J o u r n a l o f t h e H o u s e FOURTEENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Friday, January 31, 1997, 10:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 108 members present. Reps. Ballou, Compton, Flower, Freeborn, Kejr, Lloyd, McKechnie, Minor, Schwartz, Shore, Thimesch, Weber, Weiland and Wempe were excused on legislative business. Reps. Bradley, Spangler and Wagle were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, In Matthew 12:25, You said that a divided House ends in ruin. And when we look at the differences that exist in this House, quite candidly speaking, You have a job on Your Hands. We have attorneys, engineers, accountants and farmers. We have educators, people in business, social workers and homemakers. There is a police officer, a radio broadcaster, a supermarket owner and a publisher. Some of us are male . . . some of us are female . . . some of us are old . . . some of us are young, and some of us are somewhere in between. We have secretaries . . . we have pages . . . we have doorkeepers and news reporters. Some are Democrats, some are Republicans, some are pro . . . some are con. Some are liberal . . . some are conservative. Lord, this House is mixed up. We are culturally, ethnically, religiously and socially different. Remind us, therefore, that this diversity is all the more reason that we must look to you. When we look at this mix, it's something only You can fix. The closer You draw us to You, the closer You draw us to each other. You are the glue that can hold us together. Would You now work in out midst for Your purposes. I come to You in the Name of Christ Jesus. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2154, An act amending the state certified and license real property appraisers act; relating to appraisers; amending K.S.A. 58-4102 and 58-4103 and repealing the existing sections, by Committee on Financial Institutions. HB 2155, An act relating to state officers and employees; concerning a drug screening program for certain state officers and employees and certain applicants for state employment; amending K.S.A. 1996 Supp. 75-4362 and repealing the existing section, by Committee on Federal and State Affairs. HB 2156, An act relating to severance taxation; exempting oil and gas produced from horizontaldrilling therefrom; amending K.S.A. 1996 Supp. 79-4217 and repealing the existing section, by Committee on Taxation. HB 2157, An act relating to property taxation; concerning the valuation of certain commercial and industrial machinery and equipment; amending K.S.A. 1996 Supp. 79-1439 and repealing the existing section, by Committee on Taxation. HB 2158, An act relating to county roads; concerning certain construction and repair thereon; amending K.S.A. 68-1103 and repealing the existing section, by Committee on Transportation. HB 2159, An act enacting the personal and family protection act; providing for licensure to carry certain concealed weapons; prohibiting certain acts and prescribing penalties for violations; amending K.S.A. 1996 Supp. 21-4201 and repealing the existing section, by Representatives Hayzlett, Aurand, Ballou, Compton, Donovan, Faber, Farmer, Flower, Freeborn, Howell, Humerickhouse, Hutchins, Jennison, Kejr, Landwehr, Lloyd, Mason, Mayans, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Powell, Pugh, Ruff, Schwartz, Shore, Tanner and Weber. HB 2160, An act making and concerning appropriations for the fiscal years ending June 30, 1998, and June 30, 1999, and for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing; amending K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 and repealing the existing sections, by Committee on Appropriations. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2132, 2150. Business, Commerce and Labor: HB 2139. Committee of the Whole: HR 6004. Education: HB 2141, 2142, 2146, 2147; HCR 5007, 5008. Federal and State Affairs: HB 2149, 2151. Financial Institutions: HB 2131; SB 45, 46, 88. Governmental Organization and Elections: HB 2133, 2134, 2135, 2152; HCR 5006. Health and Human Services: HB 2137, 2148. Insurance: HB 2138, 2144; SB 49. Judiciary: HB 2143. Taxation: HB 2136, 2145, 2153. Utilities: HB 2140. COMMUNICATIONS FROM STATE OFFICERS From Timothy E. McKee, Chair, Kansas Corporation Commission, in accordance with K.S.A. 66-117b, Report to the 1997 Legislature. The complete report is kept on file and open for inspection in the office of the Chief Clerk. