J o u r n a l o f t h e H o u s e FIFTEENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Monday, February 3, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 124 members present. Rep. Krehbiel was excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, Thank You for another weekend and the grace that has kept us. As we return to these halls, help us to sense the seriousness of the life changing and sometimes life saving responsibilities that we have received from Your Hand. But along with that, please give us a sense of balance. Keep us lighthearted enough to avoid an insensitive heaviness. Keep us loose enough, to where we're not too loose. Keep us sharp enough, to where we're not too dull, and then take some of the edge off, so we're not too sharp. Give us purpose, and focus, that is solid and secure. The Psalmist said in 37:23, that the steps of a good man are ordered by the Lord, so please order our steps in Your Word. I come to You in the Name of Jesus. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2174, An act concerning lotteries; providing for the operation of certain state-owned and operated lottery games at certain racetrack facilities; providing for disposition of revenues from such games; prohibiting certain acts and providing penalties for violations; amending K.S.A. 74-8701, 74-8702, 74-8704, 74-8706, 74-8711, 74-8716 and 74-8720 and K.S.A. 1996 Supp. 74-8710, 74-8718, 74-8719 and 74-8810 and repealing the existing sections, by Committee on Federal and State Affairs. HB 2175, An act concerning state officers; providing for the appointment by the governor of the commissioner of insurance and the state treasurer; amending K.S.A. 25-101, 25-101a, 25-4001 and 75-601 and K.S.A. 1996 Supp. 25-213, 40-102 and 75-3111a and repealing the existing sections; also repealing K.S.A. 25-101b and 40-106 and K.S.A. 1996 Supp. 75-3108, by Representative Mayans. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2160, 2166. Business, Commerce and Labor: HB 2154, 2155. Education: HB 2164; HCR 5009. Federal and State Affairs: HB 2159, 2169. Governmental Organization and Elections: HB 2171. Judiciary: HB 2161, 2162, 2163, 2168. Taxation: HB 2156, 2157, 2172. Transportation: HB 2158, 2165, 2167, 2170. Utilities: HB 2173. MESSAGE FROM THE GOVERNOR February 3, 1997 Message to the House of Representatives of the State of Kansas: Enclosed herewith is Executive Order No. 97-3 for your information. EXECUTIVE ORDER NO. 97-3 Offer of Reward. Bill Graves Governor The above Executive Order is on file and open for inspection in the office of the Chief Clerk. COMMUNICATIONS FROM STATE OFFICERS From James Maag, Chairperson, Kansas Guardianship Program, 1996 annual report. From Norma L. Daniels, Chair, Kansas Rural Development Council, 1996 Annual Report. From the State Records Board, Annual Report for fiscal year 1996, prepared by the staff of the Kansas State Historical Society. The complete reports are 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. 6006-- By Representatives Phil Kline, Adkins, Allen, Ballou, Benlon,Campbell, Carmody, Cox, Franklin, Gilmore, Huff, Phill Kline, Lane, O'Connor, Ray, Storm, Tomlinson, Toplikar, and Wilson A RESOLUTION in memory of Mr. Stan Rose. WHEREAS, Stan Rose died January 11, 1997, at age 78, of multiple strokes; and WHEREAS, Stan Rose was co-founder of Sun Publications, in addition to being a journalist, author and publisher; and WHEREAS, Stan Rose returned to Kansas and Johnson County in 1946 after spending four years in the U.S. Navy and, with his wife, Shirley, purchased a small Kansas City tabloid, The Weekly Highlight. In 1948 they bought an interest in Prom Magazine, and in 1950 they established a new newspaper, the Prairie Scout. They also started a TV magazine called TV Preview; and WHEREAS, The Roses also started The Plaza Magazine and The Sun newspaper, and purchased an interest in the Kansas City Jewish Chronicle. These interests plus the College Boulevard News, Kansas City Nursing News and the Johnson County Business Times became a part of Sun Publications. In later years Mr. Rose became a world correspondent for The Sun and the National Newspaper Association and traveled extensively; and WHEREAS, Mr. and Mrs. Rose were exemplary benefactors and supporters of the American Cancer Society and Johnson County Community College, among other charitable and worthy causes. They were named Johnson Countians of the year in 1991, the first time a couple was given that honor, and in 1992 became the first couple to be honored as Philanthropists of the Year by the Greater Kansas City Council of Philanthropy; and WHEREAS, Stan Rose was known for his integrity, compassion, determination, sense of humor and love for community; and WHEREAS, Stan Rose will be deeply missed by his family, friends and community because of his outstanding life and character; and WHEREAS, Stan Rose was a great Johnson Countian, Kansan, American and gentleman; and WHEREAS, Stan Rose is survived by his widow, Shirley, a son, Mr. Stephen Rose, and a daughter, Mrs. Stephen Small and six grandchildren: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That we extend our deepest sympathy