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


                                 NINETEENTH DAY
                                    --------


                                           HALL OF THE HOUSE OF
     REPRESENTATIVES
                             TOPEKA, KAN., Friday, February 7, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
  The roll was called with 102 members present.
  Reps. Ballou, Boston, Hayzlett, Jennison, Kejr, Mason, Myers, O'Neal,
Shallenburger and Shore were excused on legislative business.
  Reps. Adkins, Allen, Burroughs, Campbell, Dean, Farmer, Gilmore, Phill Kline,
Palmer Powers, Sharp, Swenson and Vining were excused on excused absence by the
Speaker.
  Prayer by guest chaplain, Chaplain Thomas Cobbs, Chaplain of the VA Medical
Center in Topeka and the Kansas National Guard:
   Master,
     As another day is dawning, we are thankful for your blessings, wisdom
   and Divine presence. In this assembly we acknowledge the leaders,
   direction they provide and their leadership for this State.
     We ask that you watch over this process. Be a constant presence in the
   hearts of all who are involved in the leadership of this union.
     Let those present recognize the privilege of their calling, and the
   people they serve. May all that is done here benefit those in this great
   State, that we may be a better people.
     All this we ask, in your name we pray, Amen.
   INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS   The following
   bills were introduced and read by title:
     HB 2257, An act amending the Kansas tort claims act; exceptions
   from liability; amending K.S.A. 1996 Supp. 75-6104 and repealing the
   existing section, by Committee on Transportation.
     HB 2258, An act concerning crimes and punishment; prohibiting the
   sale or possession of certain alcoholic beverages, by Representative
   Adkins.
     HB 2259, An act concerning landlords and tenants; relating to
   breach of the rental agreement; amending K.S.A. 58-2564 and repealing the
   existing section, by Representative Adkins.
     HB 2260, An act concerning cigarette and tobacco infractions;
   amending K.S.A. 1996 Supp. 12-4214, 12-4305, 21-4503a, 79-3322 and 79-3393
   and repealing the existing sections, by Representative Adkins.
     HB 2261, An act concerning public records; relating to paternity
   proceedings; amending K.S.A. 1996 Supp. 45-221 and repealing the existing
   section; also repealing K.S.A. 1996 Supp. 45-221d, by Representative
   Adkins.
     HB 2262, An act concerning protection from abuse; relating to
   temporary custody; amending K.S.A. 1996 Supp. 60-3107 and repealing the
   existing section, by Representative Adkins.
     HB 2263, An act concerning consumer protection; relating to
   unsolicited consumer telephone calls;amending K.S.A. 66-1,189 and
   repealing the existing section, by Representative Adkins.
     HB 2264, An act concerning real estate; relating to the 
   brokerage relationships in real estate transactions act; amending 
   K.S.A. 17-2707, 58-3045 and 58-3063 and K.S.A. 1996 Supp. 58-3036, 
   58-3037, 58-3039, 58-3042 and 58-3046a and repealing
   the existing sections; reviving K.S.A. 1996 Supp. 58-3035, 58-3050,
   58-3062, 58-3064, 58-3065, 58-3068, 5830,101, 58-30,102, 58-30,103,
   58-30,104, 58-30,105, 58-30,106, 58-30,107, 58-30,108, 5830,109,
   58-30,110, 58-30,111, 58-30,112 and 74-4202; amending K.S.A. 1996 Supp.
   58-3035, as revived by section 3 of this act, 58-3050, as revived by
   section 11 of this act, 58-3062, as revived by section 13 of this act,
   58-3064, as revived by section 16 of this act, 58-3065, as revived by
   section 18 of this act, 58-3068, as revived by section 20 of this act,
   58-30,101, as revived and amended by section 22 of this act, 58-30,102, as
   revived by section 24 of this act, 58-30,103, as revived by section 26 of
   this act, 58-30,104, as revived by section 28 of this act, 58-30,105, as
   revived by section 30 of this act, 58-30,106, as revived by section 32 of
   this act, 58-30,107, as revived by section 34 of this act, 58-30,109, as
   revived by section 37 of this act, 58-30,110, as revived by section 39 of
   this act, 58-30,111, as revived by section 41 of this act, 58-30,112, as
   revived by section 43 of this act, and 74-4202, as revived by section 45
   of this act, and repealing the existing sections; also repealing K.S.A.
