J o u r n a l o f t h e H o u s e TWENTY-SECOND DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Wednesday, February 12, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 125 members present. Prayer sung by Chaplain Washington: As we come together, in this House today, let us all remember, that it is time to pray. We should all be faithful, if we really care. So let me raise our spirits in this song of prayer. God bless America, Land that I love Stand beside Her and guide her Through the night with a Light from above From the mountains to the prairies To the oceans white with foam God bless America, my home sweet home God bless America, my home sweet home. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2317, An act authorizing boards of education of school districts to adopt policies providing for school bus transportation of certain persons to or from class attendance at certain educational institutions; amending K.S.A. 1996 Supp. 72-8316 and repealing the existing section, by Representative Flower. HB 2318, An act concerning state officers and employees; relating to compensation for overtime work; prescribing certain rates and procedures; amending K.S.A. 1996 Supp. 755537 and repealing the existing section, by Representative Sloan. HB 2319, An act concerning wetlands; relating to destruction or encroachment by certain corporations; imposing certain requirements in relation thereto, by Representative Sloan. HB 2320, An act concerning natural gas service; relating to retail service areas; providing for determination of certain rates and charges, by Representative Sloan. HB 2321, An act concerning school district finance; affecting the determination of low enrollment weighting and correlation weighting; amending K.S.A. 1996 Supp. 72-6407, 726412, 72-6412a, 72-6442 and 72-6442a and repealing the existing sections, by Representative Horst. HB 2322, An act concerning underground storage of natural gas; amending K.S.A. 551201, 55-1204, 55-1205 and 55-1210 and repealing the existing sections, by Committee on Utilities. HB 2323, An act exempting the state of Kansas from daylight savings time, by Representatives Pottorff and Swenson (By Request). REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Agriculture: HB 2299, 2300. 128 JOURNAL OF THE HOUSE Business, Commerce and Labor: HB 2290, 2292, 2294, 2298, 2308. Economic Development: HCR 5015. Education: HCR 5014. Environment: HB 2302, 2303, 2304, 2305, 2307. Federal and State Affairs: HB 2311. Governmental Organization and Elections: HB 2315. Insurance: HB 2297. Judiciary: HB 2310, 2312, 2313. Taxation: HB 2291, 2293, 2295, 2296. Tourism: HB 2301. Transportation: HB 2306, 2309. Utilities: HB 2314, 2316. CONSENT CALENDAR Objection was made to HB 2114 appearing on the Consent Calendar; the bill was placed on the calendar under the heading of General Orders. No objection was made to HB 2104, 2216 appearing on the Consent Calendar for the first day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2007, An act concerning civil procedure; amending K.S.A. 60-102, 60-205, 60-206, 60-208, 60-209, 60-211, 60-214, 60-215, 60-216, 60-223, 60-226, 60-228, 60-230, 60-231, 60-232, 60- 233, 60-234, 60-235, 60-236, 60-237, 60-238, 60-241, 60-243, 60-245, 60-245a, 60-250, 60- 252, 60-254, 60-256, 60-262, 60-2103, 60-3703, 61-1710, 61-1725 and 75-3079 and K.S.A. 1996 Supp. 60-1608 and repealing the existing sections; also repealing K.S.A. 60-2007, was considered on final action. On roll call, the vote was: Yeas 124; Nays 1; Present but not voting 0; Absent or not voting 0. 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, 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: Klein. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2015, An act concerning community colleges; relating to residence of students for determination of state aid entitlements; amending K.S.A. 71-401 and K.S.A. 1996 Supp. 71406, 71-602, 71-603, 71-607 and 71-619 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 125; Nays 0; Present but not voting 0; Absent or not voting 0. 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, Krehbiel, February 12, 1997 129 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: None. The bill passed. HB 2070, An act relating to banks and trust companies; concerning directors and officers; stock ownership; amending K.S.A. 9-1114 and 9-1118 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 9-1117, was considered on final action. On roll call, the vote was: Yeas 105; Nays 20; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Allen, Aurand, Ballard, 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, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Toplikar, Vining, Weber, Weiland, Wells, Wempe, Wilk, Wilson. Nays: Alldritt, Ballou, Freeborn, Howell, Jennison, Landwehr, Mayans, McKechnie, McKinney, Neufeld, Packer, Pottorff, Powell, Shallenburger, Shore, Swenson, Tomlinson, Vickrey, Wagle, Welshimer. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2071, An act concerning insurance agents and brokers; providing for the licensing of agents; regarding continuing education requirements; concerning the certification of agents by companies; amending K.S.A. 40-241i and K.S.A. 1996 Supp. 40-240f and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 119; Nays 5; Present but not voting 1; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, 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, 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, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, 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, Wempe, Wilk, Wilson. Nays: Aurand, Franklin, Phill Kline, Neufeld, Welshimer. Present but not voting: Landwehr. Absent or not voting: None. The bill passed, as amended. HB 2074, An act concerning the state corporation commission; relating to powers and duties; prohibiting certain conflicts of interest for commission members and employees and 130 JOURNAL OF THE HOUSE providing penalties for violations; amending K.S.A. 66-104, 66-118k, 66-137, 66-1216 and 66-1502 and repealing the existing sections; also repealing K.S.A. 66-1218, was considered on final action. On roll call, the vote was: Yeas 103; Nays 21; Present but not voting 1; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Crow, Dahl, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Geringer, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk. Nays: Carmody, Correll, Cox, Dean, Dillon, Feuerborn, Gilmore, Humerickhouse, Larkin, Lloyd, J. Long, McKechnie, Minor, Pugh, Reardon, Reinhardt, Samuelson, Sloan, Spangler, Swenson, Wilson. Present but not voting: Franklin. Absent or not voting: None. The bill passed, as amended. HB 2094, An act relating to the regulation of securities; amending K.S.A. 17-1254, 171255, 17-1262a, 17-1263, 17-1268, 17-1270 and 17-1272 and K.S.A. 1996 Supp. 17-1252, 17-1259, 17-1261 and 17-1262 and repealing the existing sections; also repealing K.S.A. 171256 and K.S.A. 1996 Supp. 75-6308, was considered on final action. On roll call, the vote was: Yeas 124; Nays 1; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, 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, 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: Bradley. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2123, An act designating bridge no. 013 located on United States highway 59 in Atchison county as the Amelia Earhart memorial bridge, was considered on final action. On roll call, the vote was: Yeas 122; Nays 3; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, February 12, 1997 131 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, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wempe, Wilk, Wilson. Nays: Edmonds, Tomlinson, Wells. Present but not voting: None. Absent or not voting: None. The bill passed. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Mason in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Mason, Committee of the Whole report, as follows, was adopted: Recommended that HB 2043, 2075 be passed. Committee report to HB 2049 be adopted and the bill be passed as amended. Committee report to HB 2020 be adopted; also, on motion of Rep. Sloan be amended on page 1, by striking all in line 42 and inserting: ``Sec. 2. K.S.A. 1996 Supp. 68-115 is hereby amended to read as follows: 68-115. (a) Except as provided by subsection (b), it shall be the duty of each and every county engineer to open or cause to be opened all state and county roads and of each and every township trustee to open or cause to be opened all mail routes and township roads which have been or may hereafter be laid out or established through any part of the respective county or township. Notice of such action shall be given to the owner or owners, or their agent or agents, if residing in the county, or, if such owner is incapacitated, to the guardian of such person, if a resident of the county, through whose inclosed or cultivated lands such road is laid out or established. Such notice shall direct such property owners to open such road through their lands within 90 days after service of such notice. If the person or persons so notified do not open such road within the time stated in such notice, it shall be lawful and it is hereby made the duty of such county engineer on state and county roads and of such trustee on township roads and mail route roads to respectively enter upon such property and open such roads. If such notice is given between the March 1, and October 1, the notice shall designate the next following January 1, as the time of opening such road. And the county engineer or township trustee respectively shall keep the same in repair, and remove or cause to be removed all obstructions that may be found therein. The township