J o u r n a l   o f   t h e   H o u s e


                                  TWELFTH DAY
                                    --------


                                           HALL OF THE HOUSE OF
     REPRESENTATIVES
                          TOPEKA, KAN., Wednesday, January 29, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
  The roll was called with 125 members present.
  Prayer by guest chaplain, Dr. B. David Hill, pastor, Southwest Baptist
Church, Wichita, and guest of Rep. Dean:
     Our Heavenly Father, we offer you praise, honor and glory. We depend
   upon you and we acknowledge you Lordship. On this Kansas Day we thank you
   for the boundless ways you have blessed Kansas. We thank you for the
   Kansans who have given of themselves to make this state great. We thank
   you for the farmer who harvests food that feeds so many. We thank you for
   the teacher who trains young minds for future leadership. We thank you for
   this legislative body. Forgive us when we have failed to do your will.
   Grant to each in this room wisdom to live with moral purity, ethical
   integrity, and with a knowledge of how decisions made here will affect
   future generations of Kansans. We ask for grace to sustain us as we work.
   In Jesus' name, Amen.
   INTRODUCTION OF GUESTS   Speaker pro tem Wagle introduced the Topeka
   High School Madrigals and their director, Steve Eubanks. The group
   presented several choral numbers.
   INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS   The following
   bills and concurrent resolution were introduced and read by title:
     HB 2113, An act relating to tax liens; amending K.S.A. 79-3235 and
   79-3617 and repealing the existing sections, by Representative Correll.
     HB 2114, An act concerning elections; relating to voter
   registration; amending K.S.A. 1996 Supp. 25-2309 and 25-2311 and repealing
   the existing sections, by Committee on Governmental Organization and
   Elections.
     HB 2115, An act relating to sales taxation; exempting sales by
   members of the Girl Scouts of America therefrom; amending K.S.A. 1996
   Supp. 79-3606 and repealing the existing section, by Committee on
   Taxation.
     HB 2116, An act relating to community colleges; authorizing the
   imposition of a retailers' sales tax by the governing body thereof;
   providing authorities and duties for the department of revenue relating
   thereto; amending K.S.A. 71-204 and repealing the existing section, by
   Committee on Taxation.
     HB 2117, An act relating to property taxation; requiring approval
   of certain exemptions therefrom by school districts, by Committee on
   Taxation.
     HB 2118, An act relating to sales taxation; exempting certain
   purchases of the Habitat for Humanities; amending K.S.A. 1996 Supp.
   79-3606 and repealing the existing section, by Committee on Taxation.
     HB 2119, An act concerning community colleges; transferring
   supervision thereof from the state board of education to the state board
   of regents; providing for state operating grants; amending K.S.A.
   12-16,102, 71-202, 71-204, 71-211, 71-612, 71-613, 71-615, 71701, 71-801,
   71-802, 71-901, 71-902, 71-1104, 71-1105, 71-1106, 71-1201, 71-1309,
   711406, 71-1507, 71-1702, 72-7518a, 72-9002 and 72-9006 and K.S.A. 1996
   Supp. 71-201, 71301, 71-603, 71-609 and 71-611 and repealing the existing
   sections; also repealing K.S.A. 71-304, 71-305, 71-306, 71-401, 71-402,
   71-403, 71-601, 71-605, 71-609a, 71-610, 71-1705 and 72-4424 and K.S.A.
   1996 Supp. 71-406, 71-602, 71-607, 71-613a and 71-619, by Representatives
   Reinhardt and Empson.
     HB 2120, An act concerning insurance; relating to available
   medical treatment; amending K.S.A. 1996 Supp. 44-510 and repealing the
   existing section, by Committee on Insurance.
     HB 2121, An act concerning the employment security law; relating
   to wage reports; amending K.S.A. 1996 Supp. 44-717 and repealing the
   existing section, by Committee on Business, Commerce and Labor.
     HB 2122, An act concerning the workers compensation act, relating
   to the definition of health care provider thereunder; amending K.S.A. 1996
   Supp. 44-508 and repealing the existing section, by Committee on Business,
   Commerce and Labor.
     HB 2123, An act designating bridge no. 013 located on United
   States highway 59 in Atchison county as the Amelia Earhart memorial
   bridge, by Representative Henry.
