J o u r n a l o f t h e H o u s e TWENTY-FIRST DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, February 11, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 121 members present. Reps. Holmes, Kejr, McKechnie and Weber were excused on legislative business. Prayer by Chaplain Washington: Heavenly Father, With Wednesday being the hump in the middle of the week, today is the day before hump day. For some of us it's a bright day, and we're feeling on top of the world . . . but for others of us, a horrible day. We can't wait to get over the hump. Lord, would You remind us today that no problem is too difficult for You . . . no hump too high for You to carry us over. Help us to remember, that even when You called us to these tasks, we knew there would be mountains to climb. So Lord, as You strengthen us for the journey, would You encourage us in the journey. Refresh our hearts with Your Words from Luke 3:5-6, that ``Every valley shall ultimately be filled, and every mountain and hill shall be brought low; the crooked ways shall be made straight, and the rough ways shall be made smooth; and we shall see the salvation of our God. So, for the humps, Lord we thank You. For in them we see our weakness . . . and in them we see Your strength . . . and Your strength is perfected in our weakness (2 Corinthians 12:9). I come to You in the Name of Christ Jesus. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: HB 2290, An act concerning public officers and employers; relating to public employeremployee relations; amending K.S.A. 75-4321 and repealing the existing section, by Representative Nichols. HB 2291, An act relating to income taxation; providing for additional personal exemption amounts; amending K.S.A. 79-32,121 and repealing the existing section, by Representative Wempe. HB 2292, An act concerning exceptions to the exclusive remedy provisions of the workers compensation act; amending K.S.A. 1996 Supp. 44-501 and repealing the existing section, by Representative Compton (By request). HB 2293, An act relating to sales taxation; exempting certain sales of food therefrom; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Representatives Kirk, Ballard, Beggs, Bradley, Burroughs, Correll, Crow, Donovan, Feuerborn, Freeborn, Horst, Kuether, P. Long,Mays, McClure, Reardon, Ruff and Vickrey. HB 2294, An act concerning civil procedure; relating to garnishment; amending K.S.A. 60-718 and repealing the existing section, by Representative Tomlinson. HB 2295, An act relating to income taxation; excluding distributions to stockholders of certain banks; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Committee on Taxation.
HOUSE CONCURRENT RESOLUTION No. 5014-- By Representatives O'Connor, Ballou, Dahl, Edmonds, Faber, Farmer, Franklin, Freeborn, Geringer, Gilmore, Humerickhouse, Hutchins, Johnson, Kejr, Phill Kline, Landwehr, Lloyd, P.Long, Mason, Mayans, Mays, Myers, Powell, Powers, Presta, Shore, Swenson and Toplikar A CONCURRENT RESOLUTION directing the State Board of Education to define a basic education that Kansas taxpayers should share in funding, to determine a suitable funding base for public school operations, and to make a report thereon to the Committees on Education of the Senate and House of Representatives. WHEREAS, A basic education is vital to performance of the fundamental responsibilities of citizens of a free society and the state of Kansas, from its creation, has financed public schools through taxes and other mechanisms provided for by the Legislature; and WHEREAS, The Legislature is charged by the Kansas Constitution with the responsibility of establishing and maintaining public schools and making suitable provision for finance of the educational interests of the state; and WHEREAS, The State Board of Education is charged by the Kansas Constitution with general supervision of the public schools and other educational interests of the state; and WHEREAS, The Supreme Court of Kansas has opined that the basic mission of the State Board of Education is to equalize and promote the quality of education for the students of this state and that the Legislature may enact legislation to facilitate or assist the State Board in carrying out its constitutional mission; and WHEREAS, The respective duties and obligations vested in the Legislature and the State Board of Education by the Kansas Constitution must be read together and harmonized so both entities may carry out their respective responsibilities: 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 facts contained in the preamble of this resolution and being aware of the necessity to be knowledgeable of the State Board of Education's definition of a basic education in order to make suitable provision for finance of the