J o u r n a l o f t h e H o u s e THIRTY-FIRST DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, February 25, 1997, 10:00 a.m. The House met pursuant to adjournment with Speaker pro tem Wagle in the chair. The roll was called with 124 members present. Prayer by Chaplain Washington: Heavenly Father, Although You're Heavenly enthroned, You're earthly involved. While You're seated up there, You're working down here. It's great that our House is of such concern in Your House. Father, as we manage these disturbing earthly affairs, let the rules in this House comply with the orders from Your House. With all the problems that we will face during our sojourn, keep us Heavenly focused enough to legislate some earthly good. And when we've finished our chores in this House, please find us a place in Yours. For comparatively speaking, all of us in this place are from troubled homes. Let the difficulties of the home life here be replaced with the rewards of Home life with You. For Job said in Chapter 3, verse 17, that there, in Your House, the wicked will cease from troubling and the weary will be at rest. So please hear the faint childlike knocking of our faith, that it may open Your door. When this life is over, let our joyful cry be like that of David's, in Psalms 23:6, ``I will dwell in the House of the Lord forever.'' I come to You in the Name of Jesus. Amen and Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2499, An act concerning controlled shooting areas; relating to the total licensed acreage in any county; amending K.S.A. 32-945 and repealing the existing section, by Committee on Appropriations. HB 2500, An act enacting the electric industry restructuring act; establishing a legislative oversight committee, by Committee on Appropriations. HB 2501, An act relating to real estate appraisers; qualifications; vacancies; amending K.S.A. 19-430 and repealing the existing section, by Committee on Appropriations. HB 2502, An act repealing K.S.A. 1996 Supp. 39-7,125; relating to reduced benefit increases in aid to families with dependent children for certain recipients of such program, by Committee on Appropriations. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Tourism: HB 2498. MESSAGE FROM THE SENATE Announcing passage of SB 3, 29, 123, 131, 136, 144, 147, 173, 174, 175, 177, 227, 229, 237, 240, 259, 275, 303. 266 JOURNAL OF THE HOUSE INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were thereupon introduced and read by title: SB 3, 29, 123, 131, 136, 144, 147, 173, 174, 175, 177, 227, 229, 237, 240, 259, 275, 303. CONSENT CALENDAR Objection was made to HB 2217 appearing on the Consent Calendar; the bill was placed on the calendar under the heading of General Orders. No objection was made to HB 2308 appearing on the Consent Calendar for the first day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2010, An act relating to the records of the division of vehicles; amending K.S.A. 1996 Supp. 74-2012 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 124; 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, 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 2170, An act relating to motor vehicles; providing for distinctive license plates for United States military veterans, was considered on final action. On roll call, the vote was: Yeas 124; 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, 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 2202, An act relating to driver's licenses; concerning fire trucks; amending K.S.A. 1996 Supp. 8-234b and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 105; Nays 19; Present but not voting 0; Absent or not voting 0. February 25, 1997 267 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Pauls, E. Peterson, Phelps, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk. Nays: Adkins, Benlon, Campbell, Edmonds, Geringer, Huff, Phill Kline, Landwehr, Lane, Packer, Palmer, J. Peterson, Pottorff, Powell, Presta, Storm, Swenson, Tomlinson, Wilson. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2243, An act concerning motor vehicles; relating to Kansas national guard and educational license plates; amending K.S.A. 1996 Supp. 8-177a and 8-1,142 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 124; 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, 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 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, was considered on final action. On roll call, the vote was: Yeas 122; Nays 2; 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, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, 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, 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: Franklin, Helgerson. 268 JOURNAL OF THE HOUSE Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2348, An act relating to travel and tourism; concerning requests for proposals; establishing a council on tourism, was considered on final action. On roll call, the vote was: Yeas 107; Nays 17; Present but not voting 0; Absent or not voting 0. Yeas: Alldritt, Allen, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Donovan, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilmore, Glasscock, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, 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, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson. Nays: Adkins, Aurand, Benlon, Crow, Dean, Edmonds, Flaharty, Gilbert, Grant, Helgerson, Kirk, Klein, Mays, Neufeld, Sawyer, Shriver, Wilk. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. 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, was considered on final action. On roll call, the vote was: Yeas 123; 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, 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, 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: Edmonds. Present but not voting: None. Absent or not voting: None. The bill passed. HB 2374, An act relating to travel and tourism, establishing a state tourism fund and a council on tourism; amending K.S.A. 1996 Supp. 79-4801 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 63; Nays 60; Present but not voting 1; Absent or not voting 0. Yeas: Alldritt, Allen, Ballou, Beggs, Bradley, Carmody, Compton, Cox, Dahl, Donovan, Dreher, Edmonds, Faber, Farmer, Feuerborn, Flower, Franklin, Geringer, Gilmore, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline, Landwehr, Lane, Lloyd, P. Long, Mayans, McClure, Minor, Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, February 25, 1997 269 Pottorff, Powell, Presta, Samuelson, Shallenburger, Shore, Shultz, Swenson, Tanner, Toplikar, Vining, Wagle, Weber, Welshimer, Wempe, Wilson. Nays: Adkins, Aurand, Ballard, Benlon, Boston, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Empson, Findley, Flaharty, Flora, Freeborn, Garner, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Larkin, J. Long, Mason, Mays, McCreary, McKinney, Neufeld, Nichols, Packer, Powers, Ray, Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Wells, Wilk. Present but not voting: McKechnie. Absent or not voting: None. The bill passed, as amended. INTRODUCTION OF GUESTS Special guests of the day were the International Officers from the Command and General Staff College, Fort Leavenworth. Rep. Wilk addressed the following remarks: Mr. Speaker, Members of the House: When the members of this House sought election to their current seat few gave any thought to foreign policy. That traditionally is the role of a President and the U.S. Congress. Though we will not write or decide foreign policy, today the members of this chamber will participate in foreign diplomacy. The eyes of the world are literally upon you, and me, and the actions we take today. In our chamber gallery are 82 representatives from 70 different countries from around the world. It is my privilege and honor to introduce to you the International Officers of the 1997 class at the Command and General Staff College at Fort Leavenworth, Kansas. The Command and General Staff College (CGSC) is a big part of Leavenworth and the military base at Fort Leavenworth. Fort Leavenworth was founded in 1827 by Col. Henry Leavenworth. The base is the oldest Army post in continuous existence west of the Mississippi river. In 1881 the school that was later to become the U.S. Army