J o u r n a l o f t h e H o u s e THIRTY-NINTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Monday, March 10, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. Prayer by Chaplain Washington: Heavenly Father, Thank You for keeping us through another weekend. Thank You for having sustained things here and at home during our absence. Lord, as the people of this state turn to us in these high places for assistance, we turn to You in the Highest of Places. As they look to us for help, we look to You. As they depend on us, not to let them down, we depend on You. According to Your Word, in Romans 13:1, all authority and power comes from You. Therefore as the writer of Hebrews boldly declared in 13:6, we can boldly exclaim before others, that all our help comes from You. Please keep us in Your care and guide us in our steps. I come to You in the Name of Jesus, Amen and Amen. COMMUNICATIONS FROM STATE OFFICERS To all to whom these presents shall come, Greetings: I, Ron Thornburgh, Secretary of State of the State of Kansas, do hereby certify that Dave P. Gregory, Wichita, was appointed by the Governor effective March 10, 1997, for the unexpired term, State Representative for the 94th Representative District, to fill the vacancy created by the resignation of Leslie D. ``Les'' Donovan, Sr. In Testimony Whereof: I hereto set my hand and cause to be affixed my official seal. Done at the City of Topeka this 10th day of March, A.D. 1997. Ron Thornburgh Secretary of State Speaker Shallenburger introduced Dave Gregory, who will now represent the 94th Representative District. The roll was called with 120 members present. Reps. Carmody, Feuerborn, Helgerson, Presta and Wagle were excused on excused absence by the Speaker. Present later: Rep. Helgerson. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Calendar and Printing: HB 2516. Education: HCR 5021. Governmental Organization and Elections: HB 2515. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2105, An act relating to taxation; enacting the Kansas tax equity and fairness act of 1997; amending K.S.A. 12-1678a, 19-430, 77-548, 79-6a02, 79-1701a, 79-1702, 79-2002, 79 386 JOURNAL OF THE HOUSE 2969, 79-3230, 79-3268 and K.S.A. 1996 Supp. 74-2438, 77-549, 77-550, 79-201a, 79-213, 79-332a, 79- 412, 79-1422, 79-1427a, 79-1575, 79-2001, 79-2004, 79-2004a, 79-2005, 792968, 79-3226, 79-32,105, 79-32,107, 79-3420, 79-3606, 79-3609, 79-3610, 79-3615, 794226 and 79-5109 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 0; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed, as amended. HB 2149, An act concerning state surplus property; relating to procedures for the disposition thereof; amending K.S.A. 1996 Supp. 75-6602 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 118; Nays 2; Present but not voting 0; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, 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, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Dahl, Howell. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed. SB 2, An act relating to agricultural ethyl alcohol; concerning the expiration date for the agricultural ethyl alcohol incentive program; amending K.S.A. 1996 Supp. 79-34,164 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 117; Nays 3; Present but not voting 0; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, March 10, 1997 387 Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Phill Kline, Powers. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed. SB 17, An act concerning school districts; authorizing the enrollment therein of nonresident pupils; relating to school buses; concerning the definition thereof; amending K.S.A. 72-8301, 72-8303 and 73-8309 and K.S.A. 1996 Supp. 72-8302 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 103; Nays 16; Present but not voting 1; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Dean, Dillon, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, Mayans, Mays, McClure, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Weber, Welshimer, Wempe, Wilk, Wilson. Nays: Crow, Dahl, Dreher, Haley, Henderson, Henry, Landwehr, Lloyd, Mason, McCreary, McKechnie, Powers, Swenson, Tomlinson, Weiland, Wells. Present but not voting: P. Long. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed, as amended. SB 45, An act relating to credit unions; determining a quorum for meetings; concerning loans to directors; amending K.S.A. 17-2207 and 17-2216a and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 0; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed. SB 46, An act relating to credit unions; concerning foreign credit unions; amending K.S.A. 17-222a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 0; Absent or not voting 5. 388 JOURNAL OF THE HOUSE Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed. SB 88, An act relating to unclaimed contents of safety deposit boxes upon death of lessee; amending K.S.A. 1996 Supp. 9-1504 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 0; Absent or not voting 5. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, 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, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Carmody, Feuerborn, Helgerson, Presta, Wagle. The bill passed. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Kejr in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Kejr, Committee of the Whole report, as follows, was adopted: Recommended that committee report to HB 2159 be adopted; also, on motion of Rep. Lloyd be amended on page 6, in line 31, by striking ``section'' and inserting ``act''; On page 9, in line 10, after ``senate'' by inserting ``minority''; Also, on motion of Rep. Sloan HB 2159 be amended on page 3, in line 40, by striking all after ``act''; by striking all of lines 41 and 42; in line 43, by striking all before ``under'' and inserting ``shall submit to the bureau every two years, in the manner and at the time specified by the bureau, evidence satisfactory to the bureau that the licensee has satisfactorily completed within the preceding 12-month period a weapons safety and training course approved by the bureau''; On page 6, in line 3, by striking ``requalification'' and inserting ``completion of a weapons safety and training course''; Also, on motion of Rep. Garner to amend HB 2159, the motion did not prevail. March 10, 1997 389 Also, roll call was demanded on motion of Rep. Larkin to amend