J o u r n a l o f t h e H o u s e FORTY-FIFTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, March 18, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 121 members present. Rep. Dean was excused on verified illness. Reps. Mayans, McKechnie and Sawyer were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, Thank You for the strong personal commitment of these representatives today. Thank You for the votes that put them in office . . . for the qualities and abilities You bestowed upon them, that gained those votes of confidence. Help the voters, and even the nonvoters, to know that we're doing our best, and when we don't do as they think we should, it's not because we're uncon cerned . . . but where we rule, You Superrule. Help our constituents to trust YOU for overall governing, for it is only through YOUR Divine Hand, that this legislative body can be a protectorate of the electorate. Remind them that ALL government . . . municipal, state and federal, wields the scepter of power, not so much from the consent of the voters, but from the pleasure of Your providence. More than a democracy, make this a Theocracy. Let the words of the Prophet Daniel, in chapter 5, verse 21, be ours . . .'' that the Most High God rules in the kingdom of men, and appoints over it whomever He chooses.'' As we occupy these seats, keep us focused much more on the Governor above than the governors beneath. I come to You in the Name of Your Son Jesus, Amen. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2534, 2535, 2536, 2537. Federal and State Affairs: HB 2533. Judiciary: HCR 5023. CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of SB 12 from Committee on Health and Human Services and referral to Committee on Insurance. MESSAGE FROM THE GOVERNOR HB 2104, 2183 approved on March 18, 1997. MESSAGE FROM THE SENATE The Senate accedes to the request of the House for a conference on HB 2071 and has appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate. The Senate accedes to the request of the House for a conference on HB 2083 and has appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate. 440 JOURNAL OF THE HOUSE CONSENT CALENDAR No objection was made to SB 136 appearing on the Consent Calendar for the first day. No objection was made to SB 267 appearing on the Consent Calendar for the second day. No objection was made to HB 2498 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 HB 2498, An act concerning the state of Kansas sports hall of fame; providing for separation from the state historical society; amending K.S.A. 74-2906a and K.S.A. 1996 Supp. 74-2912 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, 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, Mays, McClure, McCreary, McKinney, Minor, 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, 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: Dean, Mayans, McKechnie, Sawyer. The bill passed. SB 63, An act concerning livestock; amending K.S.A. 47-122a and K.S.A. 1996 Supp. 471008 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 113; Nays 8; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Packer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Freeborn, Jennison, Kejr, Lloyd, Neufeld, Palmer, Shore. Present but not voting: None. Absent or not voting: Dean, Mayans, McKechnie, Sawyer. The bill passed, as amended. SB 225, An act concerning insurance; merger and consolidation of certain insurance entities; amending K.S.A. 1996 Supp. 40-507 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 120; Nays 0; Present but not voting 1; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, March 18, 1997 441 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, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, 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, 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: Landwehr. Absent or not voting: Dean, Mayans, McKechnie, Sawyer. The bill passed. SB 245, An act concerning hospital liens; amending K.S.A. 65-406 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 115; Nays 6; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, 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, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Freeborn, Garner, Haley, Klein, Shallenburger, Wempe. Present but not voting: None. Absent or not voting: Dean, Mayans, McKechnie, Sawyer. The bill passed. SB 246, An act concerning the state board of healing arts; relating to temporary permits issued under the occupational therapy practice act and respiratory therapy practice act; amending K.S.A. 65-5408 and 65-5508 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 108; Nays 13; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, 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, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Jennison, Kejr, Lloyd, McKinney, Neufeld, O'Connor, Packer, Presta, Shore, Thimesch, Vickrey, Weber. Present but not voting: None. Absent or not voting: Dean, Mayans, McKechnie, Sawyer. The bill passed. 442 JOURNAL OF THE HOUSE On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Pauls in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Pauls, Committee of the Whole report, as follows, was adopted: Recommended that SB 169 be passed. SB 286 be passed over and retain its place on the calendar. Committee report to SB 232 be adopted; also, on motion of Rep. Mays be amended on page 8, following line 17, by inserting: ``Sec. 8. K.S.A. 19-101d is hereby amended to read as follows: 19-101d. (a) (1) The board of county commissioners of any county shall have the power to enforce all resolutions passed pursuant to county home rule powers, as designated by K.S.A. 19-101c and amendments thereto. Such resolutions may be enforced by enjoining violations thereof or by prescribing penalties for violations of such resolutions, either by fine, or by confinement in the county jail, or by both such fine and confinement. Unless otherwise provided by the resolution that defines and makes punishable the violation