to the family of Stan Rose; and Be it further resolved: That the Chief Clerk of the House of Representatives be directed to send an enrolled copy of this resolution to Mrs. Stan Rose, 6301 W. 92nd Street, Shawnee Mission, KS 66212; Mr. and Mrs. Stephen Rose, 8600 Mission Road, Shawnee Mission, KS 66206, and Mr. and Mrs. Stephen Small, 12420 Linden, Shawnee Mission, KS 66209. MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY On motion of Rep. Henry, HR 6005, A resolution honoring the memory of Amelia Earhart, was adopted. INTRODUCTION OF GUESTS Rep. Henry introduced June Lynn and Marilyn Copeland, Co-Chairs of the Amelia Earhart Birthday Centennial Committee; Stan Herd, Kansas artist who is preparing an earthwork of Amelia Earhart near Warnock Lake in Atchison; Cloud L. ``Bud'' Cray, Jr. and former United States Senator Nancy Kassebaum Baker, Honorary Co-Chairs of the Amelia Earhart Birthday Centennial Committee. Senator Kassebaum Baker addressed a few remarks to the members of the House. CONSENT CALENDAR No objection was made to HB 2044 appearing on the Consent Calendar for the third day. The bill was advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2044, An act concerning health maintenance organizations; regarding financial projections submitted in connection with applications for certificates of authority; amending K.S.A. 1996 Supp. 40-3203 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Mayans. Present but not voting: None. Absent or not voting: Krehbiel. The bill passed. 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 resolutions were read by title: HB 2176, An act concerning professional corporations; relating to participation by social workers; amending K.S.A. 17-2710 and repealing the existing section, by Committee on Business, Commerce and Labor. HB 2177, An act concerning electric service; relating to retail service areas; providing for determination of certain rates and charges; repealing K.S.A. 66-1,159 through 66-1,165, 66-1,168, 66-1,169a, 66-1,169c, 66-1,170 through 66-1,176, 66-1,176a, 66-1,176b and 661,176c and K.S.A. 1996 Supp. 66-1,158 and 66-1,169b, by Representative Sloan. HB 2178, An act concerning the employment security law; relating to hearing procedures thereunder; amending K.S.A. 1996 Supp. 44-709 and repealing the existing section, by Representative Nichols. HB 2179, An act concerning tax increment financing; providing for use thereof for residential purposes; amending K.S.A. 1996 Supp. 12-1771 and repealing the existing section, by Committee on Economic Development. HB 2180, An act repealing K.S.A. 65-461, 65-462, 65-463, 65-464, 65-465, 65-466 and 65-467; concerning the certification of facilities providing services and care for post-acute trauma head-injured persons, by Committee on Health and Human Services. HB 2181, An act establishing a cancer registry in the state of Kansas and providing for rules and regulations for the operation thereof, by Committee on Health and Human Services. HB 2182, An act repealing K.S.A. 65-4801, 65-4802, 65-4803, 65-4804, 65-4805, 654806, 65-4807, 65-4808, 65-4809, 65-4811, 65-4815, 65-4816, 65-4817, 65-4818, 65-4819, 65-4820, 65-4821 and 65-4822; relating to the certificate of need program for health facilities, by Committee on Health and Human Services. HB 2183, An act concerning the department of health and environment; licensed speech language pathologists and audiologists continuing education sponsors; amending K.S.A. 656501 and 65-6512 and repealing the existing sections, by Committee on Health and Human Services. HB 2184, An act concerning the department of health and environment; licensed dietitian continuing education sponsors; amending K.S.A. 65-5902 and K.S.A. 1996 Supp. 65-5913 and repealing the existing sections, by Committee on Health and Human Services. HB 2185, An act concerning department of health and environment; adult care home administrator continuing education sponsors; amending K.S.A. 1996 Supp. 65-3501 and 653503 and repealing the existing sections, by Committee on Health and Human Services. HB 2186, An act concerning crimes and punishment; relating to false identification documents; amending K.S.A. 21-3830 and repealing the existing section, by Committee on Judiciary. HB 2187, An act concerning crimes and punishment; relating to lesser included crimes; amending K.S.A. 21-3107 and repealing the existing section, by Committee on Judiciary. HB 2188, An act concerning the department of wildlife and parks; relating to improvement and development of certain state parks; long-term leases; taxation, by Representative Wempe. HB 2189, An act relating to insurance; concerning the mandatory reinstatement of certain life insurance policies in case of mental incapacity of an insured, by Representative Tanner (By Request). HB 2190, An act providing for funding of the Kansas silver haired legislature from income tax paid on social security income, by Representative Tanner (By Request). HB 2191, An act concerning crimes and punishment; relating to battery against a person on school property; amending K.S.A. 1996 Supp. 21-3443 and repealing the existing section, by Representative Tanner (By Request). HB 