trustee and the county engineer are hereby authorized to enter upon any land near or adjoining such public road, to dig and carry away any gravel, sand, stone, clay, gypsum or any other road-building material and to purchase any timber which may be necessary to improve or repair the road, and to enter upon any land adjoining or lying near such road, to make such drains or ditches through the same as the county engineer or township trustee deems necessary for the benefit of the roads, doing as little damage to the lands as the nature of the case and the public good will permit. The drains and ditches thus made shall be kept open if necessary by the township trustee or county engineer and shall not be obstructed by the owner or occupants of the land or by any other person, under the penalty of being fined not exceeding $10 for each offense. The owner of any gravel, sand, stone, clay, gypsum or any other road-building material taken, or the owner of the land through which ditches or drains may be made, as herein provided, or the owner of the crops thereon, shall be allowed a fair and reasonable compensation for the material so taken or for any injuries the lands or crops may sustain in consequence of the making of such drains or ditches. The amount of such compensation shall be determined, allowed and paid by the highway commissioners in event such material is used upon a mail route or a township road, and determined, allowed and paid by the board of county commissioners of the county when such material is used upon a county or state road. Such claims shall be allowed and paid in the same manner as other ordinary claims against the county or township and the claimant shall have the same right of appeal as is now provided by law in other cases. 132 JOURNAL OF THE HOUSE (b) If the owner of any property adjacent to or abutting a township road which has been laid out but not opened prior to the effective date of this act desires to have such road opened, it shall be the duty of such owner to open such road. Such property owner shall establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 1996 Supp. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a). If the owner of any property adjacent to or abutting a township road which has been opened prior to the effective date of this act, but such road has not been maintained by the township for at least 20 years or has not been regularly used by the general public and the owner desires to have the road maintained for general public use, it shall be the duty of such owner to establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 1996 Supp. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a). Sec. 3. K.S.A. 1996 Supp. 68-115 and 80-304 are hereby repealed.''; On page 2, in line 1, by striking ``Sec. 3.'' and inserting ``Sec. 4.''; In the title, in line 11, by striking all after ``Supp.'' and inserting ``68-115 and 80-304 and repealing the existing sections.''; and HB 2020 be passed as amended. On motion of Rep. Shore to amend HB 2042, Rep. Garner requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment not germane and HB 2042 be passed. On motion of Rep. Tanner, HB 2101 be amended on page 1, in line 20, by striking ``752935f'' and inserting ``75-2935b''; in line 39, by striking ``receive'' and inserting ``accept''; On page 2, in line 8, by striking ``receive'' and inserting ``accept''; in line 17, by striking ``receive'' and inserting ``accept''; in line 30, by striking ``75-2935f'' and inserting ``75-2935b''; Also, on motion of Rep. Findley to amend HB 2101, the motion was withdrawn. Also, roll call was demanded on motion of Rep. J. Peterson and HB 2101 be amended (see further action) on page 2, following line 42, by inserting: ``Sec. 2. K.S.A. 25-4153 is hereby amended to read as follows: 25-4153. (a) The aggregate amount contributed to a candidate and such candidate's candidate committee and to all party committees and political committees and dedicated to such candidate's campaign, by any political committee or any person except a party committee, the candidate or the candidate's spouse, shall not exceed the following: (1) For the pair of offices of governor and lieutenant governor or for other state officers elected from the state as a whole, $2,000 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election; (2) for the office of member of the house of representatives, district judge, district magistrate judge, district attorney, member of the state board of education or a candidate for local office, $500 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election. (3) for the office of state senator, $1,000 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election. (b) For the purposes of this section, the face value of a loan at the end of the period of time allocable to the primary or general election is the amount subject to the limitations of