HB 2159 on page 1, in line 21, by striking ``17'' and inserting ``18''; in line 26, by striking ``1998'' and inserting ``1999''; in line 40, by striking ``1998'' and inserting ``1999''; On page 5, in line 14, by striking all after ``application''; by striking all of line 15; in line 16, by striking all before ``within''; in line 17, by striking all after ``(b)''; in line 18, by striking all before the period; On page 7, after line 7, by inserting: ``(l) in any county where the carrying of such weapon is not authorized pursuant to section 3;''; Also on page 7, by relettering the remaining subsections accordingly; after line 26, by inserting: ``New Sec. 13. (a) The board of county commissioners of each county shall submit to the qualified electors of the county at the state primary election in 1998 a proposition to allow the carrying of concealed weapons within the county by persons licensed pursuant to this act. (b) The county election officer shall cause the following proposition to be placed on the ballot at the state primary election in 1998: ``Shall licensed persons be allowed to carry concealed weapons within ______ county?'' (c) If a majority of the votes cast and counted is in favor of allowing licensed persons to carry concealed weapons in the county, a license issued pursuant to this act shall authorize the licensee to carry a concealed weapon in the county. If a majority of the votes cast and counted is opposed to allowing licensed persons to carry concealed weapons in the county, a license issued pursuant to this act shall not authorize the licensee to carry a concealed weapon in the county. (d) The election provided for by this section shall be conducted, and the votes counted and canvassed, in the manner provided by law for question submitted elections of the county.''; By renumbering the remaining sections accordingly; On roll call, the vote was: Yeas 50; Nays 68; Present but not voting 0; Absent or not voting 7. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Benlon, Boston, Campbell, Correll, Crow, Dillon, Edmonds, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Henderson, Henry, Horst, Huff, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, McKechnie, McKinney, E. Peterson, Phelps, Pottorff, Ray, Reardon, Reinhardt, Samuelson, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Toelkes, Tomlinson, Wells, Welshimer, Wempe. Nays: Aurand, Beggs, Burroughs, Compton, Cox, Dahl, Dean, Dreher, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phill Kline, Landwehr, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson, Powell, Powers, Ruff, Schwartz, Shallenburger, Shore, Shultz, Sloan, Stone, Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Weber, Weiland, Wilk, Wilson. Present but not voting: None. Absent or not voting: Bradley, Carmody, Feuerborn, Helgerson, Nichols, Presta, Wagle. The motion of Rep. Larkin did not prevail. Also, on motion of Rep. Burroughs to amend HB 2159, the motion did not prevail. Also, on motion of Rep. Haley HB 2159 be amended on page 4, in line 5, by deleting the word ``race''; and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Business, Commerce and Labor recommends SB 135 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Business, Commerce and Labor recommends HB 2298 be amended on page 2, in line 11, after ``For'', by striking ``issuance of a Kansas certificate, including first'' and inserting ``initial''; in line 19, by striking ``, reciprocal''; after line 20, by 390 JOURNAL OF THE HOUSE inserting ``(3) For issuance of a reciprocal certificate an amount not to exceed $250;''; by renumbering the existing subsections accordingly; in line 23, by striking ``(4)'' and inserting ``(5)''; also in line 23, by striking ``(6)'' and inserting ``(7)''; in line 27, by striking ``(6)'' and inserting ``(7)''; and the bill be passed as amended. The Committee on Environment recommends HB 2368 be amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2368,'' as follows: ``SUBSTITUTE FOR HOUSE BILL No. 2368 By Committee on Environment ``AN ACT concerning surface water quality; relating to application of certain stream designations and certain standards; creating the special commission on water quality standards and specifying the membership and functions thereof.''; and the substitute bill be passed. (Sub. HB 2368 was thereupon introduced and read by title.) The Committee on Utilities recommends SB 147, as amended by Senate Committee of the Whole, be amended on page 1, in line 20, by striking all after ``by''; in line 21, by striking all before ``with'' and inserting ``the following information, or the following information shall be calculable from the information provided''; On page 2, after line 4, by inserting: ``Sec. 4. The district courts within this state shall have the jurisdiction to determine damages, interest, court costs, attorney fees or allowable litigation expenses incurred by a party in an action to enforce this act.''; By renumbering section 4 as section 5; and the bill be passed as amended. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2517, An act concerning the Kansas public employees retirement system; relating to purchase of additional benefits; amending K.S.A. 1996 Supp. 74-4936a and repealing the existing section, by Committee on Appropriations. HB 2518, An act making and concerning appropriations for the fiscal year ending June 30, 1997, for the attorney general; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2519, An act concerning state officers and employees; relating to compensation for accumulated sick leave upon separation from state service; amending K.S.A. 75-5517 and repealing the existing section, by Committee on Appropriations. HB 2520, An act creating the joint committee on corrections and juvenile justice oversight; providing for the composition, organization and duties thereof, by Committee on Appropriations. HB 2521, An act concerning cities; relating to the adoption or abandonment of forms of city government; amending K.S.A. 12-184 and repealing the existing section, by Committee on Appropriations. HB 2522, An act concerning underground storage of natural gas; amending K.S.A. 551201, 55-1204, 55-1205 and 55-1210 and repealing the existing sections, by Committee on Appropriations. On motion of Rep. Jennison, the House adjourned until 10:30 a.m., Tuesday, March 11, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+