A. 74-8701, 74-8702, 74-8704, 74-8711 and 74-8721 and K.S.A. 1998
      Supp. 19-101a, 74-8710, 74-8718, 74-8719, 74-8723, 74-8804, 74-8810 and 74-8837 and
      repealing the existing sections.'';

     

            and the substitute bill be passed.

 SB 299 be amended on page 1, in line 17, by striking ``application'' and inserting ``motion'';
in line 21, by striking ``and amendments thereto'' and inserting ``as in effect on July 1, 1999'';
in line 24, by striking ``shall'' and inserting ``may''; in line 26, by striking ``application'' and
inserting ``motion''; in line 31, by striking ``and amendments thereto'' and inserting ``as in
effect on July 1, 1999''; and the bill be passed as amended.

 SB 330 be not passed.

 The Committee on Judiciary recommends HB 2154, 21284, 2206, 2471 be passed.

 Also HB 2102, 2155, 2156, 2276, as amended by House Committee, be passed.

 Also HB 2015, as amended by House Committee, be amended on page 1, in line 31, by
striking ``$25'' and inserting ``$30''; and the bill be passed as amended.

 HB 2150, as amended by House Committee, be amended on page 2, in line 7, by striking
the period and inserting ``; or''; after line 9, by inserting the following new paragraph:

      ``(5) a report to the court of threats of physical violence made by a party during the
proceeding.'';

      On page 3, in line 36, by striking ``or''; in line 39, by striking the period and inserting ``;
or''; after line 41, by inserting the following new paragraph:

      ``(5) a report to the court of threats of physical violence made by a party during the
proceeding.''; and the bill be passed as amended.

 Committee on Public Health and Welfare recommends HB 2227, as amended by
House on Final Action, be amended on page 2, in line 37, by striking all after the period;
by striking all of line 38; in line 39, by striking ``(b)'' and inserting ``(a) (1)''; in line 41, by
striking ``any'' and inserting ``Sedgwick''; in line 43, by striking ``any'' and inserting
``Sedgwick''; also in line 43, after the period, by inserting the following:

      ``(2) In lieu of appointing a governing board as provided by K.S.A. 19-4002, and
amendments thereto, the unified government board of commissioners of Wyandotte county
may serve as the community mental health or mental retardation governing board for
Wyandotte county.'';

      On page 3, in line 1, by striking ``(c)'' and inserting ``(b)''; also in line 1, after
``commissioners'' by inserting ``or the unified government board of commissioners''; in line
3, after ``commissioners'' by inserting ``or the unified government board of commissioners'';
in line 5, by striking ``of'' where it appears for the last time; in line 6, by striking all before
the period and inserting ``making their appointment''; in line 13, by striking ``(d)'' and
inserting ``(c)''; also in line 13, before the comma, by inserting ``or the unified government
board of commissioners''; by striking all in lines 18 through 43;

      On page 4, by striking all in lines 1 through 39;

      And by renumbering sections accordingly;

      On page 1, in the title, in line 12, by striking all after ``ACT''; in line 13, by striking all
before ``concerning''; in line 14, by striking all after the semicolon; in line 15, by striking all
before ``amending''; and the bill be passed as amended.

 Committee on Utilities recommends HB 2290, as amended by House Committee, be
amended on page 1, after line 13, by inserting:

      ``Section  1. K.S.A. 1998 Supp. 66-1,158 is hereby amended to read as follows: 66-1,158.
As used in this act, the following words and phrases shall have the meanings ascribed to
them herein:

      (a) ``Commission'' means the state corporation commission;.

      (b) ``Electric generation facility'' means any physical plant used for the production or
generation of electricity or electric power except that the remodeling, reconditioning or
retrofitting of any existing physical plant shall not be deemed an addition to an electric
generation facility. Such term shall not include a facility or addition to a facility proposed
to be located outside this state if: (1) The need for the facility or addition and the
reasonableness of its proposed siting is subject to review by the utility regulatory authority
of that state; (2) less than 10% of the retail customers on the electric system intended to be
served by such facility or addition are located in this state; and (3) such retail customers
located in this state number no more than 15,000;
      (c) (b) ``Electric utility'' means every public utility, as defined by K.S.A. 66-104, and
amendments thereto, which owns, controls, operates or manages any equipment, plant or
generating machinery for the production, transmission, delivery or furnishing, of electricity
or electric power;.

