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


                             FIFTY-SECOND DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                             TOPEKA, KAN., Thursday, March 27, 1997, 9:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 124 members present.
  Rep. Dean was excused on verified illness.
  Rep. Franklin was excused later on verified illness.
  Prayer by Chaplain Washington:
     Heavenly Father,
     Teach us to love people. We really need Your help in this.  Probably the
   biggest problem we face today is people, and at times they can be very
   frustrating. It's hard to deal with some of them, yet we can't get
   along without most of them. Even the folks at Stanford have said
   that 87.5% of success relies on knowing how to get along with people.
     Lord, some of us are very encouraging and a blessing to be around, but
   then there are those of us that are cantankerous and extremely difficult.
   We will show up at the wrong place . . . at the wrong time . . . for the
   wrong reason, and we're hard to figure, because we want a seat in the
   front of the plane . . . the back of the church, and the middle of the
   road.  Teach us how to love us.
     Some of us are sanguine . . . some of us are choleric . . . some of us
   are phlegmatic . . . some of us are melancholy . . . and some of us are
   something else!
     Lord, I know it will never be easy, but use the difficult people and the
   difficult situations they produce, to teach us to rely on You. Teach us to
   be like You. Teach us to love others as You have loved us. You said in 1
   John 4:8, ``He who does not love does not know God, for God is love.''
     I come to You in the Name of Your Son; the expression of Your love for
   us. Amen.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Judiciary: HB 2570.
  Select Committee on Corrections and Juvenile Justice: HB 2571.

MESSAGE FROM THE SENATE

  The Senate nonconcurs in House amendments to SB 164, requests a
conference and has appointed Senators Praeger, Salmans and Steineger as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 165, requests a
conference and has appointed Senators Praeger, Hardenburger and Steineger as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 333, requests a
conference and has appointed Senators Ranson, Salisbury and Barone as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2020 and has appointed Senators Hardenburger, Becker and Gooch as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2303 and has appointed Senators Corbin, Morris and Biggs as conferees on
the part of the Senate.

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MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY

  The motion of Rep. Tanner, in accordance with subsection (b) of House Rule
1309, that
SB 293 be withdrawn from Committee on Environment and be placed on the
calendar under the order of business General Orders, was considered.
  Not having received the required 70 votes, the motion did not prevail.
  The motion of Rep. Tanner, in accordance with subsection (b) of House Rule
1309, that SB 278 be withdrawn from Committee on Environment and be
placed on the calendar under the order of business General Orders, was
considered.
  Not having received the required 70 votes, the motion did not prevail.

CONSENT CALENDAR

  No objection was made to SB 82, 186, 302 appearing on the Consent
Calendar for the
second day.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 164.
  Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry
as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 165.
  Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry
as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 333.
  Speaker Shallenburger thereupon appointed Reps. Myers, Sloan and Burroughs
as conferees on the part of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  HB 2160, An act making and concerning appropriations for the fiscal
years ending June 30,1998, and June 30, 1999, and for state agencies;
authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations, and directing or authorizing
certain receipts and disbursements and acts incidental to the foregoing;
amending K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 and
repealing the existing sections, 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, 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, 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, Presta, Ray, Reardon, Reinhardt,
Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: Landwehr.
  Present but not voting: None.
  Absent or not voting: Dean.
  The bill passed, as amended.
  HB 2166, An act making and concerning appropriations for the fiscal
years ending June 30, 1997, and June 30, 1998, and authorizing certain
financing, for certain capital improvement projects for the state fair board,
department of social and rehabilitation