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6005-- By Representative Henry A RESOLUTION honoring the memory of Amelia Earhart. WHEREAS, Amelia Mary Earhart was born July 24, 1897, in Atchison, Kansas, to Edwin and Amy Otis Earhart and spent her formative years in Atchison and Kansas City, Kansas; and WHEREAS, Amelia Earhart's grandparents were early Kansas pioneers in the Kansas Territory. Her maternal grandfather, Judge Alfred Otis, was the law partner of one-time Kansas Governor George W. Glick. Her paternal grandfather, Rev. David Earhart, was a teacher and Lutheran minister on the Kansas frontier who served as regent of the State Agricultural College for six years and helped found Midland College in Atchison; and WHEREAS, Amelia Earhart developed her adventurous spirit as a young girl in Atchison, where she jumped fences, wore gym suits while playing, played football and other ``boys sports,'' hunted rats in the barn with a .22 caliber rifle and explored caves along the Missouri River bluff; and WHEREAS, Amelia Earhart was called ``Lady Lindy'' by the adoring American public because of her resemblance to Charles A. Lindbergh and her pioneering achievements in aviation. Her accomplishments include: First woman to receive pilot certification from the National Aeronautics Association (1923). First woman to cross the Atlantic by air (June 17-18, 1928). First woman to fly solo across the Atlantic (May 20-21, 1932). First woman to fly nonstop across the United States. First woman to fly an autogyro. First woman to fly an autogyro across the United States. First woman to receive the Distinguished Flying Cross (1932). First woman to fly from Hawaii to the West Coast (Jan. 11-12, 1935). First woman to enter the Aviation Hall of Fame in Dayton, Ohio (Dec. 17, 1968); and WHEREAS, Amelia Earhart received the following honors: Special Gold Medal of the National Geographic Society which was presented by President Herbert Hoover (June 21, 1932). Distinguished Flying Cross, awarded by the Congress of the United States (July 29, 1932). Gimbel Award as the ``Most Outstanding Woman of America in 1932.'' Cross of Legion d'Honneur from the French Air Minister. Decoration Medal from the Kingdom of Romania (1930); and WHEREAS, Amelia Earhart lost her life while attempting an around-the-world airplane flight in 1937; and WHEREAS, Amelia Earhart is an outstanding example of the men and women who are born and reared in the Sunflower State, and of whom we are proud; and WHEREAS, Amelia Earhart never forgot her origins, maintaining her roots in Kansas by frequent visits and speaking engagements, including a guest appearance at the Kansas State Editorial Convention in June, 1935; and WHEREAS, In addition to setting numerous distance, speed and endurance records in aviation, Amelia Earhart also dabbled in photography, writing for books and magazines, poetry and fashion design; and WHEREAS, Amelia Earhart was a founding member and the first president of The Ninety-Nines, an international organization of women pilots that now has over 7,000 members worldwide. She also was a member of Zonta International; and WHEREAS, The historic Atchison home where Amelia Earhart was born and spent her childhood is now a museum and is an attraction that draws hundreds of visitors to Kansas and Atchison each year; and WHEREAS, Atchison has honored and remembered its most famous native with statues on the downtown mall and in the international forest of friendship. Other memorial plaques and monuments can be found at Atchison's City Hall, library and municipal airport. The Amelia Earhart Airport and the Amelia Earhart Memorial Stadium continue to preserve her memory in Atchison; WHEREAS, In July, 1987, the state of Kansas honored Amelia Earhart by designating Highway 73 between Leavenworth and Horton the Amelia Earhart Memorial Highway: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That we honor the memory of this outstanding Kansan, Amelia Earhart; and Be it further resolved: That the Chief Clerk of the House of Representatives be directed to provide 10 enrolled copies of this resolution to Representative Henry. CONSENT CALENDAR No objection was made to HB 2044 appearing on the Consent Calendar for the second day. REPORTS OF STANDING COMMITTEE The Committee on Education recommends HB 2015 be passed. The Committee on Taxation recommends HB 2031 be passed. REPORT OF STANDING COMMITTEE Committee on Calendar and Printing recommends on Requests for Resolutions and Certificates that Request No. 8, by Representative P. Long, commending the First National Bank of Madison; Request No. 9, by Representatives Wempe and Edmonds, congratulating Jackie Stiles; Request No. 10, by Representative P. Long, commending the city of Madison; Request No. 11, by Representative Ballard, congratulating Evan Grosshans on achieving his Eagle Scout Award; Request No. 12, by Representative Henderson, congratulating Elder Rozell Totress and Cathedral of Faith Church of God; Request No. 13, by Representatives Shallenburger and Jennison, honoring Michelle Butler Latham; Request No. 14, by Representative McKinney, commending Misty Bowe and Kendall Ray; Request No. 15, by Representatives Phelps, Minor, E. Peterson and Pauls, congratulating Glenn Stabb; Request No. 16, by Representative McKechnie, commending Bill Hollenbeck for service to Pittsburg State University; Request No. 17, by Representative Phil Kline and the Johnson County Delegation, in memory of Stan Rose, publisher of Sun Enterprises; Request No. 18, by Representative Dreher, memorializing Congress to revise certain laws pertaining to retirement pay of disabled military veterans; be approved and the Chief Clerk of the House be directed to order the printing of said certificates and order drafting of said resolutions. On motion of Rep. Jennison, the committee report was adopted. 