J o u r n a l o f t h e H o u s e SEVENTEENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Wednesday, February 5, 1997, 10:00 a.m. The House met pursuant to adjournment with Speaker pro tem Wagle in the chair. The roll was called with 124 members present. Rep. Farmer was excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, You justly weigh each of us in the balance, and You righteously determine the outcome of our endeavors. Therefore as legislation is formed in these halls, let that which is finally approved be even and just in its dealings. You said in Proverbs 20:23, and again in Leviticus 19:33-37, that in the ministering of justice, You detest uneven scales. You said in that same passage of Scripture, that in order to treat others justly, we should obey Your laws and live by them. Help these representatives to represent prudence, sound judgement and the use of honest weights and measures. Would You teach us and lead us in this great political process, by way of that ``Great Political Textbook'' . . . Your Holy Word. I come to You in the precious Name of Jesus. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: HB 2221, An act establishing the Kansas educational savings plan trust; creating a board of directors thereof; prescribing certain powers and duties; relating to investment income and payments of benefits, by Representative Powers. HB 2222, An act concerning land surveys and land surveyors; relating to qualifications and duties of surveyors; amending K.S.A. 58-2003, 58-2005, 58-2011 and 74-7022 and repealing the existing sections, by Committee on Governmental Organization and Elections. HB 2223, An act concerning cities; relating to improvements; amending K.S.A. 12-6a07 and repealing the existing section, by Committee on Governmental Organization and Elections. HB 2224, An act concerning the state board of pharmacy; civil fines; amending K.S.A. 1996 Supp. 65-1658 and repealing the existing section, by Committee on Health and Human Services. HB 2225, An act concerning the uniform controlled substances act; substances included in schedule IV; amending K.S.A. 1996 Supp. 65-4111 and repealing the existing section, by Committee on Health and Human Services. HOUSE CONCURRENT RESOLUTION No. 5012-- By Representatives Freeborn, Palmer and Ballou and Adkins, Beggs, Boston, Bradley, Compton, Dahl, Donovan, Edmonds, Faber, Farmer, Flower, Franklin, Geringer, Gilmore, Glasscock, Hayzlett, Horst, Huff, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Packer, J. Peterson, Pottorff, Powell,
Powers, Presta, Pugh, Ray, Shallenburger, Shore, Shultz, Sloan, Swenson, Thimesch, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk and Wilson A CONCURRENT RESOLUTION to memorialize Congress to submit the balanced budget amendment to the constitution of the United States to the states for ratification. WHEREAS, The annual federal budget has not been balanced since 1969, and the federal public debt is now more than $5 trillion or $20,000 for every man, woman and child in America; and WHEREAS, Continued deficit spending demonstrates an unwillingness or inability of both the federal executive and legislative branches to spend no more than available revenues; and WHEREAS, Fiscal irresponsibility at the federal level is lowering our standard of living, destroying jobs and endangering economic opportunity now and for the next generation; and WHEREAS, The federal government's unlimited ability to borrow raises questions about fundamental principles and responsibilities of government, with potentially profound consequences for the nation and its People, making it an appropriate subject for limitation by the Constitution of the United States; and WHEREAS, The Constitution of the United States vests the ultimate responsibility to approve or disapprove constitutional amendments with the People, as represented by their elected State Legislatures; and opposition by a small minority repeatedly has thwarted the will of the People that a Balanced Budget Amendment to the Constitution should be submitted to the States for ratification: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Congress of the United States expeditiously pass, and propose to the Legislatures of the several States for ratification, an amendment to the Constitution of the United States requiring in the absence of a national emergency that the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year. Be it further resolved: That the Secretary of State be directed to send enrolled copies of this resolution to the President of the United States Senate, the Speaker of the House of Representatives of the United States, each member of the Kansas congressional delegation, and the secretary of state and the presiding officers of both houses of the legislatures of each of the other states in the union. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2210, 2212, 2213, 2214. Business, Commerce and Labor: HB 2205, 2217. Education: HB 2220. Environment: HB 2204, 2219. Federal and State Affairs: HR 6007. Governmental Organization and Elections: HB 2211, 2216, 2218. Health and Human Services: HB 2199, 2200, 2201. Judiciary: HB 2206, 2207, 2208, 2209. Transportation: HB 2202, 2203, 2215. COMMUNICATIONS FROM STATE OFFICERS From Frank A. Lowman, Chairman, Health Care Stabilization Fund, as required by K.S.A. 40-3404b (b), report of the Health Care Stabilization Fund Oversight Committee. From Charles Warren, President of Kansas, Inc. Staff, Kansas, Inc. 1996 Annual Report. From James J. O'Connell, Secretary of Health and Environment, Kansas Water Pollution Control Revolving Loan Fund Annual Report for Federal Fiscal Year 1995, revised July 16, 1996. 