this section. A loan in excess of the limits herein provided may be made during the allocable period if such loan is reduced to the permissible level, when combined with all other contributions from the person making such loan, at the end of such allocable period. (c) For the purposes of this section, all contributions made by unemancipated children under 18 years of age shall be considered to be contributions made by the parent or parents of such children. The total amount of such contribution shall be attributed to a single custodial parent and 50% of such contribution to each of two parents. (d) The aggregate amount contributed to a state party committee by a person other than a national party committee or a political committee shall not exceed $15,000 in each calendar year; and the aggregate amount contributed to any other party committee by a person other than a national party committee or a political committee shall not exceed $5,000 in each calendar year. The aggregate amount contributed by a national party committee to a state party committee shall not exceed $25,000 in any calendar year, and the aggregate amount February 12, 1997 133 contributed to any other party committee by a national party committee shall not exceed $10,000 in any calendar year. The aggregate amount contributed to a party committee by a political committee shall not exceed $5,000 in any calendar year. (e) Any political funds which have been collected and were not subject to the reporting requirements of this act shall be deemed a person subject to these contribution limitations. (f) Any political funds which have been collected and were subject to the reporting requirements of the campaign finance act shall not be used in or for the campaign of a candidate for a federal elective office. (g) The amount contributed by each individual party committee of the same political party other than a national party committee to any candidate for office, for any primary election at which two or more candidates are seeking the nomination of such party shall not exceed the following: (1) For the pair of offices of governor and lieutenant governor and for each of the other state officers elected from the state as a whole, $2,000 for each primary election (or in lieu thereof a caucus or convention of a political party); (2) for the office of member of the house of representatives, district judge, district magistrate judge, district attorney, member of the state board of education or a candidate for local office, $500 for each primary election (or in lieu thereof a caucus or convention of a political party). (3) for the office of state senator, $1,000 for each primary election (or in lieu thereof a caucus or convention of a political party). (h) When a candidate for a specific cycle does not run for office, the contribution limitations of this section shall apply as though the individual had sought office. (i) No person shall make any contribution or contributions to any candidate or the candidate committee of any candidate in the form of money or currency of the United States which in the aggregate exceeds $100 for any one primary or general election, and no candidate or candidate committee of any candidate shall accept any contribution or contributions in the form of money or currency of the United States which in the aggregate exceeds $100 from any one person for any one primary or general election. (j) No contributions shall be accepted by any candidate from any political committee. (k) No contributions shall be accepted by any candidate committee from any political committee. (l) No state, district or county party committee or any political committee established by a state party committee and designated as a recognized political committee shall accept contributions from any political committee. Sec. 3. K.S.A. 25-4153 is hereby repealed.''; By renumbering section 2 as section 4; In the title, in line 10, preceding the period, by inserting ``prohibiting the acceptance of certain contributions for election campaign finance; amending K.S.A. 25-4153, and repealing the existing section.''; On roll call, the vote was: Yeas 63; Nays 60; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Aurand, Ballou, Boston, Bradley, Campbell, Compton, Dahl, Donovan, Edmonds, Faber, Farmer, Flower, Franklin, Gilmore, Haley, Hayzlett, Helgerson, Henry, Holmes, Howell, Huff, Hutchins, Jennison, Johnson, Kejr, Phill Kline, Krehbiel, Landwehr, Larkin, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Pugh, Schwartz, Shallenburger, Sharp, Shore, Shultz, Spangler, Stone, Swenson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wilson. Nays: Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Carmody, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Glasscock, Grant, Henderson, Horst, Humerickhouse, Johnston, Kirk, Klein, Phil