educational interests of the state, hereby directs the State Board of Education to define a basic education that Kansas taxpayers should all share in funding as a legitimate civic duty; and Be it further resolved: That the State Board of Education is further directed to specify the academic components, such as, but not by way of limitation, mathematics, language arts, science, and history, that are essential to a quality basic education, and also to specify the activities, such as, but not by way of limitation, music, sports, and the arts, that are extracurricular and not necessary to a quality basic education; and Be it further resolved: That, upon adoption of its definition of a quality basic education and specification of the essential academic components thereof, the State Board of Education is hereby requested to require each school district in the state to report to the State Board the costs, with supporting documentation, that would be incurred by the district in providing the quality basic education defined by the State Board; and Be it further resolved: That the State Board of Education is hereby directed, upon receipt of the reports required of school districts regarding the costs for provision of a quality basic education, to determine a suitable funding base for public school operations in this state and to report the same to the Education Committees of the Senate and the House of Representatives at the commencement of the 1998 Session of the Legislature; and Be it further resolved: That the Secretary of State is hereby directed to transmit enrolled copies of this resolution to the State Board of Education and to the Commissioner of Education, 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Agriculture: HB 2279, 2289. Appropriations: HB 2276. Business, Commerce and Labor: HB 2283, 2284. Education: HB 2285. Federal and State Affairs: HB 2286. Financial Institutions: HB 2281. Health and Human Services: HB 2278, 2288. Judiciary: HB 2282. Taxation: HB 2277, 2287. Transportation: HB 2280. CONSENT CALENDAR No objection was made to HB 2114 appearing on the Consent Calendar for the first day. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Boston in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Boston, Committee of the Whole report, as follows, was adopted: Recommended that HB 2015, 2123 be passed. Committee report to HB 2070 be adopted and the bill be passed as amended. Committee report to HB 2074 be adopted; also, on motion of Rep. McKinney be amended on page 4, after line 19, by inserting: ``New Sec. 6. (a) No member or employee of the state corporation commission shall, within two years after termination of the member's or employee's position with the commission, accept employment or enter into any contract to provide goods or services to any utility under the jurisdiction of the commission. (b) No employee of the state corporation commission shall participate directly in regulation of a utility if the employee, within 12 months before employment by the commission, was employed by or contracted to provide goods or services to such utility. (c) Violation of any provision of this section is a class B misdemeanor.''; By renumbering the remaining sections accordingly; In the title, in line 11, before ``amending'' by inserting ``prohibiting certain conflicts of interest for commission members and employees and providing penalties for violations;''; and HB 2074 be passed as amended. Committee report to HB 2094 be adopted and the bill be passed as amended. Committee report to HB 2071 be adopted and the bill be passed as amended. Committee report to HB 2007 be adopted; also, on motion of Rep. Carmody be amended on page 55, by striking all in lines 35 through 43; On page 56, by striking all in lines 1 through 15; And by renumbering sections accordingly; On page 61, in line 12, by striking ``60-456,''; In the title, in line 14, by striking ``60-456,''; and HB 2007 be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Environment recommends HB 2061 be amended on page 1, in line 22, by striking ``may'' and inserting ``shall''; in line 23, by striking ``any'' and inserting ``a''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends HCR 5005 be adopted. The Committee on Governmental Organization and Elections recommends HB 2216 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 Health and Human Services recommends HB 2137 be amended on page 1, in line 28, before the period, by inserting: ``or (D) child placed in enrollee, insured or subscriber's home for the purpose of adoption from the date of placement as certified by the enrollee, insured or subscriber''; On page 2, in line 3, before ``and'' by inserting: ``or certification that a child has been placed in the home for