J o u r n a l   o f   t h e   H o u s e


                            THIRTY-EIGHTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                               TOPEKA, KAN., Friday, March 7, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 118 members present.
  Reps. Ballou, Donovan, Franklin, Freeborn, Phill Kline, Schwartz and Stone
were excused on excused absence by the Speaker.
  Prayer by guest chaplain, the Rev. Gregory D. Durant, New Jerusalem Baptist
Church, Topeka:
     Heavenly Father, how great Thou art; how small we are. How infinite is
   Thy wisdom; how limited is ours. How everlasting Thou art; how brief our
   span. How high and good are thy ways; how selfish and impure are ours.
   Touch us again with Thy transforming power. Thank you for the men and
   women in this room who have committed their lives to service in this
   state. Please give them the wisdom and knowledge needed to conduct the
   business of this day. Through Your spirit make these servants sensitive to
   the needs of the citizens of this state. Bless this meeting with Thy
   Spirit so that the vision of Thy holiness is seen here, the truth
   presented here, the responsibilities realized here, and the covenants
   entered into here may linger on to glorify Thee through Jesus Christ.
   Amen.

PRESENTATION OF PETITIONS

  The following petitions were presented and filed:
  HP 2001, by Rep. Boston, a petition opposing the ``Right To Know''
anti-choice bill, signed by Faye McReynolds and 8 others from Newton.
  HP 2002, by Rep. Boston, a petition opposing Concealed Weapons bills
(SB 21 and HB 2159), signed by Faye McReynolds and 72 others from Newton.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following concurrent resolution was introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5021--
                           By Committee on Education
A CONCURRENT RESOLUTION directing the State Board of Education to define the
components of an essential core curriculum that should be offered to every
elementary and secondary public school student, respectively, regardless of
school size and location, to determine the probable costs of providing that
curriculum, and to make a report thereon to the Education Committees of the
Senate and House of Reprentatives.
  WHEREAS, A public education, consisting of adequate instructional programs,
is considered as essential to the development and well-being of our children,
and the State of Kansas, since statehood, has provided for the financing of
public schools through state taxes and other mechanisms provided by the
Legislature, including local effort; and
  WHEREAS, The Legislature is charged by the Kansas Constitution with the
responsibility of providing for intellectual, educational, vocational and
scientific improvement by establishing and maintaining public schools,
educational institutions and