Kline, Kuether, Lane, Lloyd, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Showalter, Shriver, Sloan, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Welshimer, Wempe, Wilk. 134 JOURNAL OF THE HOUSE Present but not voting: None. Absent or not voting: Freeborn, Wells. The motion of Rep. J. Peterson prevailed. Also, roll call was demanded on motion of Rep. Findley to amend HB 2101 on page 2, following line 42, by inserting: ``Sec. 2. (a) (1) Except as otherwise provided in this subsection, the definitions set forth in K.S.A. 25-4143, and amendments thereto, shall be applicable to the provisions in this section. (2) As used in this section ``regulated entity'' means any person who is required by law to be licensed by the insurance commissioner, or any person who engages in a business or profession which is regulated by the insurance commissioner, or any person employed by a company regulated by the insurance commissioner. (b) No regulated entity and no person or political committee acting on behalf of a regulated entity shall make a contribution to or on behalf of a person holding the office of insurance commissioner to or on behalf of a candidate for the office of insurance commissioner or to or on behalf of a candidate committee of any such candidate. (c) No person holding the office of insurance commissioner and no candidate for the office of insurance commissioner and no candidate committee of a candidate for the office of insurance commissioner shall knowingly solicit or accept a contribution from any regulated entity or any person or political committee acting on behalf of a regulated entity. (d) Any person or entity violating the provisions of this act shall be punished in the manner and be subject to the penalties prescribed by K.S.A. 25-4181, and amendments thereto.''; By renumbering section 2 as section 3; In the title, in line 10, preceding the period, by inserting ``prohibiting certain contributions in elections for the office of commissioner of insurance''; On roll call, the vote was: Yeas 60; Nays 64; Present but not voting 1; Absent or not voting 0. Yeas: Adkins, Alldritt, Ballard, Ballou, Beggs, Burroughs, Correll, Crow, Dean, Dillon, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Johnson, Johnston, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Pottorff, Powell, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Storm, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe. Nays: Allen, Aurand, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Cox, Dahl, Donovan, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Glasscock, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Kejr, Phil Kline, Phill Kline, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, J. Peterson, Powers, Presta, Pugh, Ray, Samuelson, Schwartz, Shallenburger, Shore, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: Landwehr. Absent or not voting: None. The motion of Rep. Findley did not prevail. Also, having voted on the prevailing side, Rep. Spangler made a motion that the Committee of the Whole reconsider its previous action in adopting the amendment of Rep. J. Peterson on HB 2101. Roll call was demanded. On roll call, the vote was: Yeas 66; Nays 59; Present but not voting 0; Absent or not voting 0. Yeas: Alldritt, Ballard, Beggs, Benlon, Burroughs, Carmody, Correll, Cox, Crow, Dean, Dillon, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Horst, Humerickhouse, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Weiland, Wells, Welshimer, Wempe, Wilk. February 12, 1997 135 Nays: Adkins, Allen, Aurand, Ballou, Boston, Bradley, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Glasscock, Hayzlett, Holmes, Howell, Huff, Hutchins, Jennison, Johnson, Kejr, Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Pugh, Schwartz, Shallenburger, Shore, Shultz, Swenson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilson. Present but not voting: None. Absent or not voting: None. The motion prevailed and the question then reverted back to the motion of Rep. J. Peterson and roll call was demanded on the motion to amend HB 2101 (see previous action) on page 2, following line 42, by inserting: ``Sec. 2. K.S.A. 25-4153 is hereby amended to read as follows: 25-4153. (a) The aggregate amount contributed to a candidate and such candidate's candidate committee and to all party committees and political committees and dedicated to such candidate's campaign, by any political committee or any person except a party committee, the candidate or the candidate's spouse, shall not exceed the following: (1) For the pair of offices of governor and lieutenant governor or for other state officers elected from the state as a whole, $2,000 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election; (2) for the office of member of the house of representatives, district judge, district magistrate judge, district attorney, member of the state board of education or a