Command and General Staff College was founded by President Ulysses S. Grant. Among the famous students and instructors at the college have been George C. Marshall, Dwight D. Eisenhower, Douglas McArthur, George Patton, Collin Powell, and Norman Schwarzkopf. Included in the class of over 1000 students for 1997 are 90 officers from foreign countries. The individual officers here today represent our U.S. Allies. They are our friends. The international component of CGSC has always been important. Given the world events of the last several years and the need on many occasions for international cooperation and planning the International Officer training is essential for both short and long term relations. The officers in our gallery are the best of the best. Many of these individuals will go on to become high ranking military and political leaders in their respective countries. It is fair and accurate to say the Command and General Staff College is one of the finest learning institutions in the world. Military strategies and tactics are studied, practiced and understood. Additionally, good leaders are developed into great leaders. Leadership from a domestic and international viewpoint is nurtured and developed. But maybe most importantly personal relationships are established. Kansas is the home for these officers for the year they are in school. Upon completion of their class they will return home. Their memories and experiences of America will be a direct reflection from their time spent in the heartland of America. I personally believe these officers could have no better place to learn about America and her values than here in Kansas. As a life long resident of Leavenworth County, I am proud to share our community and our state with these visitors from afar. Today our visitors are here to observe democracy in progress. Along with their stop in the House they will visit the Senate, the Governor and pay the Judicial branch a visit. I ask my fellow members to join me in giving a warm Kansas welcome to our International Officers. 270 JOURNAL OF THE HOUSE Rep. Crow addressed the following remarks: Mr. Speaker and Members of the House of Representatives: I have the great honor today to welcome the International members of the 1996 Command and General Staff College at Fort Leavenworth to our state Capitol. These officers, who are the best and brightest members of their nation's military forces, are here in Kansas to proudly represent their countries. They come in peace and good will to study alongside American military officers. While they are in Kansas, they will share their skills, their cultures, their ideals, and their dreams and they will enrich our state by their presence. For over one hundred years, international students have come to our Command and General Staff College to accept the challenge and responsibility to provide the best possible leadership for their home countries. The international officer program began slowly at the turn of the last century. The earliest international students were elite officers from nearby countries: Mexico, Puerto Rico and Cuba. In the 1940's the program grew as officers came from all over the world to train as allies and friends. In Kansas and in Leavenworth County, we are indeed honored and privileged to share our state and community with these officers and their families while they are here. Today we have 90 of the world's greatest officers with us, representing 74 countries. I am proud to be given this great honor of welcoming them to our state, our capitol and our chambers. It is my privilege to share with you the 74 countries represented by our visitors here today. We have officers from: Albania--Major Zef Bushi Argentina--Major Walter Raul Molina Australia--Major John Peter Smith, Major Andrew Thomas Condon Austria--Lieutenant Colonel Gunter Eisl Bahrain--Major Salman Sabah Al-Khalifa Bangladesh--Major Md Abdur Razzaque Belarus--Major Igor Njkuluevich Syrtsev Belgium--Major Henk Robberecht Belize--Major George Lovell Botswana--Major Charles Mosamaria Abotseng Brazil--Lieutenant Colonel Juarez Aparecido de Paula Cunha Bulgaria--Lieutenant Colonel Krassimir Nedeltchev Mintchev Cambodia--Lieutenant Colonel Som Ek Canada--Major Stanley Lee Nickerson, Major Jon Paul G. MacIntyre Croatia--Lieutenant Colonel Dragutin Repinc Czech Republic--Lieutenant Colonel Rostislav Mazurek Denmark--Captain Niels Christian Koefoed, Captain Henrik Lyhne Djibouti--Captain Guelleh Negueyeh Said Ecuador--Lieutenant Colonel Luis Napoleon Alvardo Suarez Egypt--Major Aly Fahmy Mohamed Fahmy, Major Magdy Aly Abou El Magd El Salvador--Major William Saul Hernandez Finland--Major Tapani Jouko Antti Hyotylainen France--Major Jean-Francois Parlanti Georgia--Colonel David D. Tsvadze Sr Germany--Lieutenant Colonel Juergen Jakob Setzer, Lieutenant Colonel Heinz Josef Feldmann Ghana--Major Emmanuel Godwin Tetteh-Akunor Greece--Lieutenant Colonel Dimitrios Jajas Guyana--Lieutenant Colonel Edward Orin Collins Hungary--Captain Jeno Karoly Fulop India--Lieutenant Colonel Bipin Rawat Israel--Lieutenant Colonel Lawrence Muallem Italy--Captain Vittorio Antonio Stella, Captain Michele Risi Jamaica--Major Oral O'Brian Khan Japan--Lieutenant Colonel Kiyoshi Ogawa Jordan--Major Talal Muhammed Andullah Bani Melhem, Major Tayel M. Kh. Dalabeeh February 25, 1997 271 Kazakstan--Major Malik Serikbay Mavlenov Kenya--Major Charles N. Moturi Korea--Major Park Chan Seok, Major Kim Jung Pil Latvia--Captain Egils Nilenders Lebanon--Lieutenant Colonel Bassam B. Aboul Hosn Lithuania--Captain Arvydas Plestys Malawi--Lieutenant Colonel Cosgrove Brown Mituka Malaysia--Major Mohd Nazri bin Abd Rahman Mexico--Colonel Adelfo Castillo Lopez, Lieutenant Colonel Juan Francisco Tovia Mazon Moldova--Lieutenant Colonel Mihail Sajin Mongolia--Major Naranbaatar Lundeg Namibia--Lieutenant Colonel Angula Charles Shalumbu Nepal--Major Bishnu Rudra Sharma Netherlands--Major Thomas A. Middendorp New Zealand--Major Stephen David Newman Norway--Major Per Arne Five Oman--Major Humaid bin Said b Rashid Al-Jaradi Pakistan--Major Hidyat ur Rehman Papua New Guinea--Major Niligur Peniel Philippines--Lieutenant Colonel Rodrigo F. Maclang Poland--Major Tomasz Piekarski Portugal--Lieutenant Colonel Antonio Zavier Lobato de Faria Menezes Qatar--Lieutenant Colonel Mohammed Hussain Al-Harji Romania--Captain Lucian Cristinel Bumbacea Saudi Arabia--Lieutenant Colonel Jalal A.A. Al-Madi, Major Osama S.A. Al-Hargan, Lieutenant Colonel Turki N.M. Al-Bugami, Lieutenant Colonel Fahad S.F. Al-Zarah Singapore--Major Lim Chern Tjunn Philip Slovak Republic--Lieutenant Colonel Jozef Margus Slovenia--Major Ivan Lakovsek South Africa--Lieutenant Colonel Lawrence Reginald Smith Spain--Major Mariano Bayo de la Fuente Sri Lanka--Major Palitha Ruwan Wanigasooriya Switzerland--Major Jean-Jacques Joss, Lieutenant Colonel Jueig Oberholzer Taiwan--Mr. Tang Po-ping Thailand--Lieutenant Colonel Danai Boontan, Lieutenant Colonel Suchart Sowana Turkey--Lieutenant Colonel Ali Samet Oz Ukraine--Major Igor Shul-ginov United Arab Emirates--Major Awad Obaid Mohammed Al-Neyadi United Kingdom--Major William George Irving, Major Robert John Collincutt Venezuela--Major Hector Herrera Jiminez, Lieutenant Colonel Rafael F. Siverio Sanchez Rep. Ruff addressed the following remarks: As I add my welcome to you, our International Officers, I want to take my welcome a step further. Although most of our good wishes have been directed toward you, I would like to especially welcome your wives and children. So when you return to Fort Leavenworth this evening, please extend my best wishes to your families. For you see, I know what it is like to have a father in the military. I remember all too well what it is like to attend 11 schools in 12 years. Living halfway around the world was a matter of routine for many of us. I know what your wives and children are going through, coming to America and living in a country so different from yours. My military father, like many of yours, I'm sure, told us we were on a great adventure and other little children were not as fortunate. I must admit there were times when I didn't agree. But growing up the daughter of a military officer made for a wonderful childhood and I might add excellent training for those who want to follow a career in politics. My