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 On emergency motion of Rep. McKechnie, HR 6008, by Reps. McKechnie, Jennison and Grant and 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, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, 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 and Wilson as follows, was introduced and adopted: HOUSE RESOLUTION No. 6008-- A RESOLUTION in memory of Colonel (Retired) E.W. ``Bill'' Hollenbeck. WHEREAS, Bill Hollenbeck, age 62, died January 2, 1997, after being in ill health for a few months; and WHEREAS, Bill Hollenbeck had served as the Assistant to the President of Pittsburg State University since 1981 and as the legislative liaison for the University. He also had served as Chairperson of the Military Science Department and as an adjunct professor in the University's history department and the psychology and counseling department; and WHEREAS, Bill Hollenbeck served in the U.S. Army from 1956 to 1981, which service included tours of duty in Germany and Vietnam and as a battalion commander and senior aide-de-camp. His military decorations included the Legion of Merit, the Bronze Star and the Purple Heart; and WHEREAS, Bill Hollenbeck earned a bachelor of science in education from Pittsburg State University where he was a four-year letterman in football. He later received a master of science in education from Wichita State University and a certificate of advanced study in counseling and guidance from Boston University; and WHEREAS, Bill Hollenbeck was married to JoAnn Bill in 1955. She and their two daughters, Susan Camille Flinn and Patricia Ann Hollenbeck, survive his death; and WHEREAS, Bill Hollenbeck had a unique ability to relate to and gain the respect of other people--whether working with officials of state government in Topeka or with faculty and support staff at Pittsburg State University. He made a habit of seeing the positive side of every person or issue; and WHEREAS, In the death of Bill Hollenbeck, the nation, the state, Pittsburg State University, his many friends and his family have lost a loyal and distinguished public servant, a dear friend and a beloved family member: 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 Bill Hollenbeck; 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. E.W. Hollenbeck, 2806 E. Eighth Street, Pittsburg, Kansas 66762 and Dr. John Darling, President, Pittsburg State University, 1701 S. Broadway, Pittsburg, Kansas 66762. INTRODUCTION OF GUESTS Rep. McKechnie introduced JoAnn Hollenbeck, wife of the late Colonel (Retired) E.W. ``Bill'' Hollenbeck; Trish Hollenbeck, his daughter; Agnes Gallup, his mother; and Roberta Dageforde, his sister. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6009-- By Committee on Utilities A RESOLUTION requesting the State Corporation Commission to open a docket to further investigate the appropriateness of certain adjustments and fees proposed by KN energy. WHEREAS, KN Energy has requested the State Corporation Commission to authorize reallocation of costs associated with a certain long-term natural gas contract; and WHEREAS, The KN Energy proposal includes imposition of a distribution transportation adjustment clause on customers using KN Energy's gas transportation services, and an exit fee for customers that leave KN Energy's system to take natural gas from another provider, to prevent those customers from avoiding payment of costs associated with a certain long-term gas supply contract; and WHEREAS, One or more long-term contracts entered into by KN Energy were with a company that was a subsidiary of KN Energy at the time the contract was entered; and WHEREAS, The proposed exit fee would be based on 15 times the customer's average annual consumption for the most recent three-year period before the exit date: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That the House of Representatives requests the State Corporation Commission to open a docket to further investigate the appropriateness of the distribution transportation adjustment clause and exit fees proposed by KN Energy; and Be it further resolved: That, if the KN Energy proposal is approved and cannot be reopened, the House of Representatives requests the State Corporation Commission to carefully scrutinize every long-term energy acquisition contract between a public utility and its subsidiary; 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 each member of the State Corporation Commission. CONSENT CALENDAR No objection was made to HB 2123 appearing on the Consent Calendar for the first day. No objection was made to HB 2042, 2080 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2021, An act concerning the Kansas commission on veterans affairs; relating to certain employees; amending K.S.A. 73-1210a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; 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, 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, 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: None. Present but not voting: None. Absent or not voting: Farmer. The bill passed, as amended. HB 2083, An act concerning insurance companies; regarding the reporting of material transactions; concerning the analysis of acquisitions; regarding the change of control or ownership; amending K.S.A. 40-3304 and K.S.A. 1996 Supp. 40-3302 and repealing the existing sections; also repealing K.S.A. 40-3314 and K.S.A. 1996 Supp. 40-2,158, was considered on final action. On roll call, the vote was: Yeas 114; Nays 10; 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, Dreher, Empson, Faber, 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, Krehbiel, Kuether, Lane, Larkin, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Neal, 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, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Donovan, Edmonds, Phill Kline, Landwehr, Lloyd, Mayans, O'Connor, Packer, Swenson, Vining. Present but not voting: None. Absent or not voting: Farmer. The bill passed, as amended. HR 6004, A resolution adopting permanent rules of the House of Representatives for the 1997-1998 biennium, 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, 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, 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: Lloyd. Present but not voting: None. Absent or not voting: Farmer. The resolution was adopted. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. O'Neal in the chair. COMMITTEE OF THE WHOLE On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted: Recommended that on motion of Rep. Krehbiel to postpone debate on HB 2031 until February 20, roll call was demanded. On roll call, the vote was: Yeas 65; Nays 59; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Correll, Cox, Crow, Dean, Dillon, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Huff, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Pottorff, 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, Dreher, Edmonds, Faber, Flower, Franklin, Freeborn, Geringer, Gilmore, Hayzlett, Holmes, Horst, 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, 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: Farmer. The motion of Rep. Krehbiel prevailed and debate on HB 2031 be postponed until February 20. REPORTS OF STANDING COMMITTEES The Committee on Judiciary recommends HB 2013 be amended on page 2, in line 1, by striking all after ``(b)''; by striking all in lines 2 through 7 and inserting the following: ``Any person incarcerated in any federal facility may be released to the custody of the duly accredited officers, or such officer's designees, of a foreign state, if: (1) Such person has violated the terms of such person's probation, postrelease supervision, parole or who has an unexpired sentence in the foreign state; (2) the foreign state has personal jurisdiction over such person; and (3) the foreign state has issued a valid warrant for the apprehension of such person.''; 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 2226, An act concerning solid waste management; amending K.S.A. 65-3401, 653405, 65-3414 and 65-3415e and K.S.A. 1996 Supp. 65-3402, 65-3407, 65-3415, 65-3415a, 65-3415b and 65-3415f and repealing the existing sections; also repealing K.S.A. 65-3415c and 65-3422, by Committee on Environment. HB 2227, An act relating to lobbying; prohibiting certain acts; amending K.S.A. 46-232 and repealing the existing section, by Representatives Vickrey and Nichols and Ballou, Benlon, Boston, Bradley, Compton, Dahl, Donovan, Dreher, Farmer, Findley, Flora, Flower, Franklin, Freeborn, Glasscock, Hayzlett, Horst, Howell, Huff, Hutchins, Jennison, Johnson, Kejr, Phill Kline, Kuether, Landwehr, Lloyd, P. Long, Mason, Mays, McCreary, Mollenkamp, Myers, Packer, Palmer, J. Peterson, Powers, Presta, Pugh, Ruff, Samuelson, Sawyer, Showalter, Shultz, Spangler, Stone, Swenson, Tanner, Toelkes, Toplikar, Vining, Wagle, Weber and Wilk. HB 2228, An act concerning civil procedure; relating to design professional liens; amending K.S.A. 60-1102, 60-1103, 60-1103a, 60-1106 and 60-1110 and K.S.A. 1996 Supp. 60-1103b and repealing the existing sections, by Committee on Judiciary. HB 2229, An act concerning criminal procedure; relating to search without search warrant; amending K.S.A. 22-2501 and repealing the existing section, by Committee on Judiciary. HB 2230, An act concerning crimes and punishment; relating to pyramid promotional schemes, by Committee on Judiciary. HB 2231, An act concerning crimes and punishment; relating to prima facie evidence of intent to permanently deprive; amending K.S.A. 21-3702 and K.S.A. 1996 Supp. 22-2512 and repealing the existing sections, by Committee on Judiciary. HB 2232, An act concerning expungement; relating to disclosure thereof to the securities commissioner; amending K.S.A. 1996 Supp. 12-4516 and 21-4619 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 21-4619b, by Committee on Judiciary. HB 2233, An act concerning criminal procedure; relating to costs thereof; amending K.S.A. 1996 Supp. 12-4112 and 28-172d and repealing the existing sections; also repealing K.S.A. 1996 Supp. 28-172a, by Committee on Judiciary. HB 2234, An act concerning school districts; authorizing adoption by boards of education of teacher reimbursement plans; providing state aid to school districts which adopt such plans, by Representative Swenson. HB 2235, An act concerning the uniform interstate family support act; amending K.S.A. 23-9,101, 23-9,205, 23-9,207, 23-9,304, 23-9,305, 23-9,306, 23-9,307, 23-9,501, 23-9,502, 23-9,605, 23-9,606, 23-9,611 and 23-9,902 and repealing the existing sections, by Representative O'Neal. HB 2236, An act relating to civil procedure; repealing limitations on actions for recovery of damages suffered as a result of childhood sexual abuse; amending K.S.A. 60-515 and repealing the existing section; also repealing K.S.A. 60-523, by Representative O'Neal. HB 2237, An act concerning teachers; relating to hearings provided upon notice of nonrenewal or termination of contracts of employment; amending K.S.A. 72-5438, 72-5439, 72-5440, 72-5441, 72-5442, 72-5443, 72-5445 and 72-5446 and repealing the existing sections, by Committee on Education. REPORT ON ENGROSSED BILLS HB 2021, 2083 reported correctly engrossed February 4, 1997. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, February 6, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+