of such resolution, the penalty imposed shall be in accordance with the penalties established by law for conviction of a class C misdemeanor. In no event shall the penalty imposed for the violation of a resolution exceed the penalties established by law for conviction of a class B misdemeanor. (2) Prosecution for any such violation shall be commenced in the district court in the name of the county and, except as provided in subsection (b), shall be conducted in the manner provided by law for the prosecution of misdemeanor violations of state laws. Writs and process necessary for the prosecution of such violations shall be in the form prescribed by the judge or judges of the courts vested with jurisdiction of such violations by this act, and shall be substantially in the form of writs and process issued for the prosecution of misdemeanor violations of state laws. Each county shall provide all necessary supplies, forms and records at its own expense. (b) (1) In addition to all other procedures authorized for the enforcement of county codes and resolutions, in any county with a population in excess of
300,000150,000, the prosecution for violation of codes and resolutions adopted by the board of county commissioners may be commenced in the district court in the name of the county and may be conducted, except as otherwise provided in this section, in the manner provided for and in accordance with the provisions of the code for the enforcement of county codes and resolutions. (2) For the purposes of aiding in the enforcement of county codes and resolutions, the board of county commissioners may employ or appoint code enforcement officers for the county who shall have power to sign, issue and execute notices to appear and uniform citations or uniform complaints and notices to appear, as provided in the appendix of forms of the code contained in this act to enforce violations of county codes and resolutions, but shall have no power to issue warrants or make arrests. All warrants shall be issued and arrests made by law enforcement officers pursuant to and in the manner provided in chapter 21 of the Kansas Statutes Annotated. (3) The board of county commissioners may employ or appoint attorneys for the purpose of prosecuting actions for the enforcement of county codes and resolutions, and such attorneys shall have the duties, powers and authorities provided by the board as necessary to prosecute actions under the code. (4) All costs for the enforcement and prosecution of violations of county codes and resolutions, except for compensation and expenses of the district court judge, shall be paid from the revenues of the county and, the board of county commissioners may establish a special law enforcement fund for the purpose of paying for the costs of code enforcement within the county. In addition, the board of county commissioners is hereby authorized to levy a tax of not to exceed 1/2 mill upon all taxable tangible property within such county to pay the costs of code enforcement. (c) Notwithstanding the provisions of subsection (b), any action commenced in the district court for the enforcement of county codes and resolutions, wherein a person may be subject to detention or arrest or wherein an accused person, if found guilty, would or might be deprived of such person's liberty, shall be conducted in the manner provided by March 18, 1997 443 law for the prosecution of misdemeanor violations of state laws under the Kansas code of criminal procedure and not under the code for the enforcement of county codes and resolutions.''; By renumbering sections accordingly; Also on page 8, in line 18, before ``58-2613'' by inserting ``19-101d,''; In the title, in line 15, following the semicolon, by inserting ``relating to the enforcement of codes and resolutions;''; in line 16, before ``58-2613'' by inserting ``19-101d,''; Also, on motion of Rep. Phelps to amend SB 232, the motion did not prevail. Also, on motion of Rep. Wagle SB 232 be amended on page 2, in line 5, before ``Upon'' by inserting ``(a)''; in line 18, by striking ``If'' and inserting ``Subject to the provisions of subsection (b), if''; in line 37, following the period, by inserting a new subsection as follows: ``(b) If within two years following the effective date of the annexation of any land pursuant to K.S.A. 12-520c, and amendments thereto, and upon petition of the owner of any such land, the governing body shall vacate or exclude such land if the petitioner reimburses the city for all costs incurred by the city in the extension of services to such land, together with interest on the amount of such costs at a rate provided by K.S.A. 16201, and amendments thereto. The petitioner shall be required to pay only those costs which are attributable to services which exclusively benefit such land. (c)''; Also, on motion of Rep. Crow SB 232 be amended on page 1, in line 38, before ``prior'' by inserting ``at least 20 days''; also in line 38, by striking all after the period; by striking all in line 39; in line 40, by striking all before ``Such''; On page 4, in line 28, by striking all after ``published''; in line 29, by striking ``more than'' and inserting ``at least''; On page 7, in line 30, before ``prior'' by inserting ``at least 20 days''; also in line 30, by striking all after the period; by striking all in line 31; in line 32, by striking all before ``If''; Also, roll call was demanded on motion of Rep Powers and SB 232 be amended on page 8, following line 17, by inserting the following: ``Sec. 8. K.S.A. 12-758 is hereby amended to read as follows: 12-758. (a) Except as otherwise provided by this section and section 9, and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land after the effective date of any regulations adopted under this act. If a building is damaged by more than 50% of its fair market value such building shall not be restored if the use of such building is not in conformance with the regulations adopted under this act. (b) Except for flood plain regulations in areas designated as a