fellow representatives JoAnn Freeborn and now the newest representative from Leavenworth, Marti Crow, were military daughters, and Rep. Crow wanted me to make 272 JOURNAL OF THE HOUSE mention that her father was in the Air Force. But I am sure they can attest to the unique experiences that accompany such a childhood. This year's welcome, though, to you our International Officers also has another unique circumstance for me. For you see, my husband now wears the uniform of the United States Army. As a member of the Army Reserves at Fort Leavenworth, he was mobilized about a month ago. He is now the operations officer for the 95th MP Battalion in Mannheim Germany. He will soon be taking several National Guard units into Bosnia. Being called back into the military was something I had not expected. But I could not be more proud of him. He takes a great deal of pride in serving his country as I'm sure you do also. The countries you represent cover almost the entire world. Some of the countries that Rep. Crow named are quite familiar to us Americans and others are not. But because you are here, we are all learning. Many of you will someday be high ranking officers in your country's military or possibly in your government. I hope this visit to our state's capitol will stay in your memory and I hope your experiences at Fort Leavenworth will stay in your heart. Because, you see, Kansas is in the heart of our great country. You will find no better Americans than those here in Kansas. This is our heartland and you, your wives and children are certainly welcome. So when after today's activities and all the sights see and people you will meet, please take home this special message. That this Army daughter knows what your family is experiencing so far away from home. And this is why I want you to extend to them my most heartfelt welcome to Kansas. And now I yield to Colonel John Borel. Mr. Speaker, Distinguished Representatives, Representative Crow, Representative Ruff, Representative Wilk: Thank you for your kind introduction. On behalf of General Holder, Commander Combined Arms Center and Fort Leavenworth and Commandant of the Command and General Staff College, I thank you for opening your proceedings to us today. This year marks the 103rd year of International Officer Education at Fort Leavenworth and for the past 36 years that education has included an opportunity to observe the proceedings of this quintessential American institution. We consider this day, and the view of the internal operations of the Kansas State Legislature to be a key and important part of the education offered to our international students. This is especially true today. Many of our international officers are arriving from countries which are just beginning the struggle to establish similar institutions; institutions which we as citizens of the United States sometimes take for granted. We are presently in our sixth year of hosting students from Eastern Europe and Central Asia, countries that previously would have been unable to join us. Today we are pleased to announce that officers from Latvia, Georgia, Croatia, Kazakhstan and Moldova have joined our ranks of international students. We also must count for the first time an officer from Guyana. At last count, there were 188 countries on this small planet. Today, we at Fort Leavenworth, have 90 officers from 74 countries in attendance. That represents almost 37% of our world's nations. As diverse as this group is, it is also extremely talented. If history is to be a guide, a significant number of these officers will go forth to positions of great responsibility in their countries. Since the time of Swiss Army Lieutenant Henri Lecompte, our first international officer in 1894, we have had the distinct privilege to host 5872 officers from 134 differenct countries. Not surprisingly, over 40% of these have gone on to become general officers. Twenty-three of our graduates became heads of state. Many, many more proceeded to serve in key cabinet level positions and as ambassadors. As such, this glimpse into your deliberations and the process behind them may prove as useful to some as hours spent studying U.S. military tactics and logistics. This also means that our U.S. officers are able to take advantage of the tremendous variety and scope of experience that our international officers bring with them. You just can't duplicate varying cultural and military perspectives with ``book learning'' or CD Rom interface on the internet. By simply being soldiers with one another, we gain knowledge not available to us anywhere else. As we progress deeper into what has been termed the post cold war era, the importance of our military relationships with our international brethren becomes ever more important. February 25, 1997 273 As we look at our humanitarian and peacekeeping efforts around the world it is refreshing to see U.S. soldiers standing side to side with those of the officers represented here. If you wish to gauge the successful progression of democracy and human rights throughout the world, you just have to look to Fort Leavenworth and see it happening. While our visit today is extremely beneficial in its educational content, I would be remiss if I failed to draw public attention to another group of Kansans who contribute immeasurably to the educational and social experience or our international officers. I speak of our civilian sponsors in and around the Leavenworth and Kansas City areas, generously volunteering their time and homes, providing positive views of our American culture. There is an immeasurable impact that these selfless individuals have in removing stereotypical views of we as a people, as a culture and as a nation. On behalf of all those at Fort Leavenworth, I am deeply grateful for your hospitality and support in allowing us the opportunity to include today's visit in our educational program. Thankyou. Speaker pro tem Wagle also extended a word of welcome to the International Officers. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Allen in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Allen, Committee of the Whole report, as follows, was adopted: Recommended that HB 2403, 2305 be passed. Committee report to HB 2073 be adopted and the bill be passed as amended. Committee report to HB 2361 be adopted and the bill be passed as amended. HB 2143 be passed over and retain a place on the calendar (see Committee of the Whole, Afternoon Session). Committee report to HB 2289 be adopted; also, on motion of Rep. Jennison be amended on page 1, in line 36, before ``to'' by inserting ``or the bull thistle (Cirsium vulgare), or both,''; in line 40, before ``within'' by inserting ``or the bull thistle, or both,''; in line 42, before ``to'' by inserting ``or the bull thistle, or both,''; On page 2, in line 2, before ``to'' by inserting ``or the bull thistle, or both,''; in line 9, before ``to'' by inserting ``or the bull thistle, or both,''; in line 13, before ``within'' by inserting ``or the bull thistle, or both,'' Also on page 1, in the title, in line 10, after ``lespedeza;'' by inserting ``bull thistle;''; and HB 2289 be passed as amended. Committee report to HB 2255 be adopted; also, on motion of Rep. Presta be amended on page 2, in line 17, following the period, by inserting the following: ``As an option to reimbursement authorized under this subsection, the department of health and environment may purchase food treatment products for distribution to diagnosed children in an amount not to exceed $1,500 per year per diagnosed child age 18 or younger.''; On page 1, in the title, in line 12, before ``amending'' by inserting: ``purchasing food treatment products authorized;''; Also, on motion of Rep. McClure to amend HB 2255, the motion did not prevail and the bill be passed as amended. On motion of Rep. McClure HB 2303 be amended on page 1, after line 29, by inserting: ``New Sec. 2. (a) Any person having a permanent physical or visual disability such that the person cannot safely hunt or fish in accordance with law and rules and regulations of the department, as certified by a person licensed to practice optometry or medicine and surgery in this state, shall be eligible to obtain a disability assistance permit. The permit shall allow the permitholder to designate another person to take, on behalf of and while accompanied by the permitholder, the permitholder's legal limit of game or fish. The person designated shall hold all licenses, permits, stamps or other issues of the department required for the activity being engaged in and the permitholder shall remain subject to all other laws and rules and regulations of the department for the activity being engaged in. On the determination of the secretary, the disability assistance permit may designate the hunting or fishing activity for which assistance to the permitholder may be provided. 