adoption''; in line 6, before ``in'' by inserting: ``or the placement of the child in the home''; On page 1, in the title, in line 9, by striking ``insurance'' and inserting: ``health benefits coverage; policies and contracts therefor; coverage for certain children;''; and the bill be passed as amended. The Committee on Insurance recommends HB 2104 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 Insurance recommends HB 2081 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2081,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2081 By Committee on Insurance ``AN ACT relating to insurance; rate making and rating organizations; advisory organizations; rate administration and statistical plans; rebating of premium; repealing K.S.A. 40-925, 40-926, 40-927, 40-928, 40-928a, 40-929, 40-930, 40-931, 40-932, 40-933, 40-934, 40935, 40-936, 40-937, 40-938, 40-939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945, 40-1111, 40-1111a, 40-1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 40-1114a, 40-1115, 40-1116, 40-1117, 40-1118, 40-1119, 40-1120, 40-1121, 40-1122, 40-1123, 40-1124 and 40-1125.''; and the substitute bill be passed. (Sub. HB 2081 was thereupon introduced and read by title.) The Committee on Judiciary recommends HB 2055 be amended on page 2, in line 14, after the comma, by inserting: ``claims of the state of Kansas for medical assistance, as defined in K.S.A. 39-702, and amendments thereto, pursuant to subsection (g)(2) of K.S.A. 39-709, and amendments thereto,''; in line 17, after ``owner'' by inserting: ``and an alternative grantee beneficiary has not been designated on the deed''; also in line 17, by striking all after the period; by striking all in lines 18 through 25; and the bill be passed as amended. The Committee on Judiciary recommends HB 2056 be amended on page 1, in line 34, after ``form'' by inserting a comma; in line 35, after ``filed'' by inserting a comma; On page 2, in line 14, by striking ``and'' and inserting ``or''; in line 15, before ``the'' by inserting: ``or upon any transfer in accordance with section 4,''; in line 17, after ``registration'' by inserting ``or reregistration''; On page 7, in line 15, after ``after'' by inserting ``January 1, 1998, and''; and the bill be passed as amended. The Committee on Judiciary recommends HB 2058 be amended on page 1, in line 21, before ``or'' by inserting: ``, obstruct the detection of a theft or felony offense''; On page 2, by striking all in lines 8 through 11; in line 12, by striking ``(9)'' and inserting ``(8)''; in line 16, by striking ``(10)'' and inserting ``(9)''; in line 19, by striking ``(11)'' and inserting ``(10)''; in line 25, by striking ``or attempting to access''; in line 37, by striking ``(A)''; also in line 37, by striking all after ``crime''; by striking all in lines 38 through 42 and inserting: ``is a severity level 8, nonperson felony.''; On page 3, in line 3, after ``is'' by inserting: ``the unauthorized and intentional''; in line 5, by striking all after ``work''; in line 6, by striking all before the period; 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 and concurrent resolution were read by title: HB 2296, An act concerning municipalities; relating to statutory debt limitations; amending K.S.A. 79-5037 and repealing the existing section, by Representative Wagle. HB 2297, An act concerning insurance; relating to health insurance; mandating coverage for reconstructive breast surgery following a mastectomy or similar procedure; amending K.S.A. 1996 Supp. 40-1909 and 40-19c09 and repealing the existing sections; also repealing K.S.A. 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas, and 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Appropriations. HB 2298, An act concerning certified public accountants; licensure; fees; qualifications; penalties; amending K.S.A. 1-202, 1-302 and 1-304 and K.S.A. 1996 Supp. 1-301 and 1-310 and repealing the existing sections, by Committee on Appropriations. HB 2299, An act concerning meat and poultry; relating to custom slaughtering; amending K.S.A. 65-6a31 and repealing the existing section, by Representative Shore (By request). HB 2300, An act concerning meat and poultry; relating to a weekly inspection of slaughter and packing facilities; amending K.S.A. 65-6a20, 65-6a21, 65-6a23, 65-6a24, 65-6a26 and 65-6a30 and repealing the existing sections, by Representative Shore (By request). HB 2301, An act concerning state parks; providing for an annual camping permit, by Committee on Environment. HB 2302, An act concerning solid waste; relating to construction and demolition waste; amending K.S.A. 1996 Supp. 65-3402 and repealing the existing section, by Committee on Environment. HB 2303, An act concerning hunting by persons with