candidate for local office, $500 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election. (3) for the office of state senator, $1,000 for each primary election (or in lieu thereof a caucus or convention of a political party) and an equal amount for each general election. (b) For the purposes of this section, the face value of a loan at the end of the period of time allocable to the primary or general election is the amount subject to the limitations of this section. A loan in excess of the limits herein provided may be made during the allocable period if such loan is reduced to the permissible level, when combined with all other contributions from the person making such loan, at the end of such allocable period. (c) For the purposes of this section, all contributions made by unemancipated children under 18 years of age shall be considered to be contributions made by the parent or parents of such children. The total amount of such contribution shall be attributed to a single custodial parent and 50% of such contribution to each of two parents. (d) The aggregate amount contributed to a state party committee by a person other than a national party committee or a political committee shall not exceed $15,000 in each calendar year; and the aggregate amount contributed to any other party committee by a person other than a national party committee or a political committee shall not exceed $5,000 in each calendar year. The aggregate amount contributed by a national party committee to a state party committee shall not exceed $25,000 in any calendar year, and the aggregate amount contributed to any other party committee by a national party committee shall not exceed $10,000 in any calendar year. The aggregate amount contributed to a party committee by a political committee shall not exceed $5,000 in any calendar year. (e) Any political funds which have been collected and were not subject to the reporting requirements of this act shall be deemed a person subject to these contribution limitations. (f) Any political funds which have been collected and were subject to the reporting requirements of the campaign finance act shall not be used in or for the campaign of a candidate for a federal elective office. (g) The amount contributed by each individual party committee of the same political party other than a national party committee to any candidate for office, for any primary election at which two or more candidates are seeking the nomination of such party shall not exceed the following: 136 JOURNAL OF THE HOUSE (1) For the pair of offices of governor and lieutenant governor and for each of the other state officers elected from the state as a whole, $2,000 for each primary election (or in lieu thereof a caucus or convention of a political party); (2) for the office of member of the house of representatives, district judge, district magistrate judge, district attorney, member of the state board of education or a candidate for local office, $500 for each primary election (or in lieu thereof a caucus or convention of a political party). (3) for the office of state senator, $1,000 for each primary election (or in lieu thereof a caucus or convention of a political party). (h) When a candidate for a specific cycle does not run for office, the contribution limitations of this section shall apply as though the individual had sought office. (i) No person shall make any contribution or contributions to any candidate or the candidate committee of any candidate in the form of money or currency of the United States which in the aggregate exceeds $100 for any one primary or general election, and no candidate or candidate committee of any candidate shall accept any contribution or contributions in the form of money or currency of the United States which in the aggregate exceeds $100 from any one person for any one primary or general election. (j) No contributions shall be accepted by any candidate from any political committee. (k) No contributions shall be accepted by any candidate committee from any political committee. (l) No state, district or county party committee or any political committee established by a state party committee and designated as a recognized political committee shall accept contributions from any political committee. Sec. 3. K.S.A. 25-4153 is hereby repealed.''; By renumbering section 2 as section 4; In the title, in line 10, preceding the period, by inserting ``prohibiting the acceptance of certain contributions for election campaign finance; amending K.S.A. 25-4153, and repealing the existing section.''; On roll call, the vote was: Yeas 57; Nays 67; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Aurand, Ballou, Boston, Bradley, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Gilmore, Hayzlett, Holmes, Howell, Hutchins, Jennison, Johnson, Kejr, Phill