274 JOURNAL OF THE HOUSE (b) The secretary shall adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations providing for the approval of applicants for permits pursuant to subsection (a) and for the issuance of such permits. (c) Falsely obtaining or using a permit authorized by this section is a class C misdemeanor.''; By renumbering sections 2 and 3 as sections 3 and 4; In the title, in line 9, after ``hunting'' by inserting ``or fishing''; and HB 2303 be passed as amended. Committee report to HB 2307 be adopted; also, on motion of Rep. Weber to amend, the motion did not prevail and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Education recommends HB 2285 be amended on page 1, in line 32, by striking ``across each district''; in line 34, by striking ``or''; also in line 34, after ``(CAT)'' by inserting ``, the national assessment of educational progress (NAEP), or other widely distributed achievement tests''; in line 37, before ``and'' by inserting ``social studies''; in line 39, by striking all after ``The''; by striking all of lines 40 through 43; On page 2, in line 5, after ``state'', by inserting ``board shall establish curriculum standards for the core academic areas. Such standards shall be equal to the best standards and shall be reviewed at least every three years. The state''; also in line 5, by striking all after ``be''; in line 6, by striking all before the period and inserting ``administered at three grade levels, as determined by the state board. The state board shall ensure compatibility between the state assessments and the curriculum standards. Nothing in this subsection shall be construed in any manner so as to impinge upon any district's authority to determine its own curriculum''; in line 15, by striking all after the period; by striking all of line 16; in line 17, by striking ``council.''; in line 26, after ``strengthen'' by inserting ``voluntary''; also in line 26, after the period, by inserting ``The indices to measure parental and community involvement shall not be used to measure the ability of a board to engender such involvement, nor shall the outcome objective for parental and community involvement be imposed as an objective to be attained by a board.''; in line 38, by striking ``registered voter'' and inserting ``board''; On page 3, in line 2, by striking ``six hours''; in line 3, before ``day'' by striking ``a'' and inserting ``60% of their working''; in line 6, after the period, by inserting ``The nationally normed test shall be selected on or before July 30, 1998, and shall be administered for the first time after October 15, 1998. Administration of the test statewide shall be accomplished within a compressed time frame, not exceeding 30 days, to ensure valid comparability. The information required to be provided school district boards pursuant to this subsection shall be reported for the first time in September of 2000. Such information shall be maintained as public records by boards and shall be open for public inspection at any reasonable time.''; by striking all of lines 28 through 43; On page 4, by striking all of lines 1 through 10; By renumbering sections 3 through 5 as sections 2 through 4, respectively; In the title, in line 13, by striking ``affecting composition of school site councils;''; in line 14, by striking all after the semicolon; in line 15, by striking all before ``amending''; and the bill be passed as amended. The Committee on Environment recommends HB 2204 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2204,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2204 By Committee on Environment AN ACT concerning stormwater runoff; relating to subdivision regulations; amending .A. 12-749 and repealing the existing section.''; and the substitute bill be passed. TOPEKA, KAN., Tuesday, February 25, 1997, 10:00 a.m. (Sub. HB 2204 was thereupon introduced and read by title.) The Committee on Environment recommends HB 2226 be amended on page 1, in line 36, by striking all following ``materials''; in line 37, by striking all preceding the period; On page 3, in line 38, by striking ``covering'' and inserting ``or floor coverings''; in line 40, by striking all following ``materials''; in line 41, by striking all preceding the third comma February 25, 1997 275 and inserting ``, nonasbestos insulation and construction related packaging. ``Construction and demolition waste'' shall not include waste material containing friable asbestos, garbage``; On page 4, in line 14, following ``plant'' by inserting ``or is not beneficially used in a manner that meets the definition of recyclables''; also in line 14, by striking ``, mining'' and inserting ``: Mining''; in line 15, by striking ``bentification'' and inserting ``beneficiation''; in line 18, following ``kiln'' by inserting ``dust;''; in line 19, by striking all following the period; by striking all of line 20; following line 22, by inserting: ``(z) ''Household hazardous waste facility`` means a facility established for the purpose of collecting, accumulating and managing household hazardous waste and may also include small quantity generator waste or agricultural pesticide waste, or both. Household hazardous wastes are consumer products that when discarded exhibit hazardous characteristics. (aa) ``Waste-to-energy facility'' means a facility that processes solid waste to produce energy or fuel. (bb) ``Transfer station'' means any facility where solid wastes are transferred from one vehicle to another or where solid wastes are stored and consolidated before being transported elsewhere, but shall not include a collection box provided for public use as a part of a county-operated solid waste management system if the box is not equipped with compaction mechanisms or has a volume smaller than 20 cubic yards. (cc) ``Municipal solid waste landfill'' means a solid waste disposal area where residential waste is placed for disposal. A municipal solid waste landfill also may receive other nonhazardous wastes, including commercial solid waste, sludge and industrial solid waste. (dd) ``Construction related packaging'' means small quantities of packaging wastes that are generated in the construction, remodeling or repair of structures and related appurtenances. ``Construction related packaging'' does not include packaging wastes that are generated at retail establishments selling construction materials, chemical containers generated from any source or packaging wastes generated during maintenance of existing structures.''; On page 5, in line 32, preceding the period by inserting ``or public hearing''; On page 6, by striking all of lines 36 through 39; On page 7, in line 31, by striking ``No'' and inserting ``Except as otherwise provided by section 5, no''; in line 34, by striking ``or other approval''; On page 11, following line 25, by inserting the following: ``New Sec. 5. (a) The secretary may authorize persons to carry out the following activities without a solid waste permit issued pursuant to K.S.A. 65-3407, and amendments thereto: (1) Dispose of solid waste at a site where the waste has been accumulated or illegally dumped. Disposal of some or all such waste must be identified as an integral part of a site cleanup and closure plan submitted to the department by the person responsible for the site. No additional waste may be brought to the site following the department's approval of the site cleanup and closure plan. (2) Perform temporary projects to remediate soils contaminated by organic constituents capable of being reduced in concentration by biodegradation processes or volatilization, or both. Soil to be treated may be generated on-site or off-site. A project operating plan and a site closure plan must be submitted to the department as part of the project approval process. (b) The secretary shall consider the following factors when determining eligibility for an exemption to the solid waste permitting requirements under this section: (1) Potential impacts to human health and the environment. (2) Urgency to perform necessary work compared to typical permitting timeframes. (3) Costs and impacts of alternative waste handling methods. (4) Local land use restrictions. (5) Financial resources of responsible parties. (6) Technical feasibility of proposed project. (7) Technical capabilities of persons performing proposed work. (c) The secretary may seek counsel from local government officials prior to exempting activities from solid waste permitting requirements under this section. 