2192, An act concerning the department on aging; relating to certain programs and activities thereof and funding therefor; making appropriations for the fiscal year ending June 30, 1998, by Representative Tanner (By Request). HB 2193, An act concerning public health and welfare; relating to the funding of services and regulatory activities of the department on aging, department of social and rehabilitation services and department of health and environment; amending K.S.A. 1996 Supp. 75-3717 and repealing the existing section, by Representative Tanner (By Request). HB 2194, An act concerning children and minors; relating to visitation rights of grandparents; amending K.S.A. 38-129 and K.S.A. 1996 Supp. 60-1616 and repealing the existing sections, by Representative Tanner (By request). HB 2195, An act concerning juveniles; amending K.S.A. 1995 Supp. 38-1607, as amended by section 46 of chapter 229 of the 1996 Session Laws of Kansas, and 38-1663, as amended by section 81 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1996 Supp. 38-120 and repealing the existing sections, by Representative Tanner (By Request). HB 2196, An act providing consumer choice of health care provider; enacting the patient protection act, by Representative Tanner (By Request). HB 2197, An act concerning juveniles; relating to city ordinance violations; amending K.S.A. 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section, by Representative Tanner. HB 2198, An act relating to sales taxation; exempting purchases of certain water utilities; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Committee on Taxation. HOUSE CONCURRENT RESOLUTION No. 5010-- By Representative Tanner (By Request) A CONCURRENT RESOLUTION concerning public school finance. WHEREAS, The Committee on Education of the Silver Haired Legislature was charged with the responsibility of considering SHL Bill No. 1311, concerning public school finance; and WHEREAS, The Committee on Education of the Silver Haired Legislature heard extensive testimony on the issue of public school finance from State Representative Ralph Tanner, Deputy Commissioner of Education Dale Dennis, and Research Analyst Chris Courtwright; and WHEREAS, The Committee on Education of the Silver Haired Legislature concluded that the Kansas Legislature should be encouraged in the performance of the Legislature's constitutional duty to provide for a suitable education for all school-aged Kansas children; and WHEREAS, The Committee on Education of the Silver Haired Legislature also concluded that guidelines for provision of a suitable education in Kansas should be such that all Kansas children, upon graduation from high school, will be prepared to enter an institution of higher education of their choice and maintain their status as students or, in the alternative, will be prepared to enter the work force of their choice, and in either circumstance, will be enabled to achieve success in their choice of vocation; and WHEREAS, The Silver Haired Legislature, upon the recommendation of its Committee on Education, adopted Substitute Resolution for SHL Bill No. 1311, urging the Kansas Legislature to further its study of the issue of public school finance, to consider carefully the financial resources of Kansas citizens, and to provide suitable funding for the education of Kansas children in an adequate, equitable and fair manner: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature, in recognition of the efforts of the Silver Haired Legislature and upon determination that there is a need for all school-aged Kansas children to be provided with a suitable education, hereby pledges fulfillment of its constitutional duty to ``make suitable provision for finance of the educational interests of the state'' by making the funding of public schools a high priority item when deliberating upon the state budget. HOUSE CONCURRENT RESOLUTION No. 5011-- Representative Tanner (By Request) A CONCURRENT RESOLUTION requesting the Kansas Legislature to enact legislation to prescribe more severe penalties for violations of laws in circumstances relating to abuse, neglect or exploitation of adults. WHEREAS, The Kansas Legislature enacted K.S.A. 39-1402, and amendments thereto, which prescribes that any person who is required to report information or to cause a report to be made of information regarding instances of a person who is a resident of an adult care home, adult family home, medical care facility or who is receiving services from a community mental retardation facility or a facility licensed under K.S.A. 75-3307b, and amendments thereto, or care or treatment from a state psychiatric hospital or a state institution for the mentally retarded, being abused, neglected or exploited or of any such person in need of protective services and who knowingly fails to make such report or cause such report not to be made, shall be guilty of a class B misdemeanor; and WHEREAS, The Kansas Legislature has enacted K.S.A. 39-1431, and amendments thereto, which prescribes that any person who is required to report information or to cause a report to be made of information regarding instances of an adult being abused, neglected