   1995 Supp. 58-3035, as amended by section 20 of chapter 212 of the 1996
   Session Laws of Kansas, 583050, as amended by section 12 of chapter 212 of
   the 1996 Session Laws of Kansas, 583062, as amended by section 13 of
   chapter 212 of the 1996 Session Laws of Kansas, 583064, as amended by
   section 14 of chapter 212 of the 1996 Session Laws of Kansas, 58-3065, as
   amended by section 15 of chapter 212 of the 1996 Session Laws of Kansas,
   58-3068, as amended by section 16 of chapter 212 of the 1996 Session Laws
   of Kansas, 74-4202, as amended by section 17 of chapter 212 of the 1996
   Session Laws of Kansas and K.S.A. 1996 Supp. 58-30,108, as revived by
   section 36 of this act and 74-4209, by Committee on Judiciary.
     HB 2265, An act concerning elections; establishing a bipartisan
   commission on campaign practices, by Representative Wilk.
     HB 2266, An act concerning the interstate emergency management
   assistance compact; authorizing the governor to execute such compact on
   behalf of the state; amending K.S.A. 48-930 and 75-3713b and repealing the
   existing sections; also repealing K.S.A. 48-1701, 481702, 48-1703, 48-3201
   and 48-3202, by Representative Tomlinson (By Request).
     HB 2267, An act concerning private detectives; relating to
   licensure thereof; amending K.S.A. 75-7b04 and repealing the existing
   section, by Representative Pottorff (By request).
     HB 2268, An act concerning the department of health and
   environment; creating the department of health and the department of
   environment; providing for the powers, duties and functions thereof, by
   Representative Mayans.
     HB 2269, An act enacting the woman's-right-to-know act;
   establishing requirements for informed consent relating to abortions;
   providing penalties for violations; amending K.S.A. 1996 Supp. 65-2836 and
   repealing the existing section; also repealing K.S.A. 65-6706, by
   Representatives Wagle, Ballou, Boston, Bradley, Campbell, Carmody, Dahl,
   Dean, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore,
   Hayzlett, Henry, Howell, Humerickhouse, Hutchins, Jennison, Kejr, Phill
   Kline, Landwehr, Larkin, P. Long, Mason, Mayans, Mays, McCreary, McKinney,
   Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, J. Peterson,
   Phelps, Powell, Powers, Presta, Reardon, Shallenburger, Shore, Swenson,
   Tanner, Thimesch, Toplikar, Vickrey, Vining, Weber, Wempe, Wilk and
   Wilson.
     HB 2270, An act imposing a local compensating use tax by cities
   and counties upon intrastate sales of certain vehicles, by Committee on
   Taxation.
   REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS   The following bills
   and resolutions were referred to committees as indicated:
     Agriculture: HB 2245; SB 62, 63, 77.
     Appropriations: HB 2238, 2239, 2240, 2241.
     Business, Commerce and Labor: HB 2244; SB 83.
     Education: HB 2256; SB 37.
     Federal and State Affairs: HCR 5013.
     Governmental Organization and Elections: SB 33, 58.
     Health and Human Services: HB 2249, 2255.
     Insurance: HB 2252.
     Judiciary: HB 2250, 2253, 2254.
     Taxation: HB 2242, 2246, 2251; SB 53.
     Transportation: HB 2243, 2248; SB 17.
     Utilities: HB 2247.
   COMMUNICATIONS FROM STATE OFFICERS   From Philip S. Harness, Workers
   Compensation Director, Kansas Department of Human Resources Workers
   Compensation Annual Report for Fiscal Year 1995-96.