276 JOURNAL OF THE HOUSE Sec. 6. K.S.A. 65-3409 is hereby amended to read as follows: 65-3409. (a) It shall be unlawful for any person to: (1) Dispose of any solid waste by open dumping, but this provision shall not prohibit: (A) The use of solid wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health; or (B) an individual from dumping or depositing solid wastes resulting from such individual's own residential or agricultural activities onto the surface of land owned or leased by such individual when such wastes do not create a public nuisance or adversely affect the public health or the environment. (2) Except as otherwise provided by section 5, construct, alter or operate a solid waste storage, processing or disposal facility or area of a solid waste management system without a permit ~~or other approval from the secretary~~ or be in violation of the rules and regulations, standards or orders of the secretary. (3) Violate any condition of any permit issued under K.S.A. 65-3407, and amendments thereto. (4) Conduct any solid waste burning operations in violation of the provisions of the Kansas air quality act. (5) Store, collect, transport, process, treat or dispose of solid waste contrary to the rules and regulations, standards or orders of the secretary or in such a manner as to create a public nuisance. (6) Refuse or hinder entry, inspection, sampling and the examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and gives notice of their purpose. (7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A. 65-3424b or K.S.A. 65-3424i, and amendments thereto. (b) No person shall be held responsible for failure to secure a permit under the provisions of this section for the dumping or depositing of any solid waste on land owned or leased by such person without such person's expressed or implied consent, permission or knowledge. (c) Any person who violates any provision of subsection (a) shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished as provided by law.''; And by renumbering sections accordingly; On page 12, in line 32, by striking ``an''; in line 33, by striking ``approved'' and inserting ``a''; also in line 33, following ``plan'' by inserting ``approved by the secretary''; On page 16, in line 42, following the semicolon, by inserting ``and''; by striking all of line 43; On page 17, by striking all of lines 1 and 2; in line 3, by striking ``(6)'' and inserting ``(5)''; On page 19, in line 13, preceding ``65-3415'' by inserting ``65-3409,''; On page 1, in the title, in line 11, preceding ``65-3415'' by inserting ``65-3409,''; and the bill be passed as amended. The Committee on Environment recommends HB 2331 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2331,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2331 By Committee on Environment ``AN ACT concerning solid waste; relating to issuance of certain permits; amending K.S.A. 1996 Supp. 65-3407 and repealing the existing section.''; and the substitute bill be passed. (Sub. HB 2331 was thereupon introduced and read by title.) The Committee on Federal and State Affairs recommends HB 2025 be amended on page 1, in line 25, by striking ``an'' and inserting ``a''; in line 35, by striking all before the period and inserting ``class A nonperson misdemeanor''; and the bill be passed as amended. The Committee on Utilities recommends HB 2332 be amended on page 2, in line 16, by striking ``, unless the''; by striking all of lines 17 through 24; in line 25, by striking ``carriers''; in line 30, after the period, by inserting ``''Gas gathering services`` does not include the gathering of natural gas by an owner or operator of a well or wells connected to the owner's or operator's own gathering facilities, if the owner or operator does not hold such February 25, 1997 277 facilities out for hire on or after the effective date of this act.''; in line 34, after ``of'' by inserting ``the following with regard to contracts entered into or renewed on or after July 1, 1997''; in line 35, after ``wellhead'' by inserting ``, if the person purchases natural gas at the wellhead''; in line 37, by striking all after ``person''; in line 38, by striking all before the semicolon; in line 42, after the period, by inserting ``The commission shall not be required to analyze, publish or disseminate such rates, schedules and data except to the extent otherwise required by law.''; On page 3, in line 26, by striking ``an application'' and inserting ``a complaint''; in line 34, by striking ``and''; in line 36, after ``5'' by inserting ``; and (6) a copy of the analysis of the complainant's natural gas, including the nitrogen, carbon dioxide, hydrogen sulfide, water and other contaminant content; the amount of volume; and the amount of pressure``; On page 4, after line 18, by inserting the following: ``(g) The commission may order any party to a proceeding pursuant to this section to reimburse all or any part of the reasonable expenses, including reasonable attorney fees, incurred by any other party or parties to the proceeding.''; Also on page 4, in line 23, by striking all after the second period; by striking all of lines 24 through 27; in line 28, by striking ``(b)''; and the bill be passed as amended. The Committee on Utilities recommends HB 2381 be amended on page 2, in line 20, before ``water'' by inserting ``privately owned and operated''; in line 24, by striking the comma; also in line 24, by striking ``regular'' and inserting ``regulate''; in line 29, before ``water'' by inserting ``privately owned and operated''; in line 34, before ``water'' by inserting ``privately owned and operated''; 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 bill was introduced and read by title: HB 2503, An act relating to certain electric public utilities; concerning the regulation and taxation thereof; amending K.S.A. 66-104 and 79-5a01 and repealing the existing sections, by Committee on Taxation. On motion of Rep. Jennison, the House recessed until 3:00 p.m. _____________________ AFTERNOON SESSION The House met pursuant to recess with Speaker pro tem Wagle in the chair. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Allen in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Allen, Committee of the Whole report, as follows, was adopted: Recommended that HB 2064 be passed. On motion of Rep. Powell HB 2315 be amended on page 1, in line 22, by striking ``or''; in line 28, by striking the period and inserting ``; or''; following line 28, by inserting: `` (5) expenses incurred in the purchase and mailing of greeting cards to voters and constituents.''; Also, on motion of Rep. Sloan to amend HB 2315, the motion did not prevail. Also, on motion of Rep. Edmonds to amend, the motion did not prevail. Also, on motion of Rep. Helgerson HB 2315 be amended on page 2, following line 14, by inserting: ``Sec. 