Kline, Krehbiel, Landwehr, Larkin, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Pugh, Schwartz, Shallenburger, Shore, Shultz, Stone, Swenson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilson. Nays: Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Carmody, Correll, Cox, Crow, Dean, Dillon, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Horst, Huff, Humerickhouse, Johnston, Kirk, Klein, Phil Kline, Kuether, Lane, Lloyd, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Weiland, Wells, Welshimer, Wempe, Wilk. Present but not voting: None. Absent or not voting: Freeborn. The motion of Rep. J. Peterson did not prevail. Also, on motion of Rep. Mayans to amend HB 2101, Rep. Tomlinson requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment not germane. Rep. Mayans challenged the ruling, the question being ``Shall the Rules Chair be sustained?'' The Rules Chair was sustained. Also, on motion of Rep. Packer to rerefer HB 2101 to Committee on Governmental Organization and Elections, the motion did not prevail, and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Governmental Organization and Elections recommends HB 2218 be amended on page 1, in line 30, following ``extended'' by inserting ``within the fringe February 12, 1997 137 area of the city''; in line 32, preceding ``would'' by inserting ``to be created or the boundaries to be extended''; in line 39, following ``expansion'' by inserting ``within the fringe area of a city''; On page 2, in line 4, following ``district'' by inserting ``within such fringe area''; in line 9, by striking ``located''; following line 30, by inserting the following: ``Sec. 2. K.S.A. 82a-623 is hereby amended to read as follows: 82a-623. Subject to the provisions of K.S.A. 1986 Supp. 19-270, notice of the filing of a petition for attachment fixing the time and place of hearing and giving notice thereof shall be in the same manner as prescribed in K.S.A. 82a-615, and amendments thereto, except notice shall not refer to any meetings to elect to board of directors or adopt bylaws, and in addition thereto the county clerk shall mail to each director of the board of the district named in the petition, a copy of such petition and notice of time and place same shall be considered and amendments thereto, the county clerk shall give notice to the county commissioners of the filing of the petition for attachment. The board of county commissioners shall fix a time and place, within 30 days from the date of the filing of the petition, for a hearing on the same. The county clerk, at least seven days before the date fixed for the hearing, shall send by first class mail to each owner of land within the area sought to be attached a copy of the petition for attachment, and a copy of the notice fixing the time and place of hearing on the petition. The owners of land within the area sought to be attached shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located. If the petition for attachment is accompanied by a verified statement by one of the owners of land within the area sought to be attached, or the attorney for the petitioner, that the owners of all of the land within the area sought to be attached have signed the petition for attachment, a copy of the petition for attachment shall not be sent to the owners of land sought to be attached. The clerk shall send by first class mail a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing on the petition to the office of the water district to which attachment is sought. The clerk also shall transmit to the chief engineer a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing thereon.''; And by renumbering the remaining sections accordingly; Also on page 2, in line 31, by striking ``is'' and inserting ``and 82a-623 are''; in line 33, by striking ``statute book'' and inserting ``Kansas register''; In the title, in line 10, following ``19-270'' by inserting ``and 82a-623''; in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. The Committee on Health and Human Services recommends HB 2199 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 2129 be amended on page 1, in line 21, by striking ``in a contracted affiliate'' and inserting ``or for a contractor''; in line 25, after ``thereto'' by inserting ``, or for a contractor of such educational institution, medical care facility or psychiatric hospital,''; On page 2, in line 40, after ``subdivision'' by inserting a comma; also in line 40, by striking ``contracted affiliate'' and inserting ``contractor''; On page 3, in line 2, after ``thereto'' by inserting ``, or a contractor of such educational institution, medical care facility or psychiatric hospital,''; and the bill be passed as amended. The Committee on Health and Human Services recommends HB 2200 be amended on page 2, in line 28, by striking ``any habit forming drug or'' and inserting ``a''; in line 32, by striking ``gave'' and inserting ``given''; in line 33, by striking ``any habit forming drug or'' and inserting ``a''; 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 2324, An act concerning prairie spirit rail trail; relating to designation as a part of the state park system; providing for a moratorium on further development of phase II until April, 1998, by Committee on Environment. 