disabilities; amending K.S.A. 32932 and repealing the existing section, by Committee on Environment. HB 2304, An act concerning hunting and fishing by persons with certain disabilities; amending K.S.A. 32-931 and 32-932 and repealing the existing sections, by Committee on Environment. HB 2305, An act concerning hunting by certain nonresidents; amending K.S.A. 32-980 and repealing the existing section, by Committee on Environment. HB 2306, An act concerning boating under the influence of alcohol or drugs; amending K.S.A. 32-1131 and 32-1134 and repealing the existing sections, by Committee on Environment. HB 2307, An act concerning big game permits; relating to nonresident permits; amending K.S.A. 1996 Supp. 32-937 and repealing the existing section, by Committee on Environment. HB 2308, An act concerning business entities; relating to limited liability companies and limited partnerships; amending K.S.A. 17-7616 and 56-1a353 and repealing the existing sections, by Committee on Judiciary. HB 2309, An act concerning juvenile traffic offenders; relating to no proof of insurance; amending K.S.A. 1996 Supp. 8-2117 and repealing the existing section, by Committee on Judiciary. HB 2310, An act concerning crimes and punishment; relating to intoxication; amending K.S.A. 21-3208 and repealing the existing section, by Committee on Judiciary. HB 2311, An act concerning state officers and employees, by Committee on Judiciary. HB 2312, An act concerning crimes and punishment; relating to battery against a law enforcement officer; amending K.S.A. 1996 Supp. 21-3413 and repealing the existing section; also repealing K.S.A. 21-3413, as amended by section 23 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Judiciary. HB 2313, An act concerning crime victims; amending K.S.A. 1996 Supp. 74-7301 and repealing the existing section, by Committee on Judiciary. HB 2314, An act concerning telecommunications; relating to the Kansas universal service fund; amending K.S.A. 1996 Supp. 66-2008 and repealing the existing section, by Committee on Utilities. HB 2315, An act concerning campaign finance; relating to contributions; amending K.S.A. 1996 Supp. 25-4157a and repealing the existing section, by Committee on Governmental Organization and Elections. HB 2316, An act concerning electric utilities; restructuring the electric utility industry in Kansas and establishing a legislative oversight committee, by Committee on Utilities. HOUSE CONCURRENT RESOLUTION No. 5015-- By Committee on Economic Development A CONCURRENT RESOLUTION approving the creation of a Butler County Port Authority. WHEREAS, The State of Kansas encourages economic development and cooperation to maintain and foster the economic stability and continued growth needed for a prosperous economy; and WHEREAS, The economic prosperity and well-being of Butler County, Kansas, will be enhanced and improved by the creation of a port authority; and WHEREAS, The Commission of Butler County, Kansas, believes it is in the best interests of the citizens and residents of Butler County, Kansas, that a port authority be created to preserve, enhance and improve the economic prosperity of Butler County; and WHEREAS, The Commission of Butler, Kansas, believes it should take the initiative to create a port authority and that the governmental units in the counties of Wilson, Elk, Greenwood and Sedgwick, as elected by appropriate resolution or ordinance, or both, join the port authority by cooperative agreement; and WHEREAS, The legislature of the state of Kansas agrees with the Commission of Butler County's assertions: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature of the State of Kansas, in accordance with the provisions of K.S.A. 12-3402 and amendments thereto, hereby approves the creation of a port authority with all the powers, duties, limitations and obligations stated in article 34 of chapter 12 of the Kansas Statutes Annotated as the Commission of Butler County, may, by appropriate resolutions or ordinances, create and that such other governmental units in the counties of Wilson, Elk, Greenwood and Sedgwick, as elected by appropriate resolution or ordinance, or both, may join such port authority by cooperative agreement. CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of HB 2011 from Committee on Insurance and referral to Committee on Business, Commerce and Labor. READING AND CORRECTION OF THE JOURNAL In the Journal, on page 119, under Reports of Standing Committees, HB 2075 should be deleted from the report of Committee on Judiciary and the following should be inserted: ``The Committee on Insurance recommends HB 2075 be passed.'' On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday, February 12, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+