      (d) (c) ``Landowner'' means any person having an estate or interest in any land, which
land is proposed to be acquired by an electric utility in connection with the construction,
operation and maintenance of an electric a nuclear generation facility or an addition to an
electric a nuclear generation facility;.

      (d)  (1) ``Nuclear generation facility or addition to a nuclear generation facility'' means:
(A) Any physical plant utilizing nuclear energy as the primary fuel for the production or
generation of electricity or electric power; or (B) any addition of nuclear generation capacity
to an existing generation facility.
      (2) ``Nuclear generation facility or addition to a nuclear generation facility'' does not
include: (A) Remodeling, reconditioning or retrofitting of an existing nuclear plant; (B)
construction of nonnuclear generation capacity at the site of an existing nuclear plant; or
(C) any facility or addition to a facility proposed to be located outside this state if: (i) The
need for the facility or addition and the reasonableness of its proposed siting is subject to
review by the utility regulatory authority of that state; (ii) less than 10% of the retail
customers on the electric system intended to be served by such facility or addition are located
in this state; and (iii) such retail customers located in this state number no more than 15,000.

      (e) ``Party'' means any landowner, electric utility, governmental board or agency, or any
other person allowed to intervene in any proceeding under this act;.

      (f) ``Person'' means any individual, partnership, corporation or other association of
persons.

      Sec.  2. K.S.A. 66-1,159 is hereby amended to read as follows: 66-1,159. No electric
utility may begin site preparation for or construction of an electric a nuclear generation
facility or an addition to an electric a nuclear generation facility or exercise the right of
eminent domain to acquire any land in connection with site preparation for or construction
of any such facility or addition thereto, without first acquiring a permit from the commission.
Whenever any such electric utility desires to obtain such a permit, it the utility shall file an
application with the commission, setting forth therein that it the utility proposes to construct
an electric a nuclear generation facility or an addition to an electric a nuclear generation
facility and specifying the description and the total number of acres of land that such utility
contemplates is needed in connection with the construction, operation and maintenance of
such facility or addition thereto. Also, the electric utility shall file with the application
documents and plans which indicate the total planned utilization of a proposed location for
electric generation purposes and documents and plans for utilization of an alternative
location or locations. Such documents and plans with respect to alternative locations shall
not be required for additions to existing electric nuclear generation facilities. In addition,
the electric utility shall file with the application such documents pertaining to the
construction, operation and maintenance of the proposed electric generation facility or
addition to the electric generation facility and such other matters deemed relevant thereto
as may be required by rules and regulations of the commission. Thereupon, the commission
shall fix a time for a public hearing on such application, which shall be not less than 30 nor
more than 180 days from the date the application was filed and shall be conducted in
accordance with the provisions of the Kansas administrative procedure act, to determine
the necessity for the proposed electric generation facility or addition to an electric generation
facility and the most reasonable location and size of the proposed electric generation facility
or addition to an electric generation facility. The commission shall fix the place for hearing,
which may be in the county in which is located the major portion of the land which has
been or is proposed to be acquired in connection with the construction, operation and
maintenance of the proposed electric generation facility or the addition to the electric
generation facility or addition. Such hearing may be held in Topeka.

      Sec.  3. K.S.A. 66-1,160 is hereby amended to read as follows: 66-1,160. The commission
shall publish notice of the time, place and subject matter of such hearing in newspapers
having general circulation in the counties in which is located any portion of the land which
has been or is proposed to be acquired in connection with the construction, operation and
maintenance of the proposed electric nuclear generation facility or addition to an electric a
nuclear generation facility once each week for three consecutive weeks, the last publication
to be not less than five days before such hearing date. Written notice of such hearing and
a copy of the application also shall be served not less than twenty (20) 20 days prior to the
hearing date upon all landowners, as shown by the files, records and indexes of the register
of deeds of the county in which such land is located, and the chief administrative officer,
or any person designated by such officer to receive such service, of the department of
economic development, state board commerce, department of agriculture, state water
resources board Kansas water office, department of health and environment, department of
transportation, state geological survey, Kansas energy office and the and division of the
budget of the department of administration. In addition to the information contained in the
published notice, such written notice shall state that the electric utility has filed the
application and supporting documents as required by K.S.A. 66-1,159 and amendments
thereto, and that such application and supporting documents are available in the office of
the commission for examination and copying by the person or board or agency desiring
copies thereof.