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 and concurrent resolution were read by title: HB 2161, An act concerning civil procedure; relating to subcontractors' liens; amending K.S.A. 1996 Supp. 60-1103b and repealing the existing section, by Committee on Judiciary. HB 2162, An act concerning residential building contractors; creating implied warranties of habitability and workmanlike construction, by Committee on Judiciary. HB 2163, An act concerning probate; relating to the disposal of certain tangible personal property; amending K.S.A. 59-623 and repealing the existing section, by Representative Carmody (By Request). HB 2164, An act concerning community colleges; providing for payments of state capital outlay aid; amending K.S.A. 72-4440, 72-4441 and 72-4442 and repealing the existing sections, by Committee on Education. HB 2165, An act concerning motor vehicles; relating to use of child car seats and seat belts; amending K.S.A. 8-1347, 8-2503, 8-2504 and 20-2801 and K.S.A. 1996 Supp. 8-1345 and 8-2118 and repealing the existing sections, by Representative O'Neal. HB 2166, An act making and concerning appropriations for the fiscal years ending June 30, 1997, and June 30, 1998, and authorizing certain financing, for certain capital improvement projects for the state fair board, department of social and rehabilitation services, Kansas state school for the blind, Kansas state school for the deaf, department of corrections, state historical society, insurance department, department of administration, department of commerce and housing, state board of regents, Fort Hays state university, Kansas state university, Kansas state university--veterinary medical center, Kansas state university--extension systems and agriculture research programs, Emporia state university, Pittsburg state university, university of Kansas, university of Kansas medical center, Wichita state university, department of human resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of investigation, Kansas highway patrol, adjutant general and department of wildlife and parks; authorizing the initiation and completion of certain capital improvement projects; and directing or authorizing certain disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2167, An act concerning driver's licenses; relating to a suspended license; amending K.S.A. 1996 Supp. 8-260 and repealing the existing section, by Representative Powell. HB 2168, An act amending the uniform act for the simplification of fiduciary security transfers; relating to inheritance tax liens; amending K.S.A. 17-4911 and repealing the existing section, by Committee on Financial Institutions. HB 2169, An act concerning crimes, punishment and criminal procedure; relating to the sentence of death; amending K.S.A. 21-4631, 21-4634, 21-4635 and 22-3705 and K.S.A. 1996 Supp. 21-3105, 21-4706 and 22-3717 and repealing the existing sections; also repealing K.S.A. 21-3439, 21-4622, 21-4623, 21-4624, 21-4625, 21-4626, 21-4627, 21-4629, 22-3704, 22-4001, 22-4002, 22-4003, 22-4004, 22-4005, 22-4006, 22-4009, 22-4011, 22-4012, 224013, 22-4014 and 22-4015, by Representatives Gilbert and Ruff and Alldritt, Farmer, Flaharty, Henderson, Kirk, Krehbiel, Larkin, Presta, Reardon, Samuelson, Sawyer, Spangler and Wells. HB 2170, An act relating to motor vehicles; providing for distinctive license plates for veterans of the United States army, navy, air force, marine corps or coast guard, by Representatives Johnson, Wilk and Adkins, Allen, Ballou, Beggs, Bradley, Carmody, Compton, Cox, Crow, Dahl, Dreher, Franklin, Geringer, Glasscock, Haley, Helgerson, Huff, Humerickhouse, Jennison, Kejr, Lane, P. Long, Mayans, McClure, McKechnie, Mollenkamp, Morrison, Palmer, J. Peterson, Pugh, Ruff, Shore, Stone, Tanner, Tomlinson, Toplikar, Vickrey, Vining and Wilson. HB 2171, An act concerning elections; relating to campaign finance; requiring the filing and disclosure of certain information; amending K.S.A. 1996 Supp. 25-4152 and repealing the existing section, by Committee on Governmental Organization and Elections. HB 2172, An act relating to property taxation; concerning the exemption therefrom of certain business machinery and equipment; amending K.S.A. 1996 Supp. 79-201w and repealing the existing section, by Committee on Taxation. HB 2173, An act relating to property taxation; exempting therefrom property used for environmental pollution control by electric utilities, by Committee on Taxation. HOUSE CONCURRENT RESOLUTION No. 5009 By Representative Sloan A PROPOSITION to amend sections 2, 4 and 7 of article 6 of the constitution of the state of Kansas, relating to education. 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: Sections 2, 4 and 7 of article 6 of the constitution of the state of Kansas are hereby amended to read as follows: ``(section) 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education ~~which shall have~~ and for its general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents. The state board of education shall perform such other duties as may be ~~provided~~ prescribed by law. (b) The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher education. Public institutions of higher education shall include universities and colleges granting baccalaureate or postbaccalaureate degrees and such other institutions and educational interests as may be provided by law. The state board of regents shall perform such other duties as may be prescribed by law. (c) Any municipal university shall be operated, supervised and controlled as provided by law. ``(section) 4. Commissioner of education and commissioner of higher education. (a) The ~~state board of education~~ governor shall appoint a commissioner of education, subject to confirmation by the senate, who shall serve at the pleasure of the ~~board as its executive officer~~ governor. The state board of education shall submit to the governor a list containing the names of nominees for appointment to the office of commissioner of education and appointment of the commissioner shall be made by the governor after consideration of the list of nominees. The commissioner of education shall be a member of the governor's cabinet, shall serve the state board of education as its executive officer, and shall act as a liaison between the governor and the state board of education. The commissioner of education shall perform such other duties as may be prescribed by law. (b) The governor shall appoint a commissioner of higher education, subject to confirmation by the senate, who shall serve at the pleasure of the governor. The state board of regents shall submit to the governor a list containing the names of nominees for appointment to the office of commissioner of higher education and appointment of the commissioner shall be made by the governor after consideration of the list of nominees. The commissioner of higher education shall be a member of the governor's cabinet, shall serve the state board of regents as its executive officer, and shall act as a liaison between the governor and the state board of regents. The commissioner of higher education shall perform such other duties as may be prescribed by law. ``(section) 7. Savings clause. ~~(a)~~ All laws in force at the time of the adoption of this amendment and consistent therewith shall remain in full force and effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, ~~1969~~ 1998. (b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction shall be elected after January 1, 1967. (c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would eliminate the constitutional power of the state board of education to generally supervise the public schools without being subject to statutory guidelines prescribed by the legislature. This amendment also would provide constitutional status for a commissioner of education and a commissioner of higher education, both of whom would be members of the governor's cabinet and approved by the state senate. ``A vote for this proposition would give greater accountability of education administrators to the executive and legislative branches of government with respect to the public schools. The state board of education would be responsible for implementation of public school policy under statutory directives adopted by the legislature. The commissioner of education would serve as chief administrative officer of the state board of education and the commissioner of higher education would serve as chief administrative officer of the state board of regents. The commissioners would provide liaison between the office of the governor and the state boards responsible for implementation of education policy. ``A vote against this proposition would continue in effect the authority of the state board of education to exercise legislative power in establishing policy regarding the public schools independent of direct input by the governor and legislature. A vote against this proposition also would continue in effect the current exclusion of education representatives from the governor's cabinet.'' 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 to be held 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. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, February 3, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+