   HOUSE CONCURRENT RESOLUTION No. 5005--
            By Committee on Governmental Organization and Elections
   A PROPOSITION to amend section 1 of article 10 of the constitution of the
   state of Kansas, relating to the reapportionment of senatorial and
   representative districts.
   Be it resolved by the Legislature of the State of Kansas, two-thirds of
   the members elected (or appointed) and qualified to the House of
   Representatives and two-thirds of the members elected (or appointed) and
   qualified to the Senate concurring therein:
     Section 1.  The following proposition to amend the constitution of the
   state of Kansas shall be submitted to the qualified electors of the state
   for their approval or rejection: Section 1 of article 10 of the
   constitution of the state of Kansas is hereby amended to read as follows:
     ``(section) 1.  Reapportionment of senatorial and representative
   districts. (a) At its regular session in 1989, the legislature shall
   by law reapportion the state representative districts, the state
   senatorial districts or both the state representative and senatorial
   districts upon the basis of the latest census of the inhabitants of the
   state taken by authority of chapter 61 of the 1987 Session Laws of
   Kansas. At its regular session in 1992, and at its regular session
   every tenth year thereafter, the legislature shall, by law,
   shall reapportion the state senatorial districts and representative
   districts on the basis of the population of the state as established by
   the most recent census of population taken and published by the United
   States bureau of the census. Senatorial and representative districts
   shall be reapportioned upon the basis of the population of the state
   adjusted: (1) To exclude nonresident military personnel stationed within
   the state and nonresident students attending colleges and universities
   within the state; and (2) to include military personnel stationed within
   the state who are residents of the state and students attending colleges
   and universities within the state who are residents of the state in the
   district of their permanent residence. Bills reapportioning legislative
   districts shall be published in the Kansas register immediately upon final
   passage and shall be effective for the next following election of
   legislators and thereafter until again reapportioned.
     (b)  Within 15 days after the publication of an act reapportioning the
   legislative districts within the time specified in (a), the attorney
   general shall petition the supreme court of the state to determine the
   validity thereof. The supreme court, within 30 days from the filing of the
   petition, shall enter its judgment. Should the supreme court determine
   that the reapportionment statute is invalid, the legislature shall enact a
   statute of reapportionment conforming to the judgment of the supreme court
   within 15 days.
     (c)  Upon enactment of a reapportionment to conform with a judgment
   under (b), the attorney general shall apply to the supreme court of the
   state to determine the validity thereof. The supreme court, within 10 days
   from the filing of such application, shall enter its judgment. Should the
   supreme court determine that the reapportionment statute is invalid, the
   legislature shall again enact a statute reapportioning the legislative
   districts in compliance with the direction of and conforming to the
   mandate of the supreme court within 15 days after entry thereof.
     (d)  Whenever a petition or application is filed under this section, the
   supreme court, in accordance with its rules, shall permit interested
   persons to present their views.
     (e)  A judgment of the supreme court of the state determining a
   reapportionment to be valid shall be final until the legislative districts
   are again reapportioned in accordance herewith.''
     Sec. 2.  The following statement shall be printed on the ballot with the
   amendment as a whole:
     ``Explanatory statement. The purpose of this amendment is to
   eliminate the adjustment of census taken by the United States bureau of
   the census regarding nonresident military personnel and nonresident
   students when reapportioning the Kansas senate and house of
   representatives.
     ``A vote for this proposition would eliminate the adjustment of census
   taken by the United States bureau of the census regarding nonresident
   military personnel and nonresident students when reapportioning the Kansas
   senate and house of representatives.
     ``A vote against this proposition would continue in effect the
   requirement for the adjustment of census taken by the United States bureau
   of the census regarding nonresident military personnel and nonresident
   students when reapportioning the Kansas senate and house of
   representatives.''
  Sec. 3.  This resolution, if approved by two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of
the members elected (or appointed) and qualified to the Senate, shall be
entered on the journals, together with the yeas and nays. The secretary of
state shall cause this resolution to be published as provided by law and shall
cause the proposed amendment to be submitted to the electors of the state at
the general election in the year 1998 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall
be submitted to the electors of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS   The following bills and
resolutions were referred to committees as indicated:
  Calendar and Printing: HB 2110.
  Education: HB 2112.
  Federal and State Affairs: HB 2108.
  Health and Human Services: HB 2106.
  Taxation: HB 2107, 2109, 2111.