      Sec.  4. K.S.A. 66-1,161 is hereby amended to read as follows: 66-1,161. The commission
shall appoint an attorney to represent the interests of the landowners at the hearing and
shall allow a reasonable attorney's fee, which shall be taxed as part of the costs thereof.
Landowners, at their own expense, may retain counsel to represent their individual interests
at such hearing. The chief administrative officer, or any other person or persons designated
by such officer, of any governmental board or agency affected by the siting of the proposed
electric nuclear generation facility or addition to an electric a nuclear generation facility
shall be deemed to meet the requirement for intervention contained in subsection (a)(2) of
K.S.A. 77-521 and amendments thereto. Any owner or lessee of land whose estate or interest
in such land would not be acquired by the electric utility but would be affected in some
other manner by the construction, operation or maintenance of the electric generation
facility or addition to an electric generation facility may petition for intervention in
accordance with the provisions of K.S.A. 77-521 and amendments thereto.

      Sec.  5. K.S.A. 66-1,162 is hereby amended to read as follows: 66-1,162. Except as
otherwise provided in this act, the rules and regulations adopted by the commission pursuant
to K.S.A. 66-106 and amendments thereto to govern the commission's proceedings shall be
applicable to any proceeding before the commission under this act. The electric utility shall
proceed with the introduction of evidence of the necessity for the proposed electric nuclear
generation facility or addition to an electric a nuclear generation facility and of the
reasonableness of the proposed location and size of the electric generation facility or addition
to an electric generation facility. The burden of proof on any such matter shall be upon the
electric utility and shall be established by a preponderance of the evidence. All parties
present or represented by counsel at the hearing shall have an opportunity to be heard and
the right to cross-examine any witness appearing before the commission at the hearing. The
commission shall cause a transcript to be made of the hearing. All costs of any hearing shall
be taxed against the electric utility. The hearing and all parties' arguments shall be completed
within 90 days after the commencement thereof. At any time after the commencement of
the hearing, the electric utility may withdraw its application for the permit required by
K.S.A. 66-1,159 and amendments thereto.

      The commission shall make findings of fact and file such findings with its decision to
grant, grant conditioned by such findings or withhold the permit applied for, except that
whenever approval of applications are pending with or must be obtained from any state
regulatory authority which relate to the operation of any such facility or addition to a facility,
the commission shall postpone its decision until proof of the approval or disapproval of any
such application is received. In any case where a state regulatory authority cannot render
final approval of any such application until the facility or addition to a facility is in actual
operation, the commission shall accept as proof of approval or disapproval the state
regulatory authority's certification of probable acceptability or unacceptability of an
application. Prior to making its determination with respect to the most reasonable location
and size of a proposed electric nuclear generation facility or addition to an electric a nuclear
generation facility, the commission shall make its determination of whether or not a necessity
exists for the electric generation capacity of a proposed electric generation facility or addition
to an electric generation a facility. In addition to any other consideration deemed necessary
in making such determination, the commission shall consider and make determinations on
the following factors: (1) Whether or not the electric generating capacity of the proposed
facility or addition to a facility meets or contributes to the meeting of the electrical energy
needs of the people of this state considering the probable future statewide electrical energy
needs thereof; and (2) whether or not available electrical generating capacity exists within
the state that is capable of being distributed economically, reliably, technically and
environmentally. Whenever the commission determines that a necessity exists for electric
generation capacity to be provided by a proposed electric nuclear generation facility or
addition to an electric a nuclear generation facility, it the commission shall make its
determinations with respect to the most reasonable size and location of any such facility or
addition to a facility. In addition to any other consideration deemed necessary in making a
determination with respect to the size of a proposed facility or addition to a facility, the
commission shall consider the electric utility's total planned utilization of a proposed location
for electric generation purposes as it relates to the necessity found by the commission for
additional electric generating capacity in the state. In addition to any other consideration
deemed necessary in making a determination with respect to the most reasonable location
of a proposed facility or addition to a facility, the commission shall consider the availability
of natural resources necessary in the operation of a proposed facility or addition to a facility
as the same relates to each alternative location submitted by the electric utility as required
by the provisions of K.S.A. 66-1,159 and amendments thereto. The location of the existing
nuclear generation facility shall be the most reasonable location for any addition to such
facility. Upon a determination that a necessity exists for the proposed electric nuclear
generation facility or the addition to an electric a nuclear generation facility and that the
proposed location and size of such facility or addition thereto are the most reasonable, the
commission shall issue to the electric utility a permit to construct such facility or addition
thereto, except that the commission may condition such permit with respect to the location
and size of the proposed electric nuclear generation facility or addition to an electric a
nuclear generation facility to provide for an alternate location or size, or both, thereof, but
in no case shall the commission provide for a size larger than that applied for. Upon the
issuance of such permit, no local ordinance, resolution or regulation shall prohibit the
construction of the electric nuclear generation facility or addition to an electric a nuclear
generation facility, and the electric utility may proceed with such facility or addition thereto
notwithstanding any requirement to obtain any building permit under any local zoning
ordinance, resolution or regulation.