                                 March 27, 1997                             589

services, Kansas state school for the blind, Kansas state school for the
deaf, department of corrections, state historical society, insurance
department, department of administration, department of commerce and housing,
state board of regents, Fort Hays state university, Kansas state university,
Kansas state university--veterinary medical center, Kansas state
university--extension systems and agriculture research programs, Emporia
state university, Pittsburg state university, university of Kansas,
university of Kansas medical center, Wichita state university, department of
human resources, Kansas commission on veterans affairs, attorney
general--Kansas bureau of investigation, Kansas highway patrol, adjutant
general and department of wildlife and parks; authorizing the initiation and
completion of certain capital improvement projects; and directing or
authorizing certain disbursements and acts incidental to the foregoing, was
considered on final action.
  On roll call, the vote was: Yeas 103; Nays 21; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty,
Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline,
Phill Kline, Kuether, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell,
Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger,
Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Tanner,
Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk, Wilson.
  Nays: Bradley, Edmonds, Flora, Flower, Garner, Hutchins, Krehbiel,
Landwehr, Larkin, McKinney, Nichols, O'Neal, Packer, Palmer, Presta, Sawyer,
Spangler, Swenson, Thimesch, Tomlinson, Wempe.
  Present but not voting: None.
  Absent or not voting: Dean.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. Speaker: I must reluctantly vote ``No'' on HB 2166. Although I
had a hand in the crafting of HB 2166 and support most of its
provisions, the addition of funds for the restoration of the House Chamber
ceiling poisons the bill. There are simply too many higher priorities for the
use of scarce resources to allow me to feel comfortable with the expenditure
of nearly $400,000 for decor, regardless of the presumed historical
significance of the chamber being decorated. I cannot support this provision
and must vote ``No'' on HB 2166.--John T. Edmonds
  HB 2272, An act making and concerning appropriations for the fiscal
year ending June 30, 1997, for the state board of healing arts, state board
of veterinary examiners, board of nursing, Kansas dental board, state
department of credit unions, state bank commissioner, consumer credit
commissioner, office of the securities commissioner of Kansas, state board of
technical professions, real estate appraisal board, Kansas real estate
commission, department of administration, Kansas racing and gaming
commission, state corporation commission, Kansas public employees retirement
system, department of revenue, insurance department, state board of
indigents' defense services, department of social and rehabilitation
services, department of human resources, department of health and
environment, department of education, Kansas state school for the blind,
state historical society, Kansas arts commission, Fort Hays state university,
Emporia state university, Pittsburg state university, Kansas state
university, Kansas state university -- Salina, college of technology,
university of Kansas, university of Kansas medical center, Wichita state
university, legislature, department of corrections, Kansas parole board,
Kansas sentencing commission, state fire marshal, juvenile justice authority,
Kansas department of agriculture, state fair board, Kansas state grain
inspection department, Kansas animal health department, Kansas wheat
commission, department of wildlife and parks, Kansas water office, state
conservation commission, Kansas commission on veterans affairs, adjutant
general,

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ombudsman of corrections, Kansas lottery, Kansas technology enterprise
corporation, board of accountancy and behavioral sciences regulatory board;
authorizing certain transfers, imposing certain restrictions and limitations,
and directing or authorizing certain receipts and disbursements and acts
incidental to the foregoing, was considered on final action.
  On roll call, the vote was: Yeas 118; Nays 6; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, 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,
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, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, 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, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Bradley, Landwehr, Packer, Palmer, Powell, Presta.
  Present but not voting: None.
  Absent or not voting: Dean.
  The bill passed, as amended.
  SB 221, An act concerning health care; relating to health care
providers; relating to peer review and risk management; concerning cost
reimbursement for certain food treatment products; amending K.S.A. 65-4925
and K.S.A. 1996 Supp. 65-180 and 65-4915 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 109; Nays 15; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dillon, Dreher,
Edmonds, 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, Kejr, Phil Kline, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Packer, Palmer, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.
  Nays: Alldritt, Burroughs, Correll, Garner, Johnston, Kirk, Klein, Phill
Kline, Krehbiel, McClure, Nichols, Pauls, Powers, Swenson, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean.
  The bill passed, as amended.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Garner in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Garner, Committee of the Whole report, as follows, was
adopted:
  Recommended that SB 281 be passed.
  Committee report to SB 41 be adopted and the bill be passed as
amended.
  Roll call was demanded on motion of Rep. Jennison and Sub. SB 86 be
amended on page 1, in line 19, by striking ``or another state''; in line 20,
by striking ``or branch''; in line