flood plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings are used for agricultural purposes and not otherwise. New Sec. 9. (a) When used in this section: (1) The words and phrases used in this section shall have the same meaning ascribed thereto by K.S.A. 12-742, and amendments thereto; (2) ``adult arcade'' means any place to which the public is permitted or invited in which coin-operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. (3) ``adult bookstore'', ``adult novelty store'' or ``adult video store'' means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: (A) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which 444 JOURNAL OF THE HOUSE are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or (B) instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; (4) ``adult cabaret'' means a nightclub, bar, restaurant or similar commercial establishment which regularly features: (A) Persons who appear in a state of nudity or semi-nudity; or (B) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (C) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; (5) ``adult motel'' means a hotel, motel or similar commercial establishment which: (A) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (B) offers a sleeping room for rent for a period of time that is less than 10 hours; or (C) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours; (6) ``adult motion picture theater'' means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; (7) ``adult theater'' means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; (8) ``escort'' means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person; (9) ``escort agency'' means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration; (10) ``nude model studio'' means any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a college, community college or university supported entirely or in part by public money; a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college or university supported entirely, partly by public money or in a structure or private studio: (A) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; (B) where, in order to participate in a class, a student must enroll at least three days in advance of the class; and (C) where no more than one nude or semi-nude model is on the premises at any one time; (11) ``nudity'' or a ``state of nudity'' means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state. (12) ``sexual encounter center'' means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: March 18, 1997 445 (A) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (B) activities between either male and female persons or persons of the same sex, or both, when one or more of the persons is in a state of nudity or semi-nude; (13) ``semi-nude'' or in a ``semi-nude condition'' means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. Such term shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part; (14) ``sexually oriented business'' means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center; (15) ``specified anatomical areas'' means: (A) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or (B) less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola. (b) The governing body may adopt, in the manner provided by K.S.A. 12-741 et seq., and amendments thereto, reasonable regulations for the gradual elimination of sexually oriented businesses which constitute nonconforming uses.''; And by renumbering sections accordingly; Also on page 8, in line 18, following ``12-752,'' by inserting ``12-758,''; On page 1, in the title, in line 15, by striking all before ``amend-''; in line 16, following ``12-752,'' by inserting ``12-758,''; On roll call, the vote was: Yeas 111; Nays 1; Present but not voting 0; Absent or not voting 13. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson. Nays: Welshimer. Present but not voting: None. Absent or not voting: Carmody, Dean, Edmonds, Flora, Howell, Kirk, Phil Kline, J. Long, Mayans, McKechnie, Neufeld, Reinhardt, Sawyer. The motion of Rep. Powers prevailed, and SB 232 be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Appropriations recommends SB 362 be not passed. The Committee on Appropriations recommends SB 99 be amended on page 1, in line 21, after ``the'' by inserting ``state treasurer and the''; and the bill be passed as amended. The Committee on Health and Human Services recommends HB 2278 be amended on page 3, in line 9, by striking all after the period; by striking all in line 10; in line 11, by striking all before ``For''; in line 13, by striking ``of the employment agency''; in line 16, by striking ``or'' and inserting a comma; in line 17, before the comma, by inserting ``or an employment agency, or the operator or employees of an employment agency''; in line 19, after ``operator'' by inserting ``or employment agency''; after line 28, by inserting the following: 446 JOURNAL OF THE HOUSE ``(f) The secretary of health and environment shall charge each person requesting information under this section a fee of $5 for each name about which an information request has been submitted to the department under this section. (g) A family member who acts as a volunteer in caring for a relative in an adult care home shall not be subject to the provisions of this section because of such volunteer activity.''; Also on page 3, in line 29, by striking ``(f)'' and inserting ``(h)''; On page 5, in line 17, by striking all after the period; by striking all in line 18; in line 19, by striking all before ``No''; in line 20, by striking ``or'' and inserting a comma; also in line 20, before ``shall'' by inserting ``or an employment agency, or the operator or employees of an employment agency, which provides employees to work for the home health agency''; in line 23, after ``operator'' by inserting ``or employment agency''; after line 32, by inserting the following: ``(f) The secretary of health and environment shall charge each person requesting information under this section a fee of $5 for each name about which an information