MESSAGE FROM THE GOVERNOR
                                January 27, 1997
Message to the House of Representatives of the State of Kansas:
  Enclosed herewith is Executive Order No. 97-2 for your information.
                                          Bill Graves
                                          Governor
                            EXECUTIVE ORDER NO. 97-2
        Establishing the Amelia Earhart Centennial Celebration Committee
  The above Executive Order is on file and open for inspection in the office of
the Chief Clerk.
MESSAGE FROM THE SENATE   Announcing passage of SB 2, 7 and 20.
  The Senate adopts the conference committeee report on SCR 1603.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS   The following
Senate bills were thereupon introduced and read by title:
  SB 2, 7 and 20.
CONSENT CALENDAR   No objection was made to HB 2023 appearing on the
Consent Calendar for the second day.
  On motion of Rep. Jennison, the House went into Committee of the Whole, with
Rep. Carmody in the chair.
COMMITTEE OF THE WHOLE   On motion of Rep. Carmody, Committee of the Whole
report, as follows, was adopted:
  Recommended that HB 2045 be passed.
  On motion of Rep. Mason to amend HB 2030, Rep. Adkins moved that the
bill be rereferred to Committee on Taxation.
  Roll call was demanded.
  On roll call, the vote was: Yeas 66; Nays 59; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Correll,
Cox, Crow, Dean, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora,
Garner, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Horst,
Huff, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J.
Long, McClure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver,
Sloan, Spangler, Stone, Storm, Thimesch, Toelkes, Tomlinson, Weiland, Wells,
Welshimer, Wempe, Wilk.
  Nays: Aurand, Ballou, Boston, Bradley, Campbell, Carmody, Compton, Dahl,
Donovan, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore,
Hayzlett, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Johnson, Kejr,
Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McCreary,
Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Packer, Palmer, J.
Peterson, Pottorff, Powell, Powers, Presta, Pugh, Schwartz, Shallenburger,
Shore, Shultz, Swenson, Tanner, Toplikar, Vickrey, Vining, Wagle, Weber,
Wilson.
  Present but not voting: None.
  Absent or not voting: None.
  The motion prevailed and HB 2030 be rereferred to Committee on
Taxation.
REPORTS OF STANDING COMMITTEES   The Committee on Insurance
recommends HB 2044 be passed and, because the committee is of the opinion
that the bill is of a noncontroversial nature, be placed on the consent
calendar.
  The Committee on Insurance recommends HB 2083 be amended on page
8, in line 31, after ``40-3304'' by inserting ``, 40-3314'';
  In the title, in line 13, after ``K.S.A.'' by inserting ``40-3314 and
K.S.A.''; and the bill be passed as amended.
  Upon unanimous consent, the House referred back to the regular order of
business, Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS   The following bills
were read by title:
  HB 2124, An act concerning the employment security law relating to the
benefit eligibility; amending K.S.A. 1996 Supp. 44-706 and repealing the
existing section, by Representative Empson.
  HB 2125, An act concerning the district court; relating to the clerk of
the district court; amending K.S.A. 20-3133 and repealing the existing section,
by Representative Swenson (By Request).
  HB 2126, An act concerning limited liability companies; relating to
such companies exercising powers of a professional association or professional
corporation; amending K.S.A. 17-7604, 17-7607 and 17-7608 and K.S.A. 1996 Supp.
40-3401 and repealing the existing sections, by Committee on Judiciary.
  HB 2127, An act concerning corrections; relating to disposition of
certain moneys paid to inmates; amending K.S.A. 1996 Supp. 75-5268 and
repealing the existing section, by Committee on Appropriations.
  HB 2128, An act relating to elections; relating to certain campaign
practices; amending K.S.A. 25-4119g and 25-4156 and K.S.A. 1996 Supp. 25-4152
and repealing the existing sections, by Representative Sloan.
  HB 2129, An act concerning licensed masters level psychologists;
practice requirements; amending K.S.A. 1996 Supp. 74-5362 and 74-5363 and
repealing the existing sections; also repealing K.S.A. 74-5363, as amended by
section 124 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on
Appropriations.
  HB 2130, An act concerning campaign finance; relating to contributions
and the use thereof; amending K.S.A. 1996 Supp. 25-4157a and repealing the
existing section, by Representative O'Neal.
  On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday,
January 30, 1997.
                                             CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
                                      +--+
                                      |  |
                                      +--+