J o u r n a l o f t h e H o u s e TWENTY-SIXTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, February 18, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 120 members present (see Communications from State Officers). Reps. Phil Kline, O'Connor, Showalter and Shriver were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, In Romans 13:10, You said ``Love does no harm to its neighbor, therefore love is the fulfillment of the law''. You also warned us in 2 Timothy 3:2, that in these last days, love would not be neighborly . . . that it would be selfish, and men would be lovers of themselves. Lord, when we examine ourselves, it seems that we're in the last days, because we are finding it increasingly more difficult to love our neighbors. In the story of ``The Good Samaritan,'' found in Luke 10:25-37, one who had made law his career . . . one who had been challenged concerning the law of love, asked the question, ``Who is my neighbor?'' From the analogy that was presented in answer to the question, the neighbor was one who demonstrated compassion for a stranger by unselfishly giving of his resources. Father, help these lawmakers to be lovingly sensitive to their neighbors . . . and as strange as some of their neighbors may be, help them to be impartial. As you lovingly bless these legislators to move up, and in, give concern and compassion for the down, and out. I come in the Name of Him who loved impartially. I come in the Name of Jesus. Amen INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2479, An act concerning consumer protection; relating to prize notification; amending K.S.A. 50-692 and repealing the existing section, by Committee on Federal and State Affairs. HB 2480, An act supplementing the Kansas consumer protection act; relating to business opportunities; prohibiting certain acts and providing remedies for violations, by Committee on Federal and State Affairs. HB 2481, An act relating to income taxation; providing a credit therefrom for certain investments in certain agricultural cooperatives, by Committee on Taxation. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2477, 2478. Business, Commerce and Labor: HB 2475. Insurance: HB 2476. Taxation: HB 2474. February 18, 1997 171 CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of SB 31 from Committee on Insurance and referral to Committee on Judiciary. COMMUNICATIONS FROM STATE OFFICERS February 17, 1997 The Honorable Bill Graves Governor 212-S State Capitol Topeka, Kansas 66612-1590 Dear Governor: Having been fortunate enough to receive the majority of the votes cast at the First Senatorial District Convention, I hereby tender my resignation as 61st District Representative forthwith. Sincerely, Edward W. Pugh Representative, 61st District COMMUNICATIONS FROM STATE OFFICERS From James J. O'Connell, Secretary of Health and Environment, in accordance with K.S.A. 65-3406, Kansas Solid Waste Management Plan, December 1996. The complete report is kept on file and open for inspection in the office of the Chief Clerk. COMMITTEE ASSIGNMENT CHANGES Speaker Shallenburger announced the following committee assignment changes: Rep. Wagle is appointed as a temporary member of the Committee on Federal and State Affairs, Committee on Judiciary, and Committee on Taxation to replace Rep. Pugh. Rep. Presta is appointed as Vice-Chair of Committee on Judiciary to replace Rep. Pugh. Rep. Palmer is appointed Vice-Chair of Committee on Tourism to replace Rep. Presta. CONSENT CALENDAR Objection was made to HB 2182, 2185 appearing on the Consent Calendar; the bills were placed on the calendar under the heading of General Orders. No objection was made to HB 2095, 2180 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2129, An act concerning licensed masters level psychologists; practice requirements; amending K.S.A. 1996 Supp. 74-5362 and 74-5363 and repealing the existing sections; also repealing K.S.A. 74-5363, as amended by section 124 of chapter 229 of the 1996 Session Laws of Kansas, was considered on final action. On roll call, the vote was: Yeas 115; Nays 5; Present but not voting 0; Absent or not voting 4. 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, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Shultz, Sloan, Spangler, Stone, Storm, 172 JOURNAL OF THE HOUSE Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Howell, Phill Kline, Landwehr, Shallenburger, Weber. Present but not voting: None. Absent or not voting: Phil Kline, O'Connor, Showalter, Shriver. The bill passed, as amended. HB 2183, An act concerning the department of health and environment; licensed speech language pathologists and audiologists continuing education sponsors; amending K.S.A. 656501 and 65-6512 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 105; Nays 15; Present but not voting 0; Absent or not voting 4. 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, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, J. Long, P. Long, Mason, Mayans, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilk. Nays: Aurand, Franklin, Kejr, Phill Kline, Landwehr, Lloyd, Mays, Neufeld, Packer, Powers, Presta, Shore, Swenson, Weber, Wilson. Present but not voting: None. Absent or not voting: Phil Kline, O'Connor, Showalter, Shriver. The bill passed, as amended. HB 2184, An act concerning the department of health and environment; licensed dietitian continuing education sponsors; amending K.S.A. 65-5902 and K.S.A. 1996 Supp. 65-5913 and repealing the existing sections. On roll call, the vote was: Yeas 98; Nays 22; Present but not voting 0; Absent or not voting 4. 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, Findley, Flaharty, Flora, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, J. Long, P. Long, Mayans, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weiland, Wells, Welshimer, Wempe. Nays: Aurand, Feuerborn, Flower, Franklin, Kejr, Phill Kline, Landwehr, Lloyd, Mason, Mays, McKechnie, Neufeld, Packer, Powers, Presta, Shallenburger, Shore, Swenson, Vickrey, Weber, Wilk, Wilson. Present but not voting: None. Absent or not voting: Phil Kline, O'Connor, Showalter, Shriver. The bill passed, as amended. HB 2200, An act concerning dentists and dentistry; relating to disciplinary actions and confidentiality; amending K.S.A. 1996 Supp. 65-1436 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 0; Absent or not voting 4. 