request has been submitted under this section. (g) A family member who acts as a volunteer in caring for a relative who is receiving home health services shall not be subject to the provisions of this section because of such volunteer activity.''; Also on page 5, in line 33, by striking ``(f)'' and inserting ``(h)''; and the bill be passed as amended. The Committee on Health and Human Services recommends SB 10 be amended on page 1, after line 13, by inserting the following: ``Section 1. K.S.A. 1996 Supp. 65-6803 is hereby amended to read as follows: 65-6803. (a) There is hereby created a health care data governing board. (b) The board shall consist ofsevennine members appointed as follows: One member shall be appointed by the Kansas medical society, one member shall be appointed by the Kansas hospital association, one member shall be appointed by the executive vice chancellor of the university of Kansas school of medicine, one member who is a licensed professional nurse appointed by the Kansas state nurses association, one member representing health care insurers or other commercial payors shall be appointed by the governor, one member representing adult care homes shall be appointed by the governor, one member representing theinstitute associated with the university of Kansas department of health services administrationKansas health institute, one member appointed by the state board of regents representing the health services research community and one member representing consumers of health care shall be appointed by the governor. The secretary of health and environment, or the designee of the secretary, shall be a nonvoting member who shall serve as chairperson of the board. The secretary of social and rehabilitation services and the insurance commissioner, or their designees, shall be nonvoting members of the board. Board members and task force members shall not be paid compensation, subsistence allowances, mileage or other expenses as otherwise may be authorized by law for attending meetings, or subcommittee meetings, of the board. The members appointed to the board shall serve for three-year terms, or until their successors are appointed and qualified. (c) The chairperson of the health care data governing board may appoint a task force or task forces of interested citizens and providers of health care for the purpose of studying technical issues relating to the collection of health care data. At least one member of the health care data governing board shall be a member of any task force appointed under this subsection. (d) The board shall meet at least quarterly and at such other times deemed necessary by the chairperson. (e) The board shall develop policy regarding the collection of health care data and procedures for ensuring the confidentiality and security of these data.''; And by renumbering sections according; Also on page 1, in line 32, after ``Supp.'' by inserting ``65-6803 and''; also in line 32, by striking ``is'' and inserting ``are''; in line 34, by striking ``statute book'' and inserting ``Kansas register''; March 18, 1997 447 In the title, in line 9, after ``concerning'' by inserting ``health care data; concerning the health care data governing board; concerning''; in line 10, after ``Supp.'' by inserting ``656803 and''; in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. The Committee on Health and Human Services recommends SB 60, as amended by Senate Committee, be amended on page 1, in line 17, by striking ``23'' and inserting ``25''; On page 2, in line 5, by striking ``eleven'' and inserting ``13''; in line 9, by striking ``11'' and inserting ``13''; in line 11, before ``consumers'' by inserting ``immediate family members of adult''; in line 12, by striking ``and'' where it appears for the last time; in line 14, before the period, by inserting ``; and two members shall be members of the general public''; and the bill be passed as amended. The following committee reports were inadvertently reported out of Committee on Insurance as ``be passed.'' They should appear as follows: The Committee on Insurance recommends SB 49, 55, 57, 229 be passed and, because the committee is of the opinion that the bills are of a noncontroversial nature, be placed on the consent calendar. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6011-- By Representatives Pauls and Larkin, Boston, Dahl, Dean, Hayzlett, Henry, Hutchins, Jennison, Phill Kline, J. Long, P. Long, Mayans, McClure, Mollenkamp, Morrison, Myers, O'Connor, Powers, Shallenburger, Thimesch and Toplikar A RESOLUTION requiring the attorney general to bring action to determine the constitutionality of Kansas statutes, administrative orders and executive orders, including, but not limited to, K.S.A. 65-6701, 65-6702, 65-6703, 65-6704, 65-6705 and 65-6706, and amendments thereto, that allow the termination, or the use of state funds or facilities in the termination, of the lives of innocent human beings including the unborn. WHEREAS, Section one of the bill or rights of the constitution of Kansas states that ``All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.'' The right to life, logically enumerated first, is the basic, most fundamental right without which all others are meaningless; and WHEREAS, The United States supreme court has acknowledged that those same rights, declared also in the Declaration of Independence, are so basic and fundamental that they ``may not be subjected to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, The term ``men'' is accepted to include adult males, women and children, in other words, all human beings; and WHEREAS, All medical and scientific evidence increasingly acknowledges and affirms that children before birth share all the basic attributes of human personality--that they in fact are persons; the unborn child is considered a person for purposes of qualifying for medical care under the federal medicaid program; modern medicine treats unborn children as patients; through ultrasound imaging and other techniques we can see the