                                 March 27, 1997                             591

23, by striking ``or another state''; also in line 23, by striking ``or
branch''; in line 26, by striking ``or another state''; also in line 26, by
striking ``or branch'';
  On page 2, by striking all in lines 3 through 43;
  By striking all on page 3;
  By striking all on page 4;
  On page 5, by striking all in line 1;
  And by renumbering sections accordingly;
  On page 9, in line 25, by striking all following ``state''; in line 26, by
striking ``curities'' and inserting ``or any other state, any national
bank'';
  On page 11, in line 35, by striking ``or another state''; in line 36, by
striking ``or branch''; in line 39, by striking ``or another state''; also in
line 39, by striking ``or branch''; in line 42, by striking ``or another
state''; also in line 42, by striking ``or branch'';
  On page 13, in line 30, preceding the semicolon, by inserting ``which have
offices in the state of Kansas'';
  On page 18, in line 33, by striking ``9'' and inserting ``8'';
  On page 19, in line 4, by striking ``or another state with main or branch
offices'' and inserting ``with a main office''; in line 5, by striking ``9''
and inserting ``8''; in line 16, by striking ``or'' where it appears for the
last time; in line 17, by striking all preceding the period and inserting
``and which has a main office in this state, except that for purposes set
forth in K.S.A. 75-4205 and 75-4208, and amendments thereto, ``bank'' means a
bank incorporated under the laws of this state, or organized under the laws
of the United States or another state and which has a main or branch office
in this state'';
  On page 21, in line 17, by striking ``or another state''; in line 19, by
striking ``or branch''; in line 24, by striking ``or another state''; in line
26, by striking ``or branch'';
  On page 25, in line 10, by striking ``(a)''; in line 14, by striking
``(1)'' and inserting ``(a)''; also in line 14, by striking ``(A)'' and
inserting ``(1)''; in line 16, by striking ``(B)'' and inserting ``(2)''; in
line 17, by striking ``(2)'' and inserting ``(b)''; in line 34, by striking
``9-701,'';
  On page 1, in the title, in line 11, by striking ``9-701,'';
  On roll call, the vote was: Yeas 67; Nays 52; Present but not voting 1;
Absent or not voting 5.
  Yeas: Alldritt, Aurand, Ballou, Boston, Compton, Dahl, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Flower, Freeborn, Garner, Grant, Haley,
Hayzlett, Henderson, Henry, Holmes, Howell, Humerickhouse, Hutchins,
Jennison, Johnson, Kejr, Kirk, Krehbiel, Landwehr, Larkin, Lloyd, P. Long,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Powers, Presta, Reinhardt, Samuelson, Schwartz, Shallenburger,
Sharp, Shore, Showalter, Shultz, Tanner, Thimesch, Vickrey, Weber, Weiland,
Wells, Wempe.
  Nays: Adkins, Allen, Ballard, Beggs, Benlon, Bradley, Burroughs, Campbell,
Carmody, Correll, Cox, Crow, Dillon, Findley, Flaharty, Flora, Geringer,
Gilbert, Gilmore, Glasscock, Gregory, Helgerson, Horst, Huff, Johnston,
Klein, Phill Kline, Kuether, Lane, J. Long, Mason, Nichols, Phelps, Pottorff,
Powell, Ray, Reardon, Sawyer, Shriver, Sloan, Spangler, Stone, Storm,
Swenson, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Welshimer, Wilk,
Wilson.
  Present but not voting: O'Neal.
  Absent or not voting: Dean, Franklin, Phil Kline, Mayans, Ruff.
  The motion of Rep. Jennison prevailed.
  Also, on motion of Rep. Sloan Sub. SB 86 be amended on page 12, in
line 21, by striking ``Such'' and inserting ``Except as provided in section
19, such'';
  On page 25, by inserting before line 33, the following:
  ``New Sec. 19.  In addition to the investments allowed under K.S.A.
12-1675, and amendments thereto, the board of directors of a rural water
district having authority to receive, hold and expend public moneys or funds
may invest any moneys which are not immediately required for the purposes for
which the moneys were collected or received and as provided in this section.
Such board of directors shall have responsibility for the management of such
moneys and with the assistance of a registered investment adviser, may invest
and reinvest such moneys and acquire, retain, manage, including the exercise
of