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related activities which may be organized and changed in such manner as may
be provided by law; and
  WHEREAS, The Legislature is charged by the Kansas Constitution to make
suitable provision for finance of the educational interests of the state; and
  WHEREAS, The Kansas constitution requires that local public schools under
the general supervision of the state board of education shall be maintained,
developed and operated by locally elected boards, which may, when authorized
by law, make and carry out agreements for cooperative operation and
administration of educational programs under the general supervision of the
state board of education, subject to limitation, change or termination by the
Legislature; and
  WHEREAS, The State Board of Education is charged by the Kansas Constitution
with general supervision of the public schools and other educational
interests of the state and shall perform such other duties as may be provided
by law; and
  WHEREAS, The Supreme Court of Kansas has held that the basic mission of the
State Board of Education is to equalize and promote the quality of education
for the students of this state and that the Legislature may enact legislation
to facilitate or assist the State Board in carrying out its constitutional
mission; and
  WHEREAS, The Legislature, in addressing its constitutional charge to
provide suitable funding for public education, has an interest in determining
the components of an essential core curriculum, consisting of adequate
instructional programs, that should be offered in elementary and secondary
public schools in the state, respectively, and determining a suitable State
funding base, meeting the requirements of the Kansas Constitution, for that
essential core curriculum; and
  WHEREAS, The Legislature acknowledges that a quality education encompasses
a variety of instructional programs in addition to those that may be required
at a minimum in order to satisfy the charge in the Kansas Constitution, and
that the funding of those additional programs will continue to be provided by
traditional funding sources, but desires to define the constitutional
boundaries of the funding required by the Kansas Constitution in order to
avoid unnecessary litigation over the funding of public schools in the state;
and
  WHEREAS, The Legislature believes that local school boards should continue
to be authorized to help develop their own additional instructional offerings
and that local effort, consisting of various options, should continue to play
a role in the funding of the variety of educational offerings developed by
the state and local boards: Now, therefore,
  Be it resolved by the House of Representatives of the State of Kansas,
the Senate concurring therein:  That the Legislature, in recognition of
the facts contained in the preamble of this resolution and being aware of the
necessity of having a definition of an essential core curriculum in order to
make suitable provision for the State funding of public educational interests
contemplated by the Kansas Constitution, hereby directs the State Board of
Education to define the components of an essential core curriculum,
consisting of adequate instructional programs, to be available in every
school district in the state; and
  Be it further resolved:  That upon adoption of its definition of an
essential core curriculum and specification of the academic components
thereof, the State Board of Education is hereby directed to collect and
record the costs, sufficiently itemized and with supporting documentation,
that would be incurred, at elementary and secondary school sites of all sizes
and from all parts of the state, in providing that essential core curriculum;
and
  Be it further resolved:  That the State Board of Education is hereby
directed, upon collecting the costs associated with providing the essential
core curriculum, to cause a report thereof, including the identity of the
schools involved in the report, to be delivered to the Education Committees
of the Senate and the House of Representatives at the commencement of the
1998 Session of the Legislature; and
  Be it further resolved:  That the Secretary of State is hereby
directed to transmit enrolled copies of this resolution to the State Board of
Education and to the Commissioner of Education, 120 S.E. 10th Avenue, Topeka,
Kansas 66612-1182.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Appropriations: HB 2512.

                                 March 7, 1997                              381

  Environment: HB 2513.
  Taxation: HB 2514.
  Transportation: HB 2511.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Speaker Shallenburger announced that order of business Final Action on
Bills and Concurrent Resolutions would be passed over today.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Dean in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Dean, Committee of the Whole report, as follows, was
adopted:
  Recommended that SB 88, 2; HB 2149 be passed.
  Committee report to SB 17 be adopted; also, on motion of Rep. Neufeld
be amended on page 2, following line 19, by inserting the following:
  ``New Sec. 2.  (a) As used in this section:
  (1)  ``School district'' means a school district organized and operating
under the laws of this state and no part of which is located in Johnson
county, Sedgwick county, Shawnee county, or Wyandotte county.
  (2)  ``Receiving school district'' means a school district of nonresidence
of a pupil who is enrolled and in attendance at school in such school
district.
  (3)  ``Sending school district'' means a school district of residence of a
pupil who is enrolled and in attendance at school in a school district not of
the pupil's residence.
  (b)  The parent or legal guardian of a pupil authorized or required to
attend kindergarten or any of grades one through 12 may apply to the board of
education of a proposed sending school district on or before July 15 of the
current school year for authority for such pupil to attend school in a
receiving school district if the pupil lives 10 or more miles from the
attendance center the pupil would attend in the proposed sending school
district and nearer to an appropriate attendance center in the proposed
receiving school district. The application shall be made upon forms
prescribed by the state board of education.
  (c)  Upon receiving any application under this section, the board of
education of the proposed sending school district shall inquire of the
proposed receiving school district whether it is willing to receive the pupil
named in the application. If the board of education of the proposed sending
school district determines that the proposed receiving school district is
willing to receive the pupil and that enrollment and attendance of the pupil
at school in the proposed receiving school district is justified, the board
may issue its order authorizing such enrollment and attendance. If the board
of education of the proposed sending school district refuses to issue its
order authorizing such enrollment and attendance, the parent or legal
guardian of the affected pupil may appeal such decision to the state board of
education and the state board shall make conclusive determination of the
matter and shall issue its order either approving or denying such enrollment
and attendance. An order issued by a board of education or the state board of
education in accordance with the provisions of this section shall operate so
as to constitute consent of the board of education of the sending school
district to the furnishing or provision of transportation by the receiving
school district for the affected pupil to school from the pupil's residence
and to the pupil's residence from school.
  (d)  Except as otherwise provided in this act, pupils attending school in a
receiving school district under an order issued by a board of education or
the state board of education in accordance with the provisions of this
section shall be counted as regularly enrolled in and attending school in the
receiving school district for the purpose of computations, except computation
of transportation weighting, under the school district finance and quality
performance act and for the purposes of the statutory provisions contained in
article 83 of chapter 72 of Kansas Statutes Annotated. No such pupil shall be
charged for the costs of attendance at school in a receiving school district.
  Sec. 3.  K.S.A. 1996 Supp. 72-8302 is hereby amended to read as follows:
72-8302. (a) The board of education of a school district may provide or
furnish transportation for pupils who reside are enrolled in the
school district to or from any school of the school district or