138 JOURNAL OF THE HOUSE HB 2325, An act concerning big game permits; relating to taking of deer; amending K.S.A. 1996 Supp. 32-937 and repealing the existing section, by Committee on Environment. HB 2326, An act concerning campaign finance; concerning reports filed by treasurers; amending K.S.A. 25-4148 and repealing the existing section, by Representatives Findley, Alldritt, Flora, Gilbert, Henry, Kirk, Phelps, Ruff, Sawyer, Showalter, Spangler, Storm, Vickrey and Welshimer. HB 2327, An act concerning campaign finance; prohibiting certain contributions and solicitations therefor during certain time periods; amending K.S.A. 25-4153a and repealing the existing section, by Representatives Findley, Alldritt, Burroughs, Flora, Garner, Gilbert, Henry, Kirk, McKinney, Phelps, Ruff, Showalter, Spangler, Storm, Wells, Welshimer and Wempe. HB 2328, An act concerning campaign finance; concerning reports required by treasurer and contributors; amending K.S.A. 25-4148 and repealing the existing section, by Representatives Findley, Alldritt, Crow, Flora, Garner, Gilbert, Henry, Kirk, Kuether, Phelps, Ruff, Spangler, Toelkes, Vickrey and Wempe. HB 2329, An act concerning the changing of the domicile of foreign insurance companies, by Committee on Appropriations. HB 2330, An act concerning the individual development account act; prescribing guidelines and limitations; exempting certain earnings from Kansas income tax; amending K.S.A. 1996 Supp. 79-32,117h and repealing the existing section, by Committee on Appropriations. HB 2331, An act concerning solid waste; relating to processing facilities and disposal areas; amending K.S.A. 1996 Supp. 65-3407 and repealing the existing section, by Representatives Wagle, Powell, Samuelson and Thimesch. HB 2332, An act concerning oil and gas; relating to natural gas gathering systems; providing for regulation of certain entities; concerning certain natural gas public utilities and common carriers; amending K.S.A. 1996 Supp. 55-150 and repealing the existing section, by Committee on Utilities. HB 2333, An act prohibiting certain abortions; amending K.S.A. 1996 Supp. 65-6703 and repealing the existing section, by Representatives O'Connor, Ballou, Bradley, Carmody, Dahl, Donovan, Faber, Farmer, Flower, Freeborn, Gilmore, Hayzlett, Henry, Hutchins, Jennison, Kejr, Phill Kline, Larkin, Lloyd, P. Long, Mason, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Powell, Powers, Presta, Swenson, Thimesch, Toplikar, Vickrey, Vining and Wilk. HB 2334, An act concerning abortion; relating to financial responsibility for costs relating to abortions performed on certain minors, by Representatives O'Connor, Bradley, Dahl, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Hayzlett, Henry, Howell, Hutchins, Jennison, Kejr, Phill Kline, Larkin, Lloyd, P. Long, Mason, Mays, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Powell, Powers, Presta, Shore, Swenson, Thimesch, Toplikar,Vickrey, Vining and Wilk. HB 2335, An act concerning humane treatment of the human fetus; requiring administration of an anesthetic or analgesic to the fetus under certain circumstances, by Representatives O'Connor, Ballou, Bradley, Burroughs, Carmody, Dahl, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Hutchins, Jennison, Kejr, Phill Kline, Lloyd, P. Long, Mason, McClure, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Pauls, Powell, Powers, Presta, Shultz, Thimesch, Toplikar, Vining and Wilk. HB 2336, An act prohibiting partial-birth abortions; amending K.S.A. 1996 Supp. 656703 and repealing the existing section, by Representatives O'Connor, Ballou, Bradley, Burroughs, Carmody, Dahl, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Howell, Hutchins, Jennison, Kejr, Phill Kline, Larkin, Lloyd, P. Long, Mason, Mayans, Mays, McClure, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Pauls, J. Peterson, Powell, Powers, Presta, Shore, Shultz, Swenson, Thimesch, Toplikar, Vickrey, Vining and Wilk. HB 2337, An act concerning open meetings; relating to request of notice; amending K.S.A. 75-4318 and repealing the existing section, by Representative Garner. February 12, 1997 139 CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of HB 2268 from Committee on Appropriations and referral to Committee on Appropriations and Committee on Health and Human Services, separately. REPORT ON ENGROSSED BILLS HB 2007, 2070, 2071, 2074, 2094 reported correctly engrossed February 11, 1997. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, February 13, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+