J o u r n a l o f t h e H o u s e TWENTY-THIRD DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Thursday, February 13, 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 by Chaplain Washington: Heavenly Father, I come to You today, impressed with the extremely deep need for Your guidance. In our shortsightedness, there is a sense, that in reality is nonsense, and a nonsense, that from YOUR perspective, makes GOOD sense. There is an unfounded wisdom, that is really foolishness. There is a so-called foolishness, that is really wise. There is a gain, that is really a deficit, and there is a deficit, that is actually a gain (Philippians 3:7-9). There is an exalted popular way, that leads downward, while there is an humble lowly way, that leads to exaltation (Philippians 2:5-11). There is a perverted win, that declines into a loss, and there is a misstated loss, that advances into a win. In the first chapter of 1st Corinthians, You raise the question ``Where are those who have REAL wisdom? . . . Where are those who see things your way?'' Father, since there is a step down, that leads to a step up, help us to humble ourselves before You, and to live here, like we have to leave here. I come humbly before You, in the Name of Jesus. Amen and Amen. INTRODUCTION OF GUESTS Speaker Shallenburger introduced David C. Glassner, International Trade Representative, Trade Development Division, Department of Commerce and Housing, who introduced Gov. Ivan Shabanov and Dr. Anatoly Lyutykh, Voronezh, Russia. Gov. Shabanov addressed a few remarks to the members of the House with Dr. Lyutykh's daughter, Elena, serving as translator. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2338, An act concerning township fire districts; relating to the reorganization thereof; amending K.S.A. 1996 Supp. 80-1501 and repealing the existing section, by Representative Humerickhouse. HB 2339, An act concerning the retirement system for judges; relating to district magistrate judges; amending K.S.A. 20-2610 and 20-2620 and repealing the existing sections, by Representative Jennison. HB 2340, An act concerning civil procedure; relating to asset seizure and forfeiture; amending K.S.A. 60-4117 and repealing the existing section, by Representatives Hutchins, Bradley, Compton, Flower, Humerickhouse, P. Long, J. Peterson and Weber. February 13, 1997 141 HB 2341, An act concerning the Kansas public employees retirement system and systems thereunder; relating to postretirement benefit increase for certain retirants; amending K.S.A. 1996 Supp. 74-4950f and repealing the existing section, by Representative Minor. HB 2342, An act concerning railroad crossings; relating to repair and maintenance; amending K.S.A. 66-227 and repealing the existing section, by Committee on Utilities. HB 2343, An act concerning child support; relating to bonuses and overtime pay; amending K.S.A. 1996 Supp. 60-1610 and repealing the existing section, by Representatives Dean and Swenson. HB 2344, An act concerning civil procedure; relating to wrongful death; amending K.S.A. 60-1901 and repealing the existing section, by Representative Dean. HB 2345, An act concerning school district finance; revising the definition of at-risk pupils; amending K.S.A. 1996 Supp. 72-6407 and repealing the existing section, by Representatives Benlon, Adkins, Beggs, Campbell, Compton, Crow, Empson, Flaharty, Franklin, Gilbert, Glasscock, Haley, Horst, Huff, Kirk, Phil Kline, Kuether, Mason, Pottorff, Ray, Ruff, Samuelson, Shore, Sloan, Stone, Storm, Tanner, Toelkes, Tomlinson, Wells and Wilson. HB 2346, An act relating to elections; concerning political contributions, by Representative Powell. HB 2347, An act concerning the office of lieutenant governor; providing for the appointment of a successor under certain circumstances, by Representative Powell. HB 2348, An act relating to travel and tourism; concerning requests for proposals; establishing a council on tourism, by Committee on Tourism. HB 2349, An act concerning tourism activities; amending K.S.A. 1996 Supp. 12-1770, 12-1771 and 12-1774 and repealing the existing sections, by Committee on Tourism. HB 2350, An act concerning the Kansas department of commerce and housing and the department of wildlife and parks; relating to developing lake resorts in Kansas, by Committee on Tourism. HB 2351, An act concerning the adjutant general; creating the armory building fund, by Committee on Appropriations. HB 2352, An act concerning the Kansas public employees retirement system; relating to postretirement increase, by Representative Vickrey. HB 2353, An act concerning cities and counties; relating to planning and zoning, by Representative Neufeld. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2318. Education: HB 2317, 2321. Environment: HB 2319, 2325, 2331. Federal and State Affairs: HB 2323. Financial Institutions: HB 2330. Governmental Organization and Elections: HB 2326, 2327, 2328, 2337. Health and Human Services: HB 2333, 2335. Insurance: HB 2329. Judiciary: HB 2334, 2336. Tourism: HB 2324. Utilities: HB 2320, 2322, 2332. MESSAGE FROM THE SENATE Announcing passage of SB 8, 12, 13, 31, 51, 66, 68, 89, 100, 103, 107, 109, 118, 135. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were read by title: SB 8, 12, 13, 31, 51, 66, 68, 89, 100, 103, 107, 109, 118, 135. CONSENT CALENDAR No objection was made to HB 2199 appearing on the Consent Calendar for the first day. 142 JOURNAL OF THE HOUSE No objection was made to HB 2104, 2216 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2020, An act concerning townships; relating to the governing bodies thereof; amending K.S.A. 1996 Supp. 68-115 and 80-304 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, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, 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, Johnson, Johnston, 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, 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, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Campbell, Edmonds, Jennison, Kejr, Tomlinson. Present but not voting: Neufeld. Absent or not voting: None. The bill passed, as amended. HB 2042, An act concerning fiduciary security transfers; relating to tax obligations; amending K.S.A. 17-4911 and repealing the existing section, 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, 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 2043, An act concerning probate; relating to valid settlement agreements; amending K.S.A. 59-102 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 92; Nays 33; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Grant, Hayzlett, Helgerson, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, February 13, 1997 143 O'Connor, O'Neal, Packer, Palmer, E. Peterson, J. Peterson, Pottorff, Powell, Powers, Presta, Pugh, Ray, Ruff, Samuelson, Schwartz, Shallenburger, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Swenson, Tanner, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Welshimer, Wilk, Wilson. Nays: Alldritt, Correll, Crow, Dean, Feuerborn, Flaharty, Flora, Garner, Gilbert, Haley, Henderson, Henry, Johnston, Kirk, Klein, Kuether, Larkin, McClure, McKechnie, Minor, Nichols, Pauls, Phelps, Reardon, Reinhardt, Sawyer, Sharp, Spangler, Storm, Toelkes, Weiland, Wells, Wempe. Present but not voting: None. Absent or not voting: None. The bill passed. HB 2049, An act concerning crimes and punishment; relating to authorized dispositions; concerning county defense costs; amending K.S.A. 1996 Supp. 21-4603d and repealing the existing section, 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, 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, as amended. HB 2075, An act relating to insurance companies; concerning agents and brokers; concerning fines and penalties assessed by the commissioner of insurance; amending K.S.A. 40-2,125, 40-755, 40-938, 40-1119, 40-2407 and 40-3311 and repealing the existing sections; also repealing K.S.A. 40-226, 40-939, 40-1120, 40-1705, 40-2214, 40-2236, 40-3205, 403206, 40-3811, 40-4113, 40-4210 and 40-4511, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 1; 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, Kuether, 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: Landwehr. Absent or not voting: None. The bill passed. 144 JOURNAL OF THE HOUSE HB 2101, An act concerning certain state officers and employees; relating to the acceptance or solicitation of gifts, loans and other gratuities. On roll call, the vote was: Yeas 107; Nays 18; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mayans, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Dahl, Donovan, Edmonds, Hayzlett, Jennison, Johnston, Kejr, Phill Kline, Lloyd, Mason, Mays, Minor, Neufeld, O'Connor, Powell, Shore, Swenson. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. EXPLANATIONS OF VOTE Mr. Speaker: I vote no on HB 2101 because an ethics bill that results in a fine of $5,000 to $15,000 should be very precise in its verbage. Imprecise verbage in law is an invitation to abuses. We don't need opoportunities for abuse in ethics legislation. Is a bar-be-qued rib a snack food? Is a Chamber of Commerce members only luncheon public or private? I must vote no on HB 2101.--Kay O'Connor Mr Speaker: I vote yes on HB 2101. It is the first small step towards ethics reform in this state. During the floor debates on this bill I voted against amendments that would have banned P.A.C. contributions in legislative campaigns. While eliminating PAC contributions may be a necessary reform, I believe the effect of adding this amendment to HB 2101 would have killed the bill. Even good ideas have no value if they do not become law. Good steaks are best eaten one bite at a time. I vote yes.--Bob Tomlinson, Gerry Ray, Kent Glasscock, Kenny A. Wilk, Carol E. Beggs, David Huff Mr Speaker: I vote ``no'' on HB 2101. This bill is a stellar example of a good idea run amok. Rather than apply its limitations exclusively to policy makers, HB 2101 applies to the entire classified and unclassified service. HB 2101 casts a broad net to catch only a few fish. I could support a more focused version of the bill, but this shotgun approach is simply too broad.