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to or from any school of another school district attended by such pupils in
accordance with the provisions of an agreement entered into under authority
of K.S.A. 72-8233, and amendments thereto.
  (b) (1)  When any or all of the conditions specified in this provision
exist, the board of education of a school district shall provide or furnish
transportation for pupils who reside in the school district and who attend
any school of the school district or who attend any school of another school
district in accordance with the provisions of an agreement entered into under
authority of K.S.A. 72-8233, and amendments thereto. The conditions which
apply to the requirements of this provision are as follows:
  (A)  The residence of the pupil is inside or outside the corporate limits
of a city, the school building attended is outside the corporate limits of a
city and the school building attended is more than 2 1/2 miles by the usually
traveled road from the residence of the pupil; or
  (B)  the residence of the pupil is outside the corporate limits of a city,
the school building attended is inside the corporate limits of a city and the
school building attended is more than 2 1/2 miles by the usually traveled
road from the residence of the pupil; or
  (C)  the residence of the pupil is inside the corporate limits of one city,
the school building attended is inside the corporate limits of a different
city and the school building attended is more than 2 1/2 miles by the usually
traveled road from the residence of the pupil.
  (2)  The provisions of this subsection are subject to the provisions of
subsections (c) and   (d).
  (c)  The board of education of every school district is authorized to adopt
rules and regulations to govern the conduct, control and discipline of all
pupils while being transported in school buses. The board may suspend or
revoke the transportation privilege or entitlement of any pupil who violates
any rules and regulations adopted by the board under authority of this
subsection.
  (d)  The board of education of every school district may suspend or revoke
the transportation privilege or entitlement of any pupil who is detained at
school at the conclusion of the school day for violation of any rules and
regulations governing pupil conduct or for disobedience of an order of a
teacher or other school authority. Suspension or revocation of the
transportation privilege or entitlement of any pupil specified in this
subsection shall be limited to the school day or days on which the pupil is
detained at school. The provisions of this subsection do not apply to any
pupil who has been determined to be an exceptional child, except gifted
children, under the provisions of the special education for exceptional
children act.
  Sec. 4.  K.S.A. 72-8303 is hereby amended to read as follows: 72-8303. (a)
The board of education of a school district may prescribe the regular
school routes on which transportation of its students
pupils is to be provided, and shall schedule the school bus and
motor vehicle routes so that each student pupil entitled to
transportation will be transported to and from school on every school day.
  (b)  For the purposes of this section, the term regular school route
means and includes any route arranged by the board of education for
(1) transportation of its pupils to and from the residence of such pupils
in another school district when such pupils are enrolled in the transporting
school district in accordance with an order issued by a board of education or
the state board of education under the provisions of section 2, and
amendments thereto; and   (2) transportation of its students
pupils to and from any school attended in another school district in
accordance with the provisions of an agreement entered into under authority
of K.S.A. 72-8233, and amendments thereto.
  Sec. 5.  K.S.A. 72-8309 is hereby amended to read as follows: 72-8309. (a)
The board of education of a school district shall not furnish or provide
transportation for pupils or students who reside in another school district
except in accordance with the written consent of the board of education of
the school district in which such pupil or student resides, or in
accordance with consent constituted by operation of an order issued by a
board of education or the state board of education under the provisions of
section 2, and amendments thereto, or in accordance with the provisions of
an agreement entered into under authority of K.S.A. 72-8233, and
amendments thereto.