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any voting rights, and dispose of investments of such fund. In investing or
reinvesting moneys in such fund, there shall be exercised the judgment and
care under the circumstances then prevailing which persons of prudence,
discretion and intelligence exercise in the management of their own affairs,
not in regard to speculation but in regard to the permanent disposition of
their funds, considering the probable income as well as the probable safety
of their capital.'';
  And by renumbering sections accordingly;
  Also, on motion of Rep. Spangler to amend Sub. SB 86, the motion did
not prevail.
  Also, on motion of Rep. Sawyer Sub. SB 86 be amended as amended by
Rep. Jennison in Committee of the Whole, on page 19, in the new material, by
striking ``and 75-4208`` and inserting ``, 75-4208 and 75-4214'';
  Also, on motion of Rep. Campbell to amend Sub. SB 86, the motion did
not prevail. Also, on motion of Rep. Shriver to amend, the motion did not
prevail. Also, on motion of Rep. Cox to amend, the motion did not prevail,
and the bill be passed as amended.
  On motion of Rep. Powers to amend SB 168, the motion did not prevail.
Also, on motion of Rep. Horst to amend, Rep. Tanner offered a motion to
rerefer the bill to Committee on Tourism. The motion prevailed and SB
168 be rereferred to Committee on Tourism.
  SB 38 be passed over and retain its place on the calendar (see
further action, Committee of the Whole, Afternoon Session).
  Committee report to Sub. SB 332 be adopted; also, on motion of Rep.
Edmonds be amended on page 1, following line 14, by inserting the following:
  ``Section 1.  K.S.A. 1996 Supp. 8-126 is hereby amended to read as follows:
8-126. The following words and phrases when used in this act shall have the
meanings respectively ascribed to them herein:
  (a)  ``Vehicle.'' means every device in, upon or by which any
person or property is or may be transported or drawn upon a public highway,
excepting devices moved by human power or used exclusively upon stationary
rails or tracks.
  (b)  ``Motor vehicle.'' means every vehicle, other than a
motorized bicycle or a motorized wheelchair, which is self-propelled.
  (c)  ``Truck.'' means a motor vehicle which is used for the
transportation or delivery of freight and merchandise or more than 10
passengers.
  (d)  ``Motorcycle.'' means every motor vehicle designed to
travel on not more than three wheels in contact with the ground, except any
such vehicle as may be included within the term ``tractor'' as herein
defined.
  (e)  ``Truck tractor.'' means every motor vehicle designed and
used primarily for drawing other vehicles, and not so constructed as to carry
a load other than a part of the weight of the vehicle or load so drawn.
  (f)  ``Farm tractor.'' means every motor vehicle designed and
used as a farm implement power unit operated with or without other attached
farm implements in any manner consistent with the structural design of such
power unit.
  (g)  ``Road tractor.'' means every motor vehicle designed and
used for drawing other vehicles, and not so constructed as to carry any load
thereon independently, or any part of the weight of a vehicle or load so
drawn.
  (h)  ``Trailer.'' means every vehicle without motive power
designed to carry property or passengers wholly on its own structure and to
be drawn by a motor vehicle.
  (i)  ``Semitrailer.'' means every vehicle of the trailer type
so designed and used in conjunction with a motor vehicle that some part of
its own weight and that of its own load rests upon or is carried by another
vehicle.
  (j)  ``Pole trailer.'' means any two-wheel vehicle used as a
trailer with bolsters that support the load, and do not have a rack or body
extending to the tractor drawing the load.
  (k)  ``Specially constructed vehicle.'' means any vehicle which
shall not have been originally constructed under a distinctive name, make,
model or type, or which, if originally otherwise constructed shall have been
materially altered by the removal of essential parts, or by the addition or
substitution of essential parts, new or used, derived from other vehicles or
makes of vehicles.