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-4148. (a) Every treasurer shall file a report prescribed by this section. Reports filed by treasurers for candidates for state office, other than officers elected on a state-wide basis, shall be filed in both the office of the secretary of state and in the office of the county election officer of the county in which the candidate is a resident. Reports filed by treasurers for candidates for statewide office shall be filed only with the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the candidate is a resident. Except as otherwise provided by subsection (h), all such reports shall be filed in time to be received in the offices required on or before each of the following days: (1) The eighth day preceding the primary election, which report shall be for the period beginning on January 1 of the election year for the office the candidate is seeking and ending 12 days before the primary election, inclusive; (2) the eighth day preceding a general election, which report shall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive; (3) January 10 of the year after an election year, which report shall be for the period beginning 11 days before the general election and ending on December 31, inclusive; (4) for any calendar year when no election is held, a report shall be filed on the next January 10 for the preceding calendar year; ~~except that the report filed January 10, 1990, shall include in addition to calendar year 1989 the month of December 1988;~~ (5) a treasurer need only file the annual report required by subsection (4) for those years when the candidate is not participating in a primary or general election. (b) Each report required by this section shall state: (1) Cash on hand on the first day of the reporting period; (2) the name and address of each person who has made one or more contributions in an aggregate amount or value in excess of $50 during the election period together with the amount and date of such contributions, including the name and address of every lender, guarantor and endorser when a contribution is in the form of an advance or loan; (3) the aggregate amount of all proceeds from bona fide sales of political materials such as, but not limited to, political campaign pins, buttons, badges, flags, emblems, hats, banners and literature; (4) the aggregate amount of contributions for which the name and address of the contributor is not known; (5) each contribution, rebate, refund or other receipt not otherwise listed; (6) the total of all receipts; (7) the name and address of each person to whom expenditures have been made in an aggregate amount or value in excess of $50, with the amount, date, and purpose of each and the names and addresses of all persons to whom any loan or advance has been made; when an expenditure is made by payment to an advertising agency, public relations firm or political consultants for disbursement to vendors, the report of such expenditure shall show in detail the name of each such vendor and the amount, date and purpose of the payments to each; (8) the name and address of each person from whom an in-kind contribution was received or who has paid for personal services provided without charge to or for any candidate, candidate committee, party committee or political committee, if the contribution is in excess of $50 and is not otherwise reported under subsection (b) (7), and the amount, date and purpose of the contribution; (9) the aggregate of all expenditures not otherwise reported under this section; ~~and~~ (10) the name and address of each candidate for state or local office for whom an independent expenditure has been made in an aggregate amount or value in excess of $50, with the amount, date and purpose of each. The provisions of this subsection apply to political committees and party committees; and ~~(10)~~ (11) the total of expenditures. (c) Treasurers of candidates and of candidate committees shall be required to itemize, as provided in subsection (b) (2), only the purchase of tickets or admissions to testimonial events by a person who purchases such tickets or admissions in an aggregate amount or value in excess of $50 per event, or who purchases such a ticket or admission at a cost exceeding $25 per ticket or admission. All other purchases of tickets or admissions to testimonial events shall be reported in an aggregate amount and shall not be subject to the limitations specified in K.S.A. 25-4154 and amendments thereto. (d) If a contribution or other receipt from a political committee is required to be reported under subsection (b), the report shall include the full name of the organization with which the political committee is connected or affiliated or, name or description sufficiently describing the affiliation or, if the committee is not connected or affiliated with any one organization, the trade, profession or primary interest of contributors of the political committee. (e) The commission may require any treasurer to file an amended report for any period for which the original report filed by such treasurer contains material errors or omissions, and notice of the errors or omissions shall be part of the public record. The amended report shall be filed within 30 days after notice by the commission. (f) The commission may require any treasurer to file a report for any period for which the required report is not on file, and notice of the failure to file shall be part of the public record. Such report shall be filed within five days after notice by the commission. (g) For the purpose of any report required to be filed pursuant to subsection (a) by the treasurer of any candidate seeking nomination by convention or caucus or by the treasurer of the candidate's committee or by the treasurer of any party committee or political committee of which the primary purpose is supporting or opposing the nomination of any such candidate, the date of the convention or caucus shall be considered the date of the primary election. (h) If a report is sent by certified or registered mail on or before the day it is due, the mailing shall constitute receipt by that office. Sec. 3. K.S.A. 25-4172 is hereby amended to read as follows: 25-4172. (a) Except as provided by subsection (b), any combination of three or more individuals or a person other than an individual, not domiciled in this state, which makes or intends to make a contribution or contributions to a candidate, candidate committee, party committee or political committee in this state shall either: (1) Prepare a verified statement containing: (A) The names and addresses of the responsible individuals; (B) the name and address of each person who has made one or more contributions to such out-of-state combination of individuals or person other than an individual in an aggregate amount in excess of $50 within the preceding 12 months, together with the amount and date of such contributions; and (C) the aggregate amount of all other contributions to such out-of-state combination of individuals or person other than an individual within the preceding 12 months. Such statement shall be filed in the office of the secretary of state at the times prescribed for the filing of reports of treasurers by K.S.A. 254148, and amendments thereto; or (2) file a statement of organization as provided by K.S.A. 25-4145, and amendments thereto, establish a separate fund for the purpose of receiving contributions and making expenditures relating to any election for state office in this state and file statements and reports involving such fund in the manner provided by K.S.A. 25-4148, and amendments thereto, for political committees and party committees. Any transfer from another fund to the separate fund herein provided for shall be subject to the requirements of provision (1). (b) The provisions of subsection (a) shall not apply to: (1) ~~Any political party having a national organization which reports under federal law; (2)~~ A bona fide corporation organized under the laws of another state; or ~~(3)~~ (2) a union, if the contribution is made from union funds. (c) Each combination of individuals or person other than an individual which is subject to this section shall maintain, in its own records, the name and address of any person who has made one or more contributions to such combination of individuals or person other than an individual, together with the amount and date of such contributions, regardless of whether such information is required to be reported.''; By renumbering sections 2 and 3 as sections 4 and 5; Also on page 2, in line 15, before ``K.S.A.'' by inserting ``K.S.A. 25-4148 and 25-4172 and''; also in line 15, by striking ``is'' and inserting ``are''; In the title, in line 9, before ``relating'' by inserting ``relating to certain reports;''; in line 10, before ``K.S.A.'' by inserting ``K.S.A. 25-4148 and 25-4172 and''; also in line 10, by striking ``section'' and inserting ``sections''; and HB 2315 be passed as amended. HB 2133 be passed over and retain