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, February 18, 1997 173 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, 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'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, 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: Phil Kline, O'Connor, Showalter, Shriver. The bill passed, as amended. HB 2218, An act concerning certain special benefit districts; relating to the creation or enlargement thereof; amending K.S.A. 19-270 and 82a-623 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 110; Nays 10; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, 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, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Ballou, Dean, Howell, Phill Kline, Krehbiel, McKechnie, Minor, Packer, Vickrey, Wempe. Present but not voting: None. Absent or not voting: Phil Kline, O'Connor, Showalter, Shriver. The bill passed, as amended. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Mollenkamp in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Mollenkamp, Committee of the Whole report, as follows, was adopted: Recommended that HB 2057, 2181, 2112 be passed.. Committee report to HB 2022 be adopted and the bill be passed as amended. Committee report to HB 2013 be adopted and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Environment recommends HB 2219 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 2288 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 Transportation recommends HB 2167 be amended on page 1, in line 17, by striking ``canceled, revoked,''; in line 36, by striking ``or have in possession''; in line 37, following ``any'' by inserting ``canceled, revoked or''; On page 2, following line 18, by inserting the following: 174 JOURNAL OF THE HOUSE ``Sec. 2. K.S.A. 1996 Supp. 8-1327 is hereby amended to read as follows: 8-1327. (a) It shall be unlawful for any person, for any purpose, to: (1) Display, cause or permit to be displayed, or have in possession, any ~~canceled,~~ fictitious, fraudulently altered or fraudulently obtained identification card. (2) Lend any identification card to any other person or knowingly permit the use thereof by another. (3) Display or represent any identification card not issued to the person as being the person's card. (4) Permit any unlawful use of an identification card issued to the person. (5) ~~Do any act forbidden or fail to perform any act required by this act~~ Use a false or fictitious name in any application for an identification card, or any renewal or replacement thereof, or knowingly conceal a material fact or otherwise commit a fraud in any such application. (6) Display or possess any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this act. (7) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law. (8) Fail or refuse to surrender to the division upon its lawful demand any identification card which has been canceled. (9) Display or cause or permit to be displayed any canceled identification card. (b) Violation of paragraph (9) of subsection (a) is a class B misdemeanor. Violation of ~~any provision~~ paragraphs (2), (3), (4), (6), (7) or (8) of subsection (a) is a class B A misdemeanor. Violation of paragraphs (1) or (5) of subsection (a) is a severity level 9, nonperson felony. (c) It shall be unlawful for any person to: (1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor. (2) Lend any identification card to or knowingly permit the use of any identification card by any person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage. (3) Lend any identification card, driver's license or other form of identification to aid another person in obtaining an identification card or replacement identification card. (4) Display or cause to be displayed or have in possession any fictitious or fraudulently altered identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage. (d) Violation of any provision of subsection (c) is a class A misdemeanor. (e) The provisions of this section shall apply to any identification card, driver's license or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction.''; And by renumbering sections accordingly; Also on page 2, in line 19, by striking ``is'' and inserting ``and 8-1327 are''; in line 21, by striking ``statute book'' and inserting ``Kansas register''; Also on page 1, in the title, in line 9, by striking all following ``licenses'' and inserting ``and nondriver identification cards;''; in line 10, following ``8-260'' by inserting ``and 8-1327''; also in line 10, by striking ``section'' and inserting ``sections''; 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 introduced and read by title: HB 2482, An act relating to income taxation; concerning the taxation of retirement benefits; amending K.S.A. 14-10a10, 20-2618, 74-4978g and 74-49,106 and K.S.A. 1996 Supp. 12-111a, 12-5005, 13-1246a, 13-14a10, 74-4923, 74-49,105 and 79-32,117 and repealing the existing sections; also repealing K.S.A. 72-17,122, by Committee on Taxation. February 18, 1997 175 HB 2483, An act concerning district magistrate judges; establishing two positions in the third judicial district; amending K.S.A. 1996 Supp. 20-338 and repealing the existing section, by Committee on Appropriations. HB 2484, An act concerning the Kansas bureau of investigation; relating to the powers, duties and functions thereof; authorizing acceptance of gifts and grants; background investigations; amending K.S.A. 75-712 and repealing the existing section, by Committee on Appropriations. REPORT ON ENGROSSED BILLS HB 2129, 2183, 2184, 2200, 2218 reported correctly engrossed February 17, 1997. READING AND CORRECTION OF THE JOURNAL In the Journal, on page 165, under Final Action on Bills and Concurrent Resolutions, the following should be inserted at the end of the vote on Sub. HB 2081: The substitute bill passed. On motion of Rep. Jennison, the House adjourned until 10:30 a.m., Wednesday, February 19, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+