child's amazing development; by using DNA profiling, before birth, indeed, even before the new being is implanted in her mother's womb, we can be absolutely sure we are monitoring the same individual from conception/fertilization through the various stages of growth; and WHEREAS, The United States supreme court itself noted, the decision in Roe v. Wade, 410 U.S. 113, 159 (1973) rested upon an earlier state of medical technology; the Court further acknowledged in Roe v. Wade, 410 U.S. 113, 156, 157 (1973) that: ``If this suggestion of personhood is established, the appellants case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the Fourteenth Amendment . . .''; the law of the land today must recognize all of the medical evidence and scientific facts; and WHEREAS, The legislature of the state of Kansas has acknowledged, even as recently as 1994, that a human being exists before birth by requiring the postponement of the execution of a pregnant convict ``until the child is born.'' (K.S.A. 22-4009(b)); and 448 JOURNAL OF THE HOUSE WHEREAS, The Kansas supreme court acknowledged in Smith v. Deppish, 248 Kan. 217, 231 (1991) that ``we humans create human offspring by transferring our DNA to our children'' and that this is done ``during reproduction. . .,'' also known biologically as fertilization or conception, or both. The Court further acknowledged in Smith v. Deppish, 248 Kan. 217, 232 (1991) that ``each person's'' DNA can be ``individualized''; and WHEREAS, The United States supreme court has ruled that entities that ``are humans, live, and have their being'' cannot be ``nonpersons,'' stating further, ``They are clearly `persons' within the meaning of the Equal protection Clause of the Fourteenth Amendment.'' Levy v. Louisiana, 391 U.S. 68, 70 (1968); and WHEREAS, A controversy now exists when the pregnancy of a woman constitutes the presence of a second person in order to qualify for medicaid while at the same time allowing such funds to be expended for the purpose of terminating the lives of preborn human beings by the procedure commonly referred to as induced abortion. Through the use of matching funds in, and the administration of, the medicaid program and the use of state facilities in the termination of the lives of innocent human beings, the state has become a direct party in violating section 1 of the bill of rights of the constitution of Kansas and the due process and equal protection clause of the fifth and fourteenth amendments to United States Constitution. Slaughterhouse Cases, 83 U.S. 37, 80 (1872); Strauder v. West Virginia (1879); Yick Wo v. Hopkins, 118 U.S. 356, 357, 370 (1886); Burton v. Wilmington Parking Authority, 365 U.S. 715, 721-726 (1961); Brown v. Topeka Board of Education, 387 U.S. 483, 490, 496 (1954); and WHEREAS, The United States supreme court holds that ``The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, One of those ``legal principles,'' the court says, is ``one's right to life'' which ``may not be submitted to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and WHEREAS, This matter involves issues of law which have never been resolved by the courts of the state of Kansas except to the extent questions have been raised in the Kansas Supreme Court by City of Wichita vs. Elizabeth A. Tilson, 253 Kan. 285 (1991): Now, therefore, Be it resolved by the House of Representative of the State of Kansas: That, based on undeniable medical, biological and scientific facts, we do hereby acknowledge and affirm that the unborn children in the state of Kansas have an equal and inalienable right to life from conception and that allowing the termination of the lives of innocent human beings even before birth violates section 1 of the bill of rights of the Kansas constitution and the due process and equal protection clause of the fifth and fourteenth amendments to the United States constitution; and Be it further resolved: That because state legislatures have been effectively restrained from exercising any authority to resolve this issue, we call upon the courts to apply the legal principle of the right to life to all living human beings; and Be it further resolved: That in accordance with K.S.A. 75-702, the attorney general of the state of Kansas is hereby required to seek final solution of this issue in the supreme court of the state of Kansas and such other courts as may be warranted; the attorney general is further directed to bring action in mandamus and quo warranto against the governor as chief executive officer of the state and the secretary of social and rehabilitation services as administrative officer of the medicaid program in Kansas for the granting of a prospective permanent injunction barring the defendants from expending state funds for the purpose of paying for the termination of the lives of innocent human beings, whether in utero or ex utero; and the attorney general is further directed and ordered to plead to the court that upon conception there is life, that this life is that of a human being and to further plead to the court to acknowledge and affirm that this human being is an ``individual,'' a ``man,'' a ``person'' under the constitution of the state of Kansas and the constitution of the United States of America. The most recent medical, biological, and scientific facts and develop ments, especially those concerning the beginning of life and the incontestable reliance on March 18, 1997 449 DNA profiling as a positive means of identification, must be presented to the court in support of the above-mentioned plea. REPORT ON ENROLLED BILLS HB 2015, 2023, 2044, 2065, 2182, 2216 reported correctly enrolled, properly signed and presented to the governor on March 18, 1997. READING AND CORRECTION OF THE JOURNAL In the Journal, on page 416 under Final Action on Bills and Concurrent Resolutions, the following should be inserted following the vote on Sub. HB 2368: The substitute bill passed. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday, March 19, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+