     From Mary Threlfall Smith, Chairperson, Silver Haired Legislature
   Journal, Proceedings of the 14th Annual Session, October 16-18, 1996.
     The complete reports are kept on file and open for inspection in the
   office of the Chief Clerk.
   MESSAGE FROM THE SENATE   Announcing passage of SB 1, 10, 11, 14,
   16, 22, 36, 41, 82 .
   INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS   The
   following Senate bills were read by title:
     SB 1, 10, 11, 14, 16, 22, 36, 41, 82.
   REPORT OF STANDING COMMITTEE   Your Committee on Calendar and
   Printing recommends on requests for resolutions and certificates that
     Request No. 19, by Representative Kirk, honoring the centennial of
   Bahai Community in Kansas;
     Request No. 20, by Representatives Lane and Tomlinson, honoring
   Catherine Fox, winner of two Gold Medals in the 1996 Olympics;
     Request No. 21, by Representative Larkin, congratulating Leo Lange
   on his 106th birthday;
     Request No. 22, by Representative Phelps, commending Carol
   Shepherd, Hays USD 489 Master Teacher of the Year;
     Request No. 23, by Representative Schwartz, honoring Leo H. Lange,
   Charter Member American Legion SMN&R Post 163, on his 106th birthday;
   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. Mays, 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 were read by title:
     HB 2271, An act concerning the Kansas industries for the blind;
   transfer of assets; operation aftertransfer of assets, by Committee on
   Appropriations.
     HB 2272, An act making and concerning appropriations for the
   fiscal year ending June 30, 1997, for the state board of healing arts,
   state board of veterinary examiners, Kansas state board of cosmetology,
   board of nursing, Kansas dental board, state department of credit unions,
   state bank commissioner, consumer credit commissioner, office of the
   securities commissioner of Kansas, state board of technical professions,
   real estate appraisal board, Kansas real estate commission, department of
   administration, Kansas racing and gaming commission, state corporation
   commission, secretary of state, Kansas public employees retirement system,
   department of revenue, insurance department, state board of indigents'
   defense services, attorney general, department of social and
   rehabilitation services, department of human resources, department of
   health and environment, department of education, Kansas state school for
   the blind, state historical society, Kansas arts commission, Fort Hays
   state university, Emporia state university, Pittsburg state university,
   Kansas state university, Kansas state university -- Salina, college of
   technology, university of Kansas, university of Kansas medical center,
   Wichita state university, legislature, department of corrections, Kansas
   parole board, Kansas sentencing commission, state fire marshal, 
   juvenile justice authority, Kansas department of agriculture, state fair 
   board, Kansas state grain inspection department, Kansas animal health 
   department, Kansas wheat commission, department of wildlife and parks, 
   Kansas water office and state conservation commission; authorizing 
   certain transfers, imposing certain restrictions and limitations, and 
   directing or authorizing certain receipts and disbursements and acts 
   incidental to the foregoing, by Committee on Appropriations.
     HB 2273, An act concerning corrections; relating to use of the
   Topeka correctional facility; amending K.S.A. 1996 Supp. 75-52,134 and
   repealing the existing section, by Committee on Appropriations.
     HB 2274, An act concerning criminal procedure; relating to notice
   of a parole hearing; amending K.S.A. 1996 Supp. 22-3717 and repealing the
   existing section, by Representative Vickrey.
     HB 2275, An act concerning marriage; relating to the age of the
   parties; amending K.S.A. 1996 Supp. 23-101 and 23-104a and repealing the
   existing sections, by Representatives Welshimer and Gilbert.
   REPORT ON ENROLLED RESOLUTIONS   HR 6006, 6008 reported
   correctly enrolled and properly signed on February 7, 1997.
     On motion of Rep. Mays, the House adjourned until 11:00 a.m., Monday,
   February 10, 1997.
                                             CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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