J o u r n a l o f t h e H o u s e TWENTIETH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Monday, February 10, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker pro tem Wagle in the chair. The roll was called with 120 members present. Reps. Adkins, Holmes, Kejr, McKechnie and Weber were excused on legislative business. Prayer by guest chaplain, the Rev. Nancy Thellman, assistant pastor, First Presbyterian Church, Lawrence, and guest of Rep. Sloan: Gracious God, Gathered in this room today are important men and women for whom I ask your blessing. These people are important not because of their titles but because they are chosen by others to serve. And while they already know this, Lord, I ask you to gently -- but persuasively -- remind these representatives of the great importance of their work which is, when all is said and done, to make a difference in this little corner of the world. These are people, Lord, who can give voice to the least among us who otherwise would have no voice. These are people, Lord, who can bring order to our state where otherwise disorder might reign and ruin. These are people, Lord, who have within their ability to bring lofty ideals like peace and justice down to earth, within reach of common folks. Make the lives of people in Kansas better because their representatives came to work today. Help these women and men govern this state wisely, courageously, with compassion for one another, and with concern for all. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2276, An act concerning salaries and compensation for state officers; amending K.S.A. 1996 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and 75-3111a and repealing the existing sections, by Committee on Appropriations. HB 2277, An act relating to property taxation; concerning political subdivision exemption therefrom; amending K.S.A. 1996 Supp. 79-201a and repealing the existing section, by Committee on Taxation. HB 2278, An act concerning the department of health and environment; restrictions on persons operating adult care homes and home health agencies or working for or regularly volunteering to assist such homes or agencies, by Representatives Toelkes, Adkins, Alldritt, Ballard, Ballou, Beggs, Benlon, Burroughs, Correll, Crow, Dean, Empson, Feuerborn, Findley, Flaharty, Flora, Franklin, Geringer, Gilbert, Grant, Hayzlett, Henderson, Henry, Horst, Howell, Kirk, Krehbiel, Kuether, Landwehr, Larkin, J. Long, Mason, Mayans, Mays, McClure, McKinney, Minor, Nichols, E. Peterson, Phelps, Pottorff, Reardon, Ruff, Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Thimesch, Tomlinson, Toplikar, Wagle, Weiland, Welshimer and Wempe. HB 2279, An act concerning livestock; relating to disposition of pseudorabies virus infected swine; duties of livestock commissioner; indemnity to owners, by Representative Schwartz. ~ HB 2280, An act relating to school buses; concerning exemptions from certain requirements; amending K.S.A. 1996 Supp. 8-2009a and repealing the existing section, by Committee on Transportation. HB 2281, An act relating to banks and banking; providing for a prohibition on merger transactions involving out-of-state banks and on interstate branching by merger or acquisition, by Committee on Financial Institutions. HB 2282, An act concerning civil procedure; relating to proof of service; amending K.S.A. 60-312 and repealing the existing section, by Committee on Judiciary. HB 2283, An act concerning public employer-employee relations; prescribing certain impasse resolution procedures; amending K.S.A. 75-4322, 75-4330 and 75-4331 and K.S.A. 1996 Supp. 75-4332 and repealing the existing sections, by Committee on Business, Commerce and Labor. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Agriculture: SB 82. Appropriations: HB 2268, 2271, 2272, 2273; SB 1, 11, 14, 16. Education: SB 36. Federal and State Affairs: HB 2266. Governmental Organization and Elections: HB 2265. Health and Human Services: HB 2269; SB 10. Judiciary: HB 2257, 2258, 2259, 2260, 2261, 2262, 2264, 2267, 2274, 2275. Taxation: HB 2270; SB 22, 41. Utilities: HB 2263. CHANGE OF REFERENCE Speaker pro tem Wagle announced the withdrawal of HB 2214 from Committee on Appropriations and referral to Committee on Judiciary. Also, the withdrawal of HB 2269 from Committee on Health and Human Services and referral to Committee on Judiciary. COMMUNICATIONS FROM STATE OFFICERS From James J. O'Connell, Secretary, Department of Health and Environment, in accordance with K.S.A. 65-3424f, Kansas Waste Tire Management Program Annual Report for 1996. The complete report is kept on file and open for inspection in the office of the Chief Clerk. REPORTS OF STANDING COMMITTEES The Committee on Insurance recommends HB 2075 be passed. The Committee on Judiciary recommends HB 2043 be passed. The Committee on Judiciary recommends HB 2049 be amended on page 2, in line 43, after the period, by inserting: ``Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full.''; 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 2284, An act concerning wage withholding; amending K.S.A. 44-319 and repealing the existing section, by Committee on Business, Commerce and Labor. HB 2285, An act concerning school districts; relating to accreditation, curriculum, pupil assessments; affecting composition of school site councils; requiring provision of certain information; authorizing the reading and posting of certain documents on American history; amending K.S.A. 1996 Supp. 72-6439 and repealing the existing section, by Representatives Franklin, Bradley, Compton, Donovan, Freeborn, Gilmore, Horst, Howell, Humerickhouse, Kejr, P. Long, Mayans, Mays, McClure, McCreary, Mollenkamp, Pauls, Powell, Ruff, Tanner, Thimesch, Toplikar and Vickrey. ~ HB 2286, An act prohibiting smoking in certain public places and meetings; amending K.S.A. 21-4010 and repealing the existing section, by Representative Powers. HB 2287, An act relating to sales taxation; exempting sales of car washing services rendered through coin-operated devices; amending K.S.A. 1996 Supp. 79-3603 and repealing the existing section, by Representatives Shallenburger, Burroughs, Dahl, Findley, Grant, Hayzlett, Henry, P. Long, McCreary, Morrison, Ruff, Shore, Spangler and Vickrey. HB 2288, An act concerning controlled substances; relating to treatment of obesity; amending K.S.A. 65-2837a and repealing the existing section, by Committee on Health and Human Services. HB 2289, An act concerning agriculture; relating to sericea lespedeza; noxious weeds and noxious weed seed; amending K.S.A. 2-1314, 2-1314b and 2-1415 and repealing the existing sections, by Committee on Agriculture. REPORTS OF STANDING COMMITTEES The Committee on Governmental Organization and Elections recommends HB 2101 be passed. The Committee on Governmental Organization and Elections recommends HCR 5006 be not adopted. The Committee on Governmental Organization and Elections recommends HB 2114 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 2063 be amended on page 2, in line 22, by striking all following ``given''; in line 23, by striking ``for state office or state officer elect''; also in line 23, following ``in'' by inserting ``exchange for''; also in line 23, following ``performance'' by inserting ``or nonperformance''; following line 27, by inserting the following: ``(e) The making or giving of any economic opportunity, gift, loan, gratuity, special discount, favor or service having an aggregate value of $40 or more in any calendar year from any person known to have a special interest shall be presumed to have been given in exchange for the performance or nonperformance of official duties or prospective official duties.''; Also on page 2, in line 28, by striking ``(e)'' and inserting ``(f)''; in line 33, by striking ``(f)'' and inserting ``(g)''; in line 43, by striking ``(g)'' and inserting ``(h)''; On page 3, in line 5, by striking ``(h)'' and inserting ``(i)''; in line 31, by striking all following ``given''; in line 32, by striking ``didate for state office''; also in line 32, following ``in'' by inserting ``exchange for''; also in line 32, following ``performance'' by inserting ``or nonperformance''; and the bill be passed as amended. REPORT ON ENROLLED RESOLUTIONS HR 6004 reported correctly enrolled and properly signed on February 10, 1997. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, February 11, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+