--John Edmonds On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Vickrey in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Vickrey, Committee of the Whole report, as follows, was adopted: Recommended that committee report to HB 2055 be adopted and the bill be passed as amended. Committee report to HB 2137 be adopted and the bill be passed as amended. Committee report to HB 2056 be adopted and the bill be passed as amended. Committee report recommending a substitute bill to Sub. HB 2081 be adopted; and the substitute bill be passed. Committee report to HB 2058 be adopted and the bill be passed as amended. February 13, 1997 145 REPORTS OF STANDING COMMITTEES The Committee on Governmental Organization and Elections recommends HB 2171 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2171,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2171 By Committee on Governmental Organization and Elections ``AN ACT concerning campaign finance; requiring the reporting of certain information; amending K.S.A. 25-4150 and K.S.A. 1996 Supp. 25-4152 and repealing the existing sections.''; and the substitute bill be passed. (Sub. HB 2171 was thereupon introduced and read by title.) The Committee on Health and Human Services recommends HB 2182, 2185 be passed and, because the committee is of the opinion that the bills are of a noncontroversial nature, be placed on the consent calendar. The Committee on Health and Human Services recommends HB 2183 be amended on page 2, in line 39, after the period, by inserting ``No fee shall be more than $200.''; and the bill be passed as amended. The Committee on Health and Human Services recommends HB 2184 be amended on page 1, in line 43, after the period, by inserting ``No fee shall be more than $200.''; 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 2354, An act relating to state finances; concerning biennial budget estimates for state agencies; legislative sessions and meetings relating thereto; amending K.S.A. 1996 Supp. 753717 and 75-6701 and repealing the existing sections, by Representatives Bradley, Carmody, Cox, Flower, Glasscock, Hutchins, Jennison, Packer, Pugh and Shallenburger. HB 2355, An act concerning taxation; relating to excise and income tax evaders; creating a reward system for informants and a fund therefor, by Representative Bradley. HB 2356, An act concerning cities; relating to the rehabilitation of abandoned property; amending K.S.A. 1996 Supp. 12-1750, 12-1752, 12-1753, 12-1756a, 12-1756b, 12-1756c, 12-1756d, 12-1756e, 12-1756f and 79-3102 and repealing the existing sections, by Representative Haley. HB 2357, An act relating to income taxation; exempting retirement benefits of public employees of another state or its political subdivisions; amending K.S.A. 1996 Supp. 7932,117 and repealing the existing section, by Committee on Taxation. HB 2358, An act relating to property taxation; concerning certain improvements located on land owned by cities; amending K.S.A. 1996 Supp. 79-412 and repealing the existing section, by Representative Edmonds. HB 2359, An act concerning the Kansas public employees retirement system; relating to purchase of service credit, by Representative Toplikar. HB 2360, An act concerning insurance; relating to diagnosis and treatment of osteoporosis, by Representatives Pottorff, Ballard, Benlon, Compton, Crow, Empson, Flaharty, Flower, Freeborn, Gilbert, Gilmore, Horst, Hutchins, Kirk, Kuether, Landwehr, P. Long, McClure, O'Connor, Palmer, Pauls, E. Peterson, Ray, Ruff, Samuelson, Schwartz, Sharp, Showalter, Storm, Toelkes, Vining, Wagle, Weber and Welshimer. HB 2361, An act concerning nongame, threatened and endangered species; relating to listing of and recovery plans for such species; allowing tax credits for certain taxes and assessments; amending K.S.A. 32-957, 32-960 and 32-962 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 32-963a, by Committee on Environment. HB 2362, An act concerning state officers and employees; relating to salaries and wages and compensation for overtime work; prescribing certain rates and procedures; amending K.S.A. 75-4322 and K.S.A. 1996 Supp. 75-5537 and repealing the existing sections, by Representative Sloan. 146 JOURNAL OF THE HOUSE HB 2363, An act concerning school district finance; affecting the determination of school facilities weighting; relating to the tax levy authorized to be made by certain districts for the purpose of paying costs attributable to operation of new school facilities; amending K.S.A. 72-6415 and K.S.A. 1996 Supp. 72-6441 and repealing the existing sections, by Representatives Gilmore, Ray, Adkins, Campbell, Cox, Shallenburger and Wilson. HB 2364, An act concerning guardians; relating to the powers thereof; amending K.S.A. 59-3018 and K.S.A. 1996 Supp. 59-3018a and repealing the existing sections, by Committee on Judiciary. HB 2365, An act relating to motor vehicles; providing for nonrepairable only certificate of title; regulations; amending K.S.A. 8-1,136 and 8-2406 and K.S.A. 1996 Supp. 8-1,137, 8-2401, 8-2404,8-2408, 8-2412 and 8-2434 and repealing the existing sections, by Committee on Transportation. HB 2366, An act concerning social welfare; relating to eligibility for public assistance; amending K.S.A. 1996 Supp. 39-709 and repealing the existing section, by Representatives Alldritt, Crow, Dean, Gilbert, Grant, Kirk, McClure, E. Peterson, Phelps, Ruff, Sawyer, Showalter, Spangler, Toelkes and Welshimer. REPORT ON ENGROSSED BILLS HB 2020, 2049, 2101 reported correctly engrossed February 12, 1997. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, February 14, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+