a place on the calendar. On motion of Rep Alldritt to amend HB 2143, the motion did not prevail. Also, on motion of Rep. Shore to amend, the motion did not prevail. Also, on motion of Rep. O'Neal to amend HB 2143, Rep. O'Neal requested the question be divided. The question was divided. Roll call was demanded on Part A on page 1, in line 18, by striking ``$500,000'' and inserting ``: (1) $100,000, if the personal representative of the deceased maintains a personal injury cause of action, and costs; or (2) $250,000, if this wrongful death action is the only cause of action the personal representative of the deceased maintains,''; in line 26, by striking ``of''; On roll call, the vote was: Yeas 55; Nays 66; Present but not voting 0; Absent or not voting 3. Yeas: Allen, Aurand, Ballou, Beggs, Boston, Compton, Cox, Dahl, Donovan, Dreher, Edmonds, Empson, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Hayzlett, Holmes, Horst, Huff, Hutchins, Jennison, Johnson, Kejr, Landwehr, Lloyd, P. Long, Mason, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Palmer, J. Peterson, Powell, Presta, Schwartz, Shore, Shultz, Sloan, Stone, Tanner, Toplikar, Vining, Wagle, Weber, Wells, Wilk, Wilson. Nays: Adkins, Alldritt, Ballard, Benlon, Bradley, Burroughs, Campbell, Carmody, Correll, Crow, Dillon, Faber, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Howell, Humerickhouse, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, Mays, McClure, McKechnie, Minor, Nichols, O'Connor, Packer, Pauls, E. Peterson, Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Showalter, Shriver, Spangler, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Welshimer, Wempe. Present but not voting: None. Absent or not voting: Dean, Phill Kline, Mayans. Part A of the motion of Rep. O'Neal did not prevail. Also, Part B of the motion did not prevail. Also, roll call was demanded on the motion of Rep. O'Neal to amend on Part C Sec. 2. K.S.A. 60-1904 is hereby amended to read as follows: 60-1904. (a) Nonpecuniary damages may be recovered for, but are not limited to: (1) Mental anguish, suffering or bereavement; (2) loss of society, companionship, comfort or protection; (3) loss of marital care, attention, advice or counsel; (4) loss of filial care or attention; and (5) loss of parental care, training, guidance or education~~; and~~. ~~(6) reasonable funeral expenses for the deceased.~~ (b) If no probate administration for the estate of the deceased has been commenced, expenses for the care of the deceased which resulted from the wrongful act may also be recovered by any one of the heirs who paid or became liable for them. Those expenses and any amount recovered for reasonable funeral expenses shall not be included in the limitation of K.S.A. 60-1903 and amendments thereto. On roll call, the vote was: Yeas 49; Nays 71; Present but not voting 0; Absent or not voting 4. Yeas: Allen, Aurand, Beggs, Boston, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Empson, Faber, Flower, Franklin, Freeborn, Geringer, Gilmore, Hayzlett, Holmes, Howell, Hutchins, Jennison, Johnson, Kejr, Landwehr, Lloyd, P. Long, Mason, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Packer, Palmer, J. Peterson, Pottorff, Powell, Presta, Schwartz, Shultz, Tanner, Toplikar, Vining, Wagle, Weber, Wells, Wilson. Nays: Adkins, Alldritt, Ballard, Ballou, Benlon, Burroughs, Carmody, Correll, Cox, Crow, Dean, Dillon Farmer, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Horst, Huff, Humerickhouse, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, Mays, McClure, McKechnie, McKinney, Minor, Nichols, O'Connor, Pauls, E. Peterson, Phelps, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore, Showalter, Shriver, Spangler, Stone, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Welshimer, Wempe, Wilk. Present but not voting: None. Absent or not voting: Bradley, Phill Kline, Mayans, Sloan. The motion of Rep. O'Neal to amend HB 2143 on Part C did not prevail. Also, on motion to amend on Part D, the motion did not prevail. Also, on motion to amend on Part E, the motion did not prevail. Also, on motion of Rep. Shore to amend HB 2143, the motion did not prevail, and the bill be passed. REPORTS OF STANDING COMMITTEES The Committee on Business, Commerce and Labor recommends HB 2462 be amended on page 2, in line 24, after ``telemarketer'' by inserting ``, supplier or both''; in line 25, by striking ``the telemarketer's'' and inserting ``a supplier's''; in line 27, by striking ``telemarketer'' and inserting ``supplier''; in line 29, by striking ``the telemarketer's'' and inserting ``a supplier's''; in line 39, by striking ``telemarketer'' and inserting ``supplier''; On page 3, in line 20, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 22, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 26, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 27, by striking ``TELEMARKETER'S'' and inserting ``SUPPLIER'S''; in line 29, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 32, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 33, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 40, by striking ``TELEMARKETER'' and inserting ``SUPPLIER''; in line 42, by striking ``TELEMARKETER's'' and inserting ``SUPPLIER's''; On page 4, in line 19, by striking ``it shall be unlawful for any telemarketer to'' and inserting ``A supplier shall not''; in line 27, by striking ``it shall be unlawful for any telemarketer to'' and inserting ``A supplier shall not''; in line 32, by striking ``It shall be unlawful for any telemarketer to'' and inserting ``A supplier''; in line 33, by striking ``fail to'' and inserting ``shall''; after line 35, by inserting: `` (6) Violations of subsections (b) (1) through (b) (5) shall be deemed deceptive acts and practices as defined by K.S.A. 50-626, and amendments thereto.''; and the bill be passed as amended. The Committee on Judiciary recommends HB 2422 be passed. The Committee on Judiciary recommends HB 2041 be amended on page 1, by striking all in lines 14 through 43; By striking all of page 2; On page 3, by striking all in lines 1 through 4 and inserting in lieu thereof the following: ``Section 1. K.S.A. 60-1103a is hereby amended to read as follows: 60-1103a. (a) As used in this section, ``improvement of residential property'' means: (1) Improvement of a preexisting structure in which the owner resides at the time the claimant first furnishes labor, equipment, material or supplies and which is not used or intended for use as a residence for more than two families or for commercial purposes or improvement or construction of any addition, garage, fence, swimming pool, outbuilding or other improvement appurtenant to such a structure; or (2) any construction upon real property which is (A) owned or acquired by an individual at the time the claimant first furnishes labor, equipment, material or supplies; (B) intended to become and does become the principal personal residence of that individual upon completion; and (C) not used or intended for use as a residence for more than two families or for commercial purposes. (b) A lien for the furnishing of labor, equipment, materials or supplies for the improvement of residential or nonresidential property may be claimed pursuant to K.S.A. 60-1103 and amendments thereto only if the claimant has: (1) Mailed to any one of the owners of the property a warning statement conforming with this section; or (2) in the claimant's possession a copy of a statement signed and dated by any one owner of the property stating that the general contractor or the claimant had given the warning statement conforming with this section to one such owner of the property. (c) The warning statement provided for by this section, to be effective, shall contain substantially the following statement: ``Notice to owner: (name of supplier or subcontractor) is a supplier or subcontractor providing materials or labor on Job No. ______ at (residence address) under an agreement with (name of contractor). Kansas law will allow this supplier or subcontractor to file a lien against your property for materials or labor not paid for by your contractor unless you have a waiver of lien signed by this supplier or subcontractor. If you receive a notice of filing of a lien statement by this supplier or subcontractor, you may withhold