                                 March 27, 1997                             593

  (l)  ``Foreign vehicle.'' means every motor vehicle, trailer or
semitrailer which shall be brought into this state otherwise than in ordinary
course of business by or through a manufacturer or dealer and which has not
been registered in this state.
  (m)  ``Person.'' means every natural person, firm, partnership,
association or corporation.
  (n)  ``Owner.'' means a person who holds the legal title of a
vehicle, or in the event a vehicle is the subject of an agreement for the
conditional sale thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or in the event a vehicle is subject to a
lease of 30 days or more with an immediate right of possession vested in the
lessee; or in the event a party having a security interest in a vehicle is
entitled to possession, then such conditional vendee or lessee or secured
party shall be deemed the owner for the purpose of this act.
  (o)  ``Nonresident.'' means every person who is not a resident
of this state.
  (p)  ``Manufacturer.'' means every person engaged in the
business of manufacturing motor vehicles, trailers or semitrailers.
  (q)  ``New vehicle dealer.'' means every person actively
engaged in the business of buying, selling or exchanging new motor vehicles,
travel trailers, trailers or vehicles and who holds a dealer's contract
therefor from a manufacturer or distributor and who has an established place
of business in this state.
  (r)  ``Used vehicle dealer.'' means every person actively
engaged in the business of buying, selling or exchanging used vehicles, and
having an established place of business in this state and who does not hold a
dealer's contract for the sale of new motor vehicles, travel trailers,
trailers or vehicles.
  (s)  ``Highway.'' means every way or place of whatever nature
open to the use of the public as a matter of right for the purpose of
vehicular travel. The term ``highway'' shall not be deemed to include a
roadway or driveway upon grounds owned by private owners, colleges,
universities or other institutions.
  (t)  ``Department'' or ``motor vehicle department'' or ``vehicle
department.'' means the division of vehicles of the department of
revenue, acting directly or through its duly authorized officers and agents.
  (u)  ``Commission'' or ``state highway commission.'' means the
director of vehicles of the department of revenue.
  (v)  ``Division.'' means the division of vehicles of the
department of revenue.
  (w)  ``Travel trailer.'' means every vehicle without motive
power designed to be towed by a motor vehicle constructed primarily for
recreational purposes and measuring eight feet or less in width.
  (x)  ``Passenger vehicle.'' means every motor vehicle, as
herein defined, which is designed primarily to carry 10 or fewer passengers,
and which is not used as a truck.
  (y)  ``Self-propelled farm implement.'' means every farm
implement designed for specific use applications with its motive power unit
permanently incorporated in its structural design.
  (z)  ``Farm trailer.'' means every trailer as defined in
subsection (h) of this section and every semitrailer as defined in subsection
(i) of this section, designed and used primarily as a farm vehicle.
  (aa)  ``Motorized bicycle.'' means every device having two
tandem wheels or three wheels, which may be propelled by either human power
or helper motor, or by both, and which has: A motor which produces not more
than 3.5 brake horsepower; a cylinder capacity of not more than 50 cubic
centimeters; an automatic transmission; and the capability of a maximum
design speed of no more than 30 miles per hour.
  (bb)  ``All-terrain vehicle.'' means any motorized nonhighway
vehicle 45 inches or less in width, having a dry weight of 650 pounds or
less, traveling on three or more low-pressure tires, having a seat designed
to be straddled by the operator. As used in this subsection, lowpressure tire
means any pneumatic tire six inches or more in width, designed for use on
wheels with rim diameter of 12 inches or less, and utilizing an operating
pressure of 10 pounds per square inch or less as recommended by the vehicle
manufacturer.
  (cc)  ``Implement of husbandry'' means every vehicle designed or adapted
and used exclusively for agricultural operations, including feedlots, and
only incidentally moved or operated upon the highways. Such term shall
include, but not be limited to:

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  (1)  A farm tractor;
  (2)  a self-propelled farm implement;
  (3)  a fertilizer spreader, nurse tank or truck permanently mounted with a
spreader used exclusively for dispensing or spreading water, dust or liquid
fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202, and
amendments thereto, regardless of ownership;
  (4)  a truck mounted with a fertilizer spreader used or manufactured
principally to spread animal dung;
  (5)  a mixer-feed truck owned and used by a feedlot, as defined in K.S.A.
47-1501, and amendments thereto, and specially designed and used exclusively
for dispensing food to livestock in such feedlot.
  (dd)  ``Motorized wheelchair.'' means any self-propelled
vehicle designed specifically for use by a physically disabled person that is
incapable of a speed in excess of 15 miles per hour.
  (ee)  ``Oil well servicing, oil well clean-out or oil well drilling
machinery or equipment'' means a vehicle constructed as a machine used
primarily for servicing, cleaning-out or drilling an oil well and consisting
in general of a mast, an engine for power, a draw works and a chassis
permanently constructed or assembled for one or more of those purposes. The
passenger capacity of the cab of a vehicle shall not be considered in
determining whether such vehicle is an oil well servicing, oil well clean-out
or oil well drilling machinery or equipment.
  Sec. 2.  K.S.A. 1996 Supp. 8-128 is hereby amended to read as follows:
8-128. (a) The following need not be registered under this act:
  (1)  Implement of husbandry;
  (2)  all-terrain vehicles;
  (3)  road rollers and road machinery temporarily operated or moved upon the
highways;
  (4)  municipally owned fire trucks;
  (5)  privately owned fire trucks subject to a mutual aid agreement with a
municipality; or
  (6)  school buses owned and operated by a school district or a nonpublic
school which have the name of the municipality, school district or nonpublic
school plainly painted thereon.
  (b)  Self-propelled cranes and earth moving equipment which are equipped
with pneumatic tires may be moved on the highways of this state from one job
location to another, or to or from places of storage delivery or repair,
without complying with the provisions of the law relating to registration and
display of license plates but shall comply with all the other requirements of
the law relating to motor vehicles and shall not be operated on state
maintained roads or highways on Sundays or any legal holidays except
Lincoln's birthday, Washington's birthday or Columbus day.
  (c)  Oil well servicing, oil well clean-out or oil well drilling
machinery or equipment need not be registered under this act but shall comply
with all the other requirements of the law relating to motor vehicles.'';
  Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec.
3.  On and after January 1, 1998,'';
  On page 2, in line 2, by striking ``Sec. 2.'' and inserting ``Sec. 4.  On
and after January 1, 1998,'';
  And by renumbering sections accordingly;
  Also on page 2, in line 32, preceding ``K.S.A.'' by inserting ``On and
after January 1, 1998,''; following line 32, by inserting the following:
  Sec. 7.  K.S.A. 1996 Supp. 8-126 and 8-128 are hereby repealed.'';
  And by renumbering sections accordingly;
  Also on page 2, in line 33, by striking all following ``after''; in line
34, by striking all preceding ``its'';
  On page 1, in the title, in line 10, by striking all after the first
semicolon; in line 11, following ``Supp.'' by inserting ``8-126, 8-128 and'';
and Sub. SB 332 be passed as amended.
  SB 244 be passed over and retain its place on the calendar (see
further action, Committee of the Whole, Afternoon Session).
  On motion of Rep. Findley SB 282 be amended on page 2, following line
19, by inserting:

                                 March 27, 1997                             595

  ``(d)  No member of the pooled money investment board, within one year
after termination of the member's position with the board, shall accept
employment with the pooled money investment board.''; and SB 282 be
passed as amended.
  Committee report to SB 280 be adopted; also, on motion of Rep. Mason
to amend, the motion was withdrawn. Also, on further motion of Rep. Mason to
amend, the motion did not prevail and the bill be passed as amended.

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison pursuant to House Rule 2311, SB 41
was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  SB 41, An act relating to property taxation; exempting residential
property from certain school levies; repealing section 11 of 1997 House Bill
No. 2031, 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, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora,
Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P.
Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, 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, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Feuerborn, Klein, Lloyd, McKinney, Minor, Spangler.
  Present but not voting: None.
  Absent or not voting: Bradley, Dean, Franklin, Shore.
  The bill passed, as amended.

MESSAGE FROM THE SENATE

  Announcing passage of SB 187, 234.
  Announcing passage of HB 2026, 2058, 2250, 2305.
  Also, passage of HB 2045, as amended; Sub. HB 2081, as amended;
HB 2167, as amended; HB 2202, as amended; HB 2219, as
amended.
  Announcing rejection of HB 2269, as amended by S. Sub. for HB
2269.
  The Senate concurs in House amendments to SB 32 and requests return
of the bill.
  The Senate nonconcurs in House amendments to SB 204, requests a
conference and has appointed Senators Steffes, Praeger and Feleciano as
conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS

  The following Senate bills were thereupon introduced and read by title:
  SB 187, 234.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 204.
  Speaker Shallenburger thereupon appointed Reps. Bradley, Wilson and Kirk as
conferees on the part of the House.