      Sec.  6. K.S.A. 66-1,169a is hereby amended to read as follows: 66-1,169a. In order to
more effectively administer the provisions of the Kansas electric nuclear generation facility
siting act with respect to determining whether or not a necessity exists for a proposed electric
nuclear generation facility or addition to an electric a nuclear generation facility, the
commission shall compile and maintain a comprehensive statewide electric generation
capacity forecast. In compiling and maintaining said forecast, the commission may hold such
hearings deemed necessary. The proceedings of any such hearing shall be governed by the
rules and regulations adopted by the commission pursuant to K.S.A. 66-106 and amendments
thereto. For the purposes of this section, every municipally owned or operated electric utility
and every electric utility operating wholly and solely within the legal boundaries of any
municipality and within three (3) miles thereof shall furnish to the commission such
information as to electric generation capacity as the commission may require.

      Sec.  7. K.S.A. 1998 Supp. 66-1,169b is hereby amended to read as follows: 66-1,169b.
(a) The provisions of the Kansas electric generation facility siting act shall not apply to: (1)
Unit number 3 of the Jeffrey Energy Center; or (2) electric generation facilities that have
a capacity of 100 megawatts or less and convert wind, solar, biomass, landfill gas or any
other renewable source of energy.
      (b) With regard to a facility proposed to be located outside this state, K.S.A. 66-1,160
and 66-1,161, and amendments thereto, shall not apply and, for purposes of determining
the most reasonable location of a proposed facility or addition to a facility pursuant to K.S.A.
66-1,162, and amendments thereto, the commission shall consider only the effects on system
reliability and economic efficiency.

      Sec.  8. K.S.A. 66-1,169c is hereby amended to read as follows: 66-1,169c. This act and
the act of which it is amendatory shall be known and cited as the ``Kansas electric nuclear
generation facility siting act.''

      New Sec.  9. Any electric generation facility, or addition thereto, for which a permit
application was pending under the electric generation facility siting act as it existed
immediately before the effective date of this act shall be required to have such permit only
if the facility is required to have a permit pursuant to this act.
 
Sec.  10. K.S.A. 66-1,159, 66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and
K.S.A. 1998 Supp. 66-1,158 and 66-1,169b are hereby repealed.'';

      Also on page 1, in line 14, by striking ``Section 1.'' and inserting ``Sec. 11. On and after
July 1, 1999,''; by renumbering section 2 as section 12; in line 16, by striking ``statute book''
and inserting ``Kansas register'';

      In the title, in line 10, by striking all after ``ACT''; in line 11, by striking ``utilities'' and
inserting ``relating to public utilities; concerning electric generation facility siting; relating
to certain loans and pledges of credit; amending K.S.A. 66-1,159, 66-1,160, 66-1,161, 6-
1,162, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-1,158 and 66-1,169b and repealing
the existing sections; also repealing K.S.A. 66-1213''; and the bill be passed as amended.

 Substitute for HB 2322 be amended on page 1, in line 14, by striking all after ``gas''; in
line 15, by striking ``television'' and inserting ``or telephone''; in line 17, by striking ``the
customer's choice of''; in line 18, after ``formats'' by inserting ``, as agreed to by the customer
and the service provider''; and the substitute bill be passed as amended.

REPORT ON ENROLLED BILLS
 SB 22, 74, 75 reported correctly enrolled, properly signed and presented to the Governor
on March 22, 1999.

 SR 1841 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 23, 1999.

 Sub for SCR 1608 reported correctly enrolled, properly signed and presented to the
Secretary of State on March 23, 1999.

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
Praeger in the chair.

 On motion of Senator Praeger the following report was adopted:

   Recommended that HB 2320 be passed.

 Also, SB 350 be amended by adoption of the committee amendments, and the bill be
passed as amended.