from your contractor the amount claimed until the dispute is settled.'' (d) The warning statement provided for by this section shall not be required if the claimant's total claim does not exceed $250. Sec. 2. K.S.A. 1996 Supp. 60-1103b is hereby amended to read as follows: 60-1103b. (a) As used in this section, ``new residential property'' means a new structure which is constructed for use as a residence and which is not used or intended for use as a residence for more than two families or for commercial purposes. ``New residential property'' does not include any improvement of a preexisting structure or construction of any addition, garage or outbuilding appurtenant to a preexisting structure. (b) A lien for the furnishing of labor, equipment, materials or supplies for the construction of new residential or nonresidential property may be claimed pursuant to K.S.A. 601103 and amendments thereto after the passage of title to such new residential or nonresidential property to a good faith purchaser for value only if the claimant has filed a notice of intent to perform prior to the recording of the deed effecting passage of title to such new residential or nonresidential property. Such notice shall be filed in the office of the clerk of the district court of the county where the property is located. (c) The notice of intent to perform and release thereof provided for in this section, to be effective, shall contain substantially the following statement, whichever is applicable: NOTICE OF INTENT TO PERFORM ``I __________________________ (name of supplier, subcontractor or contractor) of __________________________ (address of supplier, subcontractor or contractor) do hereby give public notice that I am a supplier, subcontractor or contractor or other person providing materials or labor on property owned by ____________ and having the legal (name of property owner) description as follows: .'' RELEASE OF NOTICE OF INTENT TO PERFORM No. ____________ AND WAIVER OF LIEN ``I ____________ (name of supplier, subcontractor or contractor) of (address of supplier, subcontractor or contractor) do hereby acknowledge that I filed notice of intent to perform no. ______ covering property owned by (name of property owner) and having the legal description as follows: In consideration of the sum of $____________, the receipt of which is hereby acknowledged, I hereby direct the clerk of the district court of ____________, Kansas to release the subject notice of intent to perform and do hereby waive and relinquish any statutory right to a lien for the furnishing of labor, equipment, materials or supplies to the above-described real estate under the statutes of the state of Kansas.'' (d) When any claimant who has filed a notice of intent to perform has been paid in full, such claimant shall be required to file in the office in which the notice of intent to perform was filed, and to pay any requisite filing fee, a release of such notice and waiver of lien which shall be executed by the claimant, shall identify the property as set forth in the notice of intent to perform, and state that it is the intention of the claimant to waive or relinquish any statutory right to a lien for the furnishing of labor or material to the property. Upon such filing, the notice of intent to perform previously filed by such claimant shall be of no further force or effect, and such claimant's right to a lien under K.S.A. 60-1101 and 601103, and amendments thereto, shall be extinguished. (e) Any owner of the real estate upon which a notice of intent to perform has been filed, or any owner's heirs or assigns, or anyone acting for such owner, heirs or assigns, and after payment in full to the claimant, may make demand upon the claimant filing the notice of intent to perform, for the filing of a release of the notice and waiver of lien as provided for in subsection (d), unless the same has expired by virtue of the provisions set forth in subsection (f). (f) Notwithstanding the requirements of subsections (d) and (e), a notice of intent to perform shall be of no further force or effect after the expiration of 18 months from the date of filing the same, unless within such time the claimant has filed a lien pursuant to K.S.A. 60-1101 and 60-1103, and amendments thereto.''; And by renumbering sections accordingly; Also on page 3, in line 5, by striking ``60-1102 and 60-1103'' and inserting ``60-1103a and K.S.A. 1996 Supp. 60-1103b''; On page 1, in the title, in line 10, by striking ``60-1102 and 60-1103'' and inserting ``601103a and K.S.A. 1996 Supp. 60-1103b''; and the bill be passed as amended. The Committee on Judiciary recommends HB 2059 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2059,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2059 By Committee on Judiciary ``AN ACT concerning digital signatures.''; and the substitute bill be passed. (Sub. HB 2059 was thereupon introduced and read by title.) The Committee on Judiciary recommends HB 2264 be amended on page 3, in line 8, by striking ``The'' and inserting ``In any transaction regarding the sale or lease of real estate other than commercial property or residential property of more than four units, the''; in line 22, following `` (g)'', by inserting the following: `` (1) Except as provided in subsection (g) (2), in any transaction regarding the sale or lease of commercial property or residential property of more than four units, the following information may be disclosed by a transaction broker unless prohibited by the parties: (A) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property; (B) that a seller or landlord is willing to accept less than the asking price or lease rate for the property; (C) what the motivating factors are for any party buying, selling or leasing the property; or (D) that a seller, buyer, landlord or tenant will agree to financing terms other than those offered. (2) Any information or personal confidences about a party to the transaction which might place the other party at an advantage over the party shall not be disclosed unless the disclosure is required by law or failure to disclose such information would constitute fraudulent misrepresentation. (h)''; By relettering remaining subsections accordingly; On page 31, in line 13, by striking ``not'' and inserting ``nor''; in line 24, by striking ``any'' and inserting ``such''; in line 28, by striking ``rules and regulations'' and inserting ``statutes''; On page 32, in line 6, by striking ``an annual'' and inserting ``a two-year''; On page 37, in line 24, by striking all after the stricken material; by striking all in lines 25 through 27; in line 28, by striking `` (c)''; On page 39, in line 33, before the semicolon, by inserting ``or acts as a transaction broker''; in line 38, before the period, by inserting ``or acts as a transaction broker''; On page 51, in line 26, by striking ``even when the property is subject to a contract sale'' and inserting ``when such offer is received prior to the closing of the sale unless the seller instructs the broker in the agency agreement not to submit offers after an offer has been accepted by the seller''; On page 56, in line 7, before the semicolon, by inserting ``when such offer is received prior to the closing of the sale unless the buyer instructs the broker in the agency agreement not to submit offers after the client enters into a purchase contract''; On page 63, in line 5, by striking ``or lease''; On page 64, in line 1, by striking ``transmission'' and inserting ``transaction''; On page 66, in line 17, after ``Supp.'', by inserting ``58-30,101, as revived by section 22 of this act, and''; in line 25, by striking ``revived'' where it appears for the first time and inserting ``amended''; 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 bill was introduced and read by title: HB 2504, An act concerning microbreweries; amending K.S.A. 1996 Supp. 41-308b and repealing the existing section, by Committee on Federal and State Affairs. REPORT ON ENGROSSED BILLS HB 2010, 2031, 2170, 2202, 2243, 2314, 2348, 2374 reported correctly engrossed February 24, 1997. On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, February 26, 1997. ___________________________________________________________________________ CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+