                                 March 7, 1997                              383

  (b)  A school district may transport a nonresident pupil or student if such
pupil or student boards the school bus within the boundaries or on the
boundary of the transporting school district. To the extent that the
provisions of this subsection conflict with the provisions of an agreement
entered into under authority of K.S.A. 72-8233 and amendments thereto, for
the transportation of nonresident pupils or students to and from school
within the transporting school district subsection (a), the
provisions of the agreement subsection (a) shall control.
  (c)  No pupil or student who is furnished or provided transportation by a
school district which is not the school district in which the pupil or
student resides shall be counted in the computation of the school district's
state transportation aid weighting under article 70
64 of chapter 72 of Kansas Statutes Annotated.'';
  And by renumbering sections accordingly;
  Also on page 2, in line 20, by striking ``is'' and inserting ``, 72-8303
and 72-8309 and K.S.A. 1996 Supp. 72-8302 are''; in line 22, by striking
``Kansas register'' and inserting ``statute book'';
  On page 1, in the title, in line 10, following ``ACT'' by inserting
``concerning school districts; authorizing the enrollment therein of
nonresident pupils;''; in line 11, following ``72-8301'' by inserting ``,
72-8303 and 73-8309 and K.S.A. 1996 Supp. 72-8302''; also in line 11, by
striking ``section'' and inserting ``sections''; and SB 17 be passed as
amended.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that
  Request No. 48, by Representative Henderson, congratulating Damian
Rolls for being drafted and signed by the Los Angeles Dodgers organization;
  Request No. 49, by Representative Henderson, congratulating the Rev.
Samuel Mason Young, First Lady Joyce Young, and members of Young Memorial
Church of God in Christ in celebration of the church's 80th anniversary;
  Request No. 50, by Representative Sharp, congratulating the
Metropolitan Avenue Methodist Church in celebration of its 110th anniversary;
  Request No. 51, by Representative Benlon, congratulating Sterling
Tuck for obtaining the rank of Eagle Scout;
  Request No. 52, by Representative Dillon, congratulating Calvin L.
Henderson on his retirement after 42 years of service in the Kansas
Department of Administration--Division of Printing;
  Request No. 53, by Representative McKinney, congratulating Beau
Tillman, wrestling champion at Pratt High School in Class 4A;
  Request No. 54, by Representative Feuerborn, congratulating Justin
Grosdidier, 1997 State Wrestling Champion;
  Request No. 55, by Representative Phelps, congratulating the city of
Hays for earning the prestigious All American City designation in 1996;
be approved and the Chief Clerk of the House be directed to order the
printing of said certificates and order drafting of said resolutions.
  On motion of Rep. Jennison, the committee report was adopted.
  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 2515, An act concerning consolidated cities and counties; relating
to the adoption or abandonment of forms of government, by Committee on
Appropriations.
  HB 2516, An act concerning review of certain state agency projects
and budget estimates by the legislature; relating to certain joint
committees; composition; powers, duties and functions; requiring certain
reports and consultations; amending K.S.A. 46-1701, 46-2101 and 46-2102 and
K.S.A. 1996 Supp. 75-4744 and repealing the existing sections, by Committee
on Appropriations.

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REPORT ON ENROLLED BILLS

  HB 2080 reported correctly enrolled, properly signed and presented to
the governor on March 7, 1997.
  On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday,
March 10, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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