CHANGE OF REFERENCE

  Speaker Shallenburger announced the withdrawal of HB 2571 from Select
Committee on Corrections and Juvenile Justice and referral to Committee on
Appropriations.
  On motion of Rep. Jennison, the House recessed until 1:15 p.m.
~

596                           JOURNAL OF THE HOUSE

                           Afternoon Session
  The House met pursuant to recess with Speaker pro tem Wagle in the chair.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Aurand in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Aurand, Committee of the Whole report, as follows, was
adopted:
  Recommended that committee report to SB 220 be adopted; also roll
call was demanded on motion of Rep. Humerickhouse and SB 220 be amended
on page 5, after line 22, by inserting the following:
  ``Sec. 3.  K.S.A. 65-2885 is hereby amended to read as follows: 65-2885. No
person licensed hereunder shall use a title in connection with his
such person's name which in any way represents him such person
as engaged in the practice of any branch of the healing arts for which
he such person holds no license: Provided, however, That
every such. Every licensee when using the letters or term ``Dr.'' or
``Doctor'' shall use the appropriate words or letters to identify
himself which identify the licensee with the particular branch of
the healing arts in which he the licensee holds a license.
Chiropractic licensees may use the title ``chiropractic physician.''
'';
  And by renumbering sections accordingly;
  Also on page 5, in line 23, after ``K.S.A.'' by inserting ``65-2885 and
K.S.A.''; also in line 23, by striking ``is'' and inserting ``are'';
  On page 1, in the title, in line 14, before ``amending'' by inserting
``concerning use of titles by licensees;''; also in line 14, before
``K.S.A.'' by inserting ``K.S.A. 65-2885 and''; in line 15, by striking
``section'' and inserting ``sections'';
  On roll call, the vote was: Yeas 94; Nays 25; Present but not voting 0;
Absent or not voting 6.
  Yeas: Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Bradley, Burroughs,
Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Edmonds, Faber,
Farmer, Feuer born, Findley, Flora, Garner, Gilbert, Gilmore, Glasscock,
Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil
Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, P. Long, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Myers, Neufeld,
Nichols, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps,
Powers, Reardon, Ruff, Sawyer, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Toplikar, Vickrey, Vining, Weber, Weiland, Wells, Welshimer, Wempe.
  Nays: Allen, Boston, Dreher, Empson, Flower, Freeborn, Geringer, Helgerson,
Hutchins, Landwehr, Lloyd, Mason, Mayans, Morrison, O'Neal, J. Peterson,
Pottorff, Powell, Presta, Ray, Samuelson, Schwartz, Tomlinson, Wagle, Wilk.
  Present but not voting: None.
  Absent or not voting: Adkins, Dean, Flaharty, Franklin, Reinhardt, Wilson.
  The motion of Rep. Humerickhouse prevailed and SB 220 be passed as
amended.
  Committee report to SB 38 be adopted; also, on motion of Rep. Garner
to amend, the motion did not prevail and the bill be passed as amended.
  Committee report to SB 244 be adopted; also, on motion of Rep.
Shallenburger be amended on page 6, in line 19, by striking all after the
period and striking all of lines 20 through 22; and the bill be passed as
amended.
  On motion of Rep. Weber SB 13 be amended on page 3, following line
17, by inserting new material as follows:
  ``Sec. 3.  K.S.A. 72-8212 is hereby amended to read as follows: 72-8212.
(a) (1) Subject to provision (2) of this subsection, every unified school
district shall maintain, offer and teach kindergarten and grades one through
12 and shall offer and teach at least 30 units of instruction for pupils
enrolled in grades nine through 12 in each high school operated by the board
of education. The units of instruction, to qualify for the purpose of this
section, shall have the prior approval of the state board of education.

                                 March 27, 1997                             597

  (2)  Any unified school district which has discontinued kindergarten, any
grade or unit of instruction under authority of K.S.A. 72-8233, and
amendments thereto, and has entered into an agreement with another unified
school district for the provision of kindergarten or any such grade or unit
of instruction has complied with the kindergarten, grade and unit of
instruction requirements of this section.
  (b)  The board of education shall adopt all necessary rules and regulations
for the gov ernment and conduct of its schools, consistent with the laws of
the state.
  (c)  The board of education may divide the district into subdistricts for
purposes of attendance by pupils.
  (d)  The board of education shall have the title to and the care and
keeping of all school buildings and other school property belonging to the
district. Subject to the provisions of subsection (f), the board may
open any or all school buildings for community purposes and may adopt rules
and regulations governing use of school buildings for those purposes. School
buildings and other school properties no longer needed by the school district
may be dis posed of by the board upon the affirmative recorded vote of not
less than a majority of the members of the board at a regular meeting. The
board may dispose of the property in such manner and upon such terms and
conditions as the board deems to be in the best interest of the school
district. Conveyances of