J o u r n a l o f t h e H o u s e FORTY-SECOND DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Thursday, March 13, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker pro tem Wagle in the chair. The roll was called with 124 members present. Rep. Minor was excused on excused absence by the Speaker. Prayer by guest chaplain, the Rev. Lynn McBride, Executive Director, Central Kansas Prison Ministry, El Dorado, and guest of Rep. Mason: Heavenly Father, I come today, to pray over the minds and hearts of the leaders of the State of Kansas. My prayer is for you to teach us, cause us and lead us. Teach us values: to raise our children in homes with Godly truths . . . to educate our children about life . . . to work our jobs for a better society and not just to better ourselves . . . to be responsible over criminals, not just to cage, but to help them become educated, skilled, and productive citizens. Cause us to understand the principles of life. You have created in us a most phenomenal machine, unable to be duplicated . . . and yet we abort life an non-essential. We have people in our state who need jobs, education, and knowledge of parenting . . . instead we give a government donation. Lead us not in the ways of governments before us - those that have risen and fallen-but help us learn from their mistakes and not repeat them. Holy Spirit, lead the hearts of all of us. In Jesus Name - Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2524, An act concerning the Kansas racing and gaming commission; relating to appointment of assistant attorneys general; amending K.S.A. 74-8809 and repealing the existing section, by Committee on Appropriations. HB 2525, An act concerning the workers compensation board; relating to assessments thereby; amending K.S.A. 1996 Supp. 44-566a and repealing the existing section, by Committee on Appropriations. HB 2526, An act concerning the budget law for municipalities and other taxing subdivisions; relating to budget and expenditure information of school districts; amending K.S.A. 79-2927 and repealing the existing section, by Committee on Appropriations. HB 2527, An act concerning the board of governors of the health care stabilization fund; relating to approval by the governor of salaries and other compensation of employees in the unclassified service under the Kansas civil service act, by Committee on Appropriations. 406 JOURNAL OF THE HOUSE HB 2528, An act relating to property taxation; requiring the publication of certain tax levy rates, by Committee on Taxation. HB 2529, An act relating to the financing of school districts; concerning the property tax levy required therefor; amending K.S.A. 1996 Supp. 72-6431 and repealing the existing section; also repealing K.S.A. 1996 Supp. 72-6431a, by Committee on Taxation. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Environment: SB 379. Federal and State Affairs: HCR 5022. Health and Human Services: HB 2523. Taxation: SB 72. MESSAGE FROM THE SENATE The President announced the appointment of Senator Downey as a member of the conference committee on SB 17 to replace Senator Gilstrap. INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 17. Speaker pro tem Wagle thereupon appointed Reps. Hayzlett, Howell and Dillon as conferees on the part of the House. COMMUNICATIONS FROM STATE OFFICERS From The University of Kansas, Kansas Business Review, The Economic Outlook for 1997, Winter 1996-97. From Carla J. Stovall, Attorney General, pursuant to K.S.A. 50-628, 1996 Annual Report of the Consumer Protection Division. From Tom McLarty, 1996 Board Chair, Class LTD 1996 Annual Report. From Carla J. Stovall, Attorney General, Kansas Sentencing Commission, 1996 Annual Report. The complete reports are kept on file and open for inspection in the office of the Chief Clerk. CONSENT CALENDAR No objection was made to SB 83, 121, 237, 275 appearing on the Consent Calendar for the first day. No objection was made to SB 135 appearing on the Consent Calendar for the third day. The bill was advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 135, An act concerning electronic filing of business records; amending K.S.A. 1996 Supp. 75-443 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 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, 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. March 13, 1997 407 Nays: None. Present but not voting: None. Absent or not voting: Minor. The bill passed. HB 2298, An act concerning certified public accountants; licensure; fees; qualifications; penalties; amending K.S.A. 1-202, 1-302 and 1-304 and K.S.A. 1996 Supp. 1-301 and 1-310 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 118; Nays 5; Present but not voting 1; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, 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, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, 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, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Garner, Phill Kline, Nichols, Spangler, Swenson. Present but not voting: Edmonds. Absent or not voting: Minor. The bill passed, as amended. HB 2389, An act concerning Kansas state university, authorizing the state board of regents to convey title to certain real estate located in Clay and Washington counties; providing for the disposition of proceeds, was considered on final action. On roll call, the vote was: Yeas 119; Nays 5; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, 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, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk, Wilson. Nays: Crow, Lloyd, Schwartz, Wells, Wempe. Present but not voting: None. Absent or not voting: Minor. The bill passed, as amended. SB 147, An act relating to oil and gas; prescribing information to be included with payments to interest owners from sales of oil and gas, was considered on final action. On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, 408 JOURNAL OF THE HOUSE 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, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, 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. Nays: Wilson. Present but not voting: None. Absent or not voting: Minor. The bill passed, as amended. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Mays in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Mays, Committee of the Whole report, as follows, was adopted: Recommended that committee report recommending a substitute bill to Sub. HB 2368 be adopted; and the substitute bill be passed. Committee report to SB 197 be adopted; also, on motion of Rep. Powell be amended on page 6, in line 27, by striking all after ``(1)''; by striking all in lines 28 through 35; in line 36, by striking ``(2)'' and inserting ``Each pharmacy shall at all times maintain a list of the names of pharmacy technicians employed by the pharmacy and shall post in a conspicuous location in the prescription area of the pharmacy the name of the pharmacy technician currently on duty at the pharmacy, if any.''; On page 7, in line 2, by striking ``(3)'' and inserting ``(2)''; by striking all in line 5; On page 9, by striking all of lines 41 to 43, inclusive; On page 10, by striking all of lines 1 to 43, inclusive; On page 11, by striking all of lines 1 to 43, inclusive; On page 12, by striking all of lines 1 to 6, inclusive; in line 8, by striking ``65-1643 and 65-1645'' and inserting ``and 65-1643''; On page 1, in the title, in line 16, by striking ``65-1643 and 65-1645'' and inserting ``and 65-1643''; and SB 197 be passed as amended. Committee report to SB 201 be adopted and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Agriculture recommends SB 63, as amended by Senate Committee, be amended on page 1, after line 14, by inserting the following: ``Section 1. K.S.A. 47-122a is hereby amended to read as follows: 47-122a. (a) Whenever the owner or the owner's authorized agent allows any livestock to run at large, in violation of K.S.A. 47-122, and amendments thereto, and such livestock remains on the property of another person, the sheriff of the county in which such livestock are running at large, at the request of such person upon whose property the livestock are running at large, may take such livestock into custody and retain them in a secure holding area. (b) The county sheriff shall give notice to the owner or the owner's authorized agent within
twenty-four (24)24 hours after taking such livestock into custody that the owner or the owner's authorized agent hasten (10)10 days within which to claim such livestock and to pay all actual costs for taking up, keeping and feeding of such livestock. (c) If the owner or the owner's authorized agent fails to claim the livestock and to pay all actual costs within theten (10) dayten-day period, the county sheriff shall cause the livestock to be delivered to a public livestock market, andor to a secure holding area approved by the livestock commissioner. If the livestock is delivered to the market, the county sheriff shall causesaidsuch livestock to be sold at such market to the highest bidder for cash. Livestock held in a secure holding area other than a livestock market shall be advertised by the county sheriff in the official county newspaper and sold to the highest bidder for cash. (d) The county sheriff shall pay out of the proceeds from the sale ofsaidsuch livestock, all actual costs for taking up, keeping and feeding of such livestock. Any proceeds remaining March 13, 1997 409 in the hands of the sheriff after payment of all actual costs, shall be paid to the owner of the livestock or the owner's authorized agent. If the owner or the owner's authorized agent is not known or cannot be located, the proceeds remaining after the payment of actual costs shall be paid to the county treasurer of the county in which the livestock were running at large. Such funds shall be deposited by the county treasurer in the county's special stray fund provided for in K.S.A. 47-239, and amendments thereto. (e) In counties having a consolidated law enforcement department, the provisions of this section relating to sheriffs shall be deemed to refer to such department.``; And by renumbering sections accordingly; On page 3, in line 5, after ``K.S.A.'' by inserting ``47-122a and K.S.A.''; also in line 5, by striking ``is'' and inserting ``are''; On page 1, in the title, in line 10, by striking ``public''; also in line 10, by striking ``markets''; also in line 10, by striking all after the semicolon; in line 11, by striking all before ``amending''; also in line 11, after ``amending'' by inserting ``K.S.A. 47-122a and''; in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. The Committee on Health and Human Services recommends SB 245, 246, 304 as amended by Senate Committee, be passed. The Committee on Health and Human Services recommends SB 286, as amended by Senate Committee, be amended on page 1, in line 22, after ``means'' by inserting ``ambulance services and''; after line 42, by inserting the following: ``(e) ''Insured`` means a person who is covered by a health benefit plan.''; And by relettering subsections accordingly; On page 2, in line 2, by striking ``covered persons'' and inserting ``insureds''; in line 14, by striking all after ``by'' and inserting ``an insured''; in line 17, by striking ``a covered person'' and inserting ``an insured''; in line 29, by striking ``covered person'' and inserting ``insured''; in line 30, by striking ``enrollee'' and inserting ``insured''; in line 35, by striking ``enrollee'' and inserting ``insured''; in line 43, by striking ``covered person'' and inserting ``insured''; On page 3, in line 6, by striking ``covered person'' and inserting ``insured''; in line 11, by striking ``a''; in line 12, by striking ``covered person'' and inserting ``an insured''; in line 16, by striking ``covered persons'' and inserting ``insureds''; in line 19, by striking ``covered person'' and inserting ``insured''; in line 24, by striking ``covered persons'' and inserting ``the insured''; in line 27, by striking ``a covered person's'' and inserting ``an insured's''; in line 32, by striking ``a covered person's'' and inserting ``an insured's''; in line 36, by striking ``covered persons'' and inserting ``an insured''; in line 40, by striking ``provider-covered person'' and inserting ``provider-insured''; in line 41, by striking ``provider-covered person'' and inserting ``provider-insured''; On page 4, in line 1, by striking ``covered persons'' and inserting ``insureds''; in line 3, by striking ``a covered person'' and inserting ``an insured''; in line 8, by striking ``covered person's'' and inserting ``insured's''; after line 10, by inserting the following: ``Sec. 8. The commissioner of insurance may adopt rules and regulations as necessary to implement the provisions of this act.''; And by renumbering existing section 8 as section 9; and the bill be passed as amended. The Committee on Insurance recommends SB 225 be passed. The Committee on Tourism recommends HB 2498 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. CHANGE OF REFERENCE Speaker pro tem Wagle announced the withdrawal of HB 2506 from Committee on Judiciary and referral to Committee on Judiciary and Select Committee on Corrections and Juvenile Justice, separately. REPORT ON ENGROSSED BILLS HB 2298, 2389 reported correctly engrossed March 12, 1997. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, March 14, 1997. 410 JOURNAL OF THE HOUSE CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+