or exploited or of an adult in need of protective services and who knowingly fails to make such report or cause such report not to be made, shall be guilty of a class B misdemeanor; and WHEREAS, During the 1996 regular session, the Kansas Legislature enacted 1996 Senate Bill No. 297, which is published in Chapter 121 of the 1996 Session Laws of Kansas and which provides for enhanced civil penalties under the Kansas consumer protection act when elder or disabled persons are victims of violations of the Kansas consumer protection act; and WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1315 during the Kansas Silver Haired Legislature's Session in October, 1996, requesting the Kansas Legislature to enact more severe penalties for violations of laws in circumstances relating to abuse, neglect or exploitation of adults: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Kansas Legislature is hereby requested to enact more severe penalties for violations of statutes requiring the reporting of instances of adults who are being abused, neglected or exploited or who are in need of protective services and for acts or omissions which are violations of statutes and which result in abuse, neglect or exploitation of adults. Committee Report REPORTS OF STANDING COMMITTEES The Committee on Appropriations recommends HB 2038 be amended on page 5, in line 21, by striking ``Ilysses'' and inserting ``Ulysses''; On page 6, in line 33, by striking ``Larned State Hospital'' and inserting ``department of social and rehabilitation services''; in line 34, by striking ``operating expenditures'' and inserting ``amount allocated for Larned state hospital within the mental health and retardation services aid and assistance and state institutions operations''; in line 36, before the comma, by inserting ``by Larned state hospital''; in line 39, by striking ``Larned State Hospital'' and inserting ``department of social and rehabilitation services''; in line 40, before ``work'' by inserting ``Larned state hospital--''; in line 41, before the comma, by inserting ``by Larned state hospital''; On page 7, in line 4, before ``gifts'' by inserting ``Kansas arts commission''; in line 23, by striking ``There is appropriated from the state general'' and inserting ``The department of administration is hereby authorized and directed to pay the following amount from the canceled warrants payment''; in line 36, after ``thorized'' by inserting ``and directed''; On page 8, in line 24, by striking ``Kansas State Fair'' and inserting ``state fair board''; in line 35, by striking ``Ellsworth Correctional Facility'' and inserting ``department of corrections''; in line 36, before ``facilities'', by inserting ``amount allocated for Ellsworth correctional facility within the''; in line 38, before ``facility'', by inserting ``Ellsworth correctional''; in line 40, by striking ``El Dorado Correctional Facility'' and inserting ``department of corrections''; in line 41, before ``facilities'', by inserting ``amount allocated for El Dorado correctional facility within the''; On page 9, in line 1, by striking ``such'' and inserting ``the El Dorado correctional''; in line 6, by striking ``El Dorado Correctional Facility'' and inserting ``department of corrections''; in line 7, before ``facilities'', by inserting ``amount allocated for El Dorado correctional facility within the''; in line 9, before the comma, by inserting ``at the El Dorado correctional facility''; in line 13, by striking ``Lansing Correctional Facility'' and inserting ``department of corrections''; in line 14, before ``facilities'', by inserting ``amount allocated for Lansing correctional facility within the''; in line 17, by striking ``such'', and inserting ``the Lansing correctional''; in line 18, by striking ``Reginold'' and inserting ``Reginald''; in line 25, by striking ``Norton Correctional Facility'' and inserting ``department of corrections''; in line 26, before ``facilities'', by inserting ``amount allocated for Norton correctional facility within the''; in line 29, by striking ``such'', and inserting ``the Norton correctional''; in line 30, by striking ``Carter'' and inserting ``Corter''; in line 31, by striking ``Hutchinson Correctional Facility'' and inserting ``department of corrections''; in line 32, before ``facilities'', by inserting ``amount allocated for Hutchinson correctional facility within the''; in line 34, before the comma, by inserting ``at the Hutchinson correctional facility''; in line 35, in the name, following the initial ``F'', by inserting a period; On page 10, in line 12, by striking ``Kansas state board'' and inserting ``department''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends HB 2080 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 Governmental Organization and Elections recommends HB 2020 be amended on page 1, in line 36, by striking ``May'' and inserting ``August''; and the bill be passed as amended. The Committee on Judiciary recommends HB 2042 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. On motion of Rep. Jennison, the House adjourned until 10:30 a.m., Tuesday, February 4, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+