 SB 345 be amended by adoption of the committee amendments, be further amended by
motion of Senator Lawrence on page 2, following line 8, by inserting a new subsection as
follows:

      ``(j) ``Adult basic education program'' and ``adult supplementary education program'' have
the meanings respectively ascribed thereto in K.S.A. 72-4517, and amendments thereto.'';

      On page 15, following line 36, by inserting a new section as follows:

        ``Sec.  23. (a) On July 1, 1999, the responsibility for administration of adult basic
education programs and adult supplementary education programs and for supervision of the
administration of such programs by boards of education of school districts and boards of
trustees of community colleges shall be and hereby is transferred from the state board of
education to the state board of regents. Adult education programs shall continue to be
conducted, maintained and administered by boards of education of school districts and
boards of trustees of community colleges. The state board of regents shall exercise such
administrative and supervisory authority over the conduct, maintenance and administration
of adult education programs as may be prescribed by law.

      (b) On July 1, 1999, all of the powers, duties, functions, records and property of the
state board of education relating to administration and supervision of adult education
programs shall be and are hereby transferred to and conferred and imposed upon the state
board of regents.

      (c) On and after July 1, 1999, the state board of regents shall be the successor in every
way to the powers, duties and functions of the state board of education relating to
administration and supervision of adult education programs in which the same were vested
prior to the effective date of this act. Every act performed by the state board of regents
shall be deemed to have the same force and effect as if performed by the state board of
education in which such functions were vested prior to July 1, 1999.

      (d) On and after July 1, 1999, whenever the state board of education, or words of like
effect, is referred to or designated by a statute, contract or other document relating to
administration and supervision of adult education programs, such reference or designation
shall be deemed to apply to the state board of regents.

      (e) The state plan for adult basic education, prepared and adopted by the state board
of education pursuant to the provisions of the adult education act, which is in existence on
July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted state
plan of the state board of regents until revised, amended, revoked or nullified pursuant to
law.

      (f) All rules and regulations, and all orders and directives of the state board of education
relating to administration and supervision of adult education programs which are in existence
on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted
rules and regulations or orders and directives of the state board of regents until revised,
amended, revoked or nullified pursuant to law.

      (g) The unexpended balance of any appropriation for and any state and federal funds
available to the state board of education for purposes relating to administration and
supervision of adult education programs shall be transferred to the state board of regents
on July 1, 1999.

      (h) Except as otherwise specifically provided in this act, the transfer of responsibility
for the administration of adult education programs and for supervision of the administration
of adult education programs by boards of education and boards of trustees from the state
board of education to administration and supervision by the state board of regents shall not
be construed in any manner so as to change or affect the conduct, maintenance and
administration of adult education programs.''

      And by renumbering sections accordingly.

 The bill be further amended by motion of Senator Stephens on page 1, in line 28, before
``means'', by inserting ``or ``state board'' ''.

 The bill be further amended by motion of Senator Ranson on page 2, following line 8,
by inserting a new paragraph as follows:

      ``(j) ``Representative of a postsecondary educational institution'' means any person who
is the holder of an associate degree, a bachelor's degree, or a certificate of completion
awarded by a postsecondary educational institution.'';

      On page 5, in line 9, after the period, by inserting ``At no time after July 1, 2002, shall
there be more than one representative of any one postsecondary educational institution
designated for service on a commission.'', and the bill be passed as further amended.

 HB 2071, the Committee recommended the bill be amended by adoption of the
committee amendments, and further amended by motion of Senator Langworthy on page
41, in line 8, following ``concerning'' by inserting ``system enhancements,''; in line 20, by
striking ``2007'' and inserting ``2009'';

      On page 47, in line 14, by striking ``$10,000,000'' and inserting ``$5,000,000'';

      On page 64, in line 19, by striking ``9.788%'' and inserting ``9.51%''; in line 25, by striking
``11.384%'' and inserting ``11%''; in line 31, by striking ``11.35%'' and inserting ``11.25%'';
in line 37, by striking ``12.5%'' and inserting ``12.25%''; in line 43, by striking ``13.5%'' and
inserting ``13.25%'';

      On page 65, in line 6, by striking ``14%'' and inserting ``13.75%''

 Senator Bleeker moved to amend the bill on page 2, by striking ``$1,100,000,000'' and
inserting ``$1,200,000,000'';

      On page 11, preceding line 19, by inserting the following new section:

      ``New Sec.  9. (a) The director of accounts and reports shall transfer from the state
general fund to the state highway fund the following amounts:

(1)On July 1, 1999, and quarterly thereafter$3,225,000;
(2)on July 1, 2000, and quarterly thereafter$10,200,000;
(3)on July 1, 2001, and quarterly thereafter$25,275,000;
(4)on July 1, 2002, and quarterly thereafter$41,725,000;
(5)on July 1, 2003, and quarterly thereafter$60,400,000;
(6)on July 1, 2004, and quarterly thereafter$74,150,000;
(7)on July 1, 2005, and quarterly thereafter$79,650,000;
(8)on July 1, 2006, and quarterly thereafter$85,100,000;
(9)on July 1, 2007, and quarterly thereafter$90,925,000;
(10)  on July 1, 2008, and quarterly thereafter$97,175,000;
(11)  on July 1, 2009, October 1, 2009, January 1, 2010
and April 1, 2010		$103,850,000;
   (b) All transfers made in accordance with the provisions of this section shall be
considered to be revenue transfers from the state general fund.'';

      By renumbering sections accordingly;

      Also on page 11, in line 27, by striking ``until January 1, 2004, and $32.50 thereafter,''; in
line 28, by striking ``$42.50'' and inserting ``$40'';

      On page 12, in line 26, by striking ``$42.50'' and inserting ``$40'';

      On page 16, in line 40, by striking ``$42.50'' and inserting ``$40'';

      On page 44, in line 25, by striking ``$990,000,000'' and inserting ``$500,000,000'';

      On page 51, by striking all in lines 36 through 43;

      By striking all on page 52;

      On page 53, by striking all in lines 1 through 23;

      By renumbering sections accordingly;

      On page 57, by striking all in lines 32 through 43;

      By striking all on pages 58 through 61;

      On page 62, by striking all in lines 1 through 9;

      By renumbering sections accordingly;

      Also on page 62, by striking all in lines 30 through 43;

      By renumbering sections accordingly;

      On page 63, by striking all in lines 33 through 43;

      On page 64, by striking all in line 1;

      By renumbering sections accordingly;

      Also on page 64, in line 6, by striking ``64.85%'' and inserting ``55.3%''; in line 7, by
striking ``35.15%'' and inserting ``44.7%''; in line 17, by striking ``2001'' and inserting
``2002'';in line 19, by striking ``9.788%'' and inserting ``10%''; by striking all in lines 23 through
43;

      On page 65, by striking all in lines 1 through 9; in line 20, by striking ``101.7%'' and
inserting ``100%''; in line 22, by striking ``and'' and inserting a semicolon; in line 24, by
striking ``101.7%'' and inserting ``100%''; in line 25, preceding the period, by inserting ``and
the amount of the transfer on each such date during state fiscal year 2002 shall not exceed
the amount equal to 100% of the amount transferred on the same date during state fiscal
year 2001'';

      On page 66, in line 38, by striking ``79-3491a, 79-3492b,''; in line 39, by striking ``79-
34,118,''; also in line 39, by striking ``79-34,141,''; in line 41, by striking ``, 79-3408c'';

      In the title, in line 20, by striking ``79-3491a, 79-3492b,''; in line 21, by striking ``79-
34,118,''; also in line 21, by striking ``79-34,141,''; in line 23, by striking ``, 79-3408c''.

 The motion failed and the amendment was rejected.

 Senator Stephens moved to amend the bill on page 2, in line 10, by striking
``$1,100,000,000'' and inserting ``$850,000,000'';

      On page 44, in line 17, by striking ``1999'' and inserting ``2001'';

      On page 57, following line 31, by inserting the following:

        ``Sec.  43. K.S.A. 1998 Supp. 79-3425i is hereby amended to read as follows: 79-3425i.
On January 15 and July 15 of each year, the director of accounts and reports shall transfer
a sum equal to the total taxes collected under the provisions of K.S.A. 79-6a04 and 79-6a10,
and amendments thereto, and credited to the state general fund during the six months next
preceding the date of transfer, from the state general fund to the special city and county
highway fund, created by K.S.A. 79-3425, and amendments thereto, except that: (1) Such
transfers are subject to reduction under K.S.A. 75-6704, and amendments thereto; and (2)
the amount of the transfer on each such date during state fiscal year 1999 2000 shall not
exceed the amount equal to 102.4% 101.7% of the amount transferred on the same date
during state fiscal year 1998 1999 and the amount of the transfer on each such date during
state fiscal year 2001 shall not exceed the amount equal to 101.7% of the amount transferred
on the same date during state fiscal year 2000. All transfers under this section shall be
considered to be demand transfers from the state general fund.'';

      By renumbering sections accordingly;

      On page 64, in line 6, by striking ``64.85%'' and inserting ``64.95%''; in line 7, by striking
``35.15%'' and inserting ``35.05%''; in line 19, by striking ``9.788%'' and inserting ``9%''; in
line 23, by striking ``2002'' and inserting ``2003''; in line 25, by striking ``11.384%'' and
inserting ``10%''; by striking all in lines 29 through 43;

      On page 65, by striking all in lines 1 through 9;

      On page 66, in line 41, following ``79-3408c'' by inserting ``, 79-3425i'';

      In the title, in line 23, following ``79-3408c'' by inserting ``, 79-3425i''.

 Senator Hensley requested the amendment be divided into two parts. The first part
contains the provisions of the amendment which makes amendments on pages 64 and 65
concerning the sales tax transfer to the state highway fund. The second part contains the
balance of the amendment not specified in part 1 of the motion.

 Upon the showing of five hands a roll call vote was requested on part 1.

      On roll call, the vote was: Yeas 13, nays 27, present and passing 0; absent or not voting
0.

      Yeas: Biggs, Clark, Downey, Feleciano, Gilstrap, Harrington, Hensley, Huelskamp, Jones,
Lee, Petty, Steineger, Stephens.

      Nays: Barone, Becker, Bleeker, Bond, Brownlee, Corbin, Donovan, Emert, Gooch,
Goodwin, Hardenburger, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

      The motion failed and the amendment was rejected.

 The motion failed, part 1 of the amendment was rejected and the amendment was
withdrawn.

 Senator Brownlee moved to amend the bill on page 44, in line 27, by striking ``, attorneys'';
in line 30, by inserting after the period, the following: ``In addition, all bond underwriters
shall comply with the request for qualifications submitted by the secretary.''; following line
30, by inserting a new subsection as follows:

      ``(d) All contracts to provide any legal services under the provisions of this act shall be
entered into pursuant to competitive bids in accordance with K.S.A. 75-3739, and
amendments thereto.'';

      On page 46, in line 9, preceding the period, by inserting the following: ``, except that all
bond transactions shall be reviewed by and subject to the approval of the office of the state
treasurer''.

 The motion failed and the amendment was rejected.

 Senator Huelskamp moved to amend the bill on page 2, in line 8, by striking all following
the period; by striking all of lines 9 through 11; in line 12, by striking ``June 30, 2009.''; on
page 51, by striking all in lines 36 through 43;

      By striking all of page 52;

      On page 53, by striking all of lines 1 through 23;

      By renumbering sections accordingly;

      On page 57, by striking all of lines 32 through 43;

      By striking all of pages 58 through 61;

      On page 62, by striking all of lines 1 through 9; by striking all of lines 30 through 43;

      By renumbering sections accordingly;

      On page 63, by striking all of lines 33 through 43;

      On page 64, by striking line 1; in line 6, by striking ``64.85%'' and inserting ``55.3%''; in
line 7, by striking ``35.15%'' and inserting ``44.7%'';

      By renumbering sections accordingly;

      On page 66, in line 38, by striking ``79-3491a, 79-3492b,''; in line 39, by striking ``79-
34,118,''; also in line 39, by striking ``79-34,141,''; in line 41, by striking ``, 79-3408c'';

      On page 1, in the title, in line 20, by striking ``79-3491a, 79-3492b,''; in line 21, by striking
``79-34,118,''; also in line 21, by striking ``79-34,141,''; in line 23, by striking ``, 79-3408c''.

 Upon the showing of five hands a roll call vote was requested.

      On roll call, the vote was: Yeas 15, nays 25, present and passing 0; absent or not voting
0.

      Yeas: Bleeker, Brownlee, Clark, Gilstrap, Harrington, Huelskamp, Jones, Jordan, Petty,
Pugh, Ranson, Salmans, Steineger, Stephens, Tyson.

      Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gooch, Goodwin, Hardenburger, Hensley, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Praeger, Salisbury, Steffes, Umbarger, Vidricksen, Vratil.

      The motion failed and the amendment was rejected.

 The Committee rose and reported progress on HB 2071 as amended in Committee of
the Whole be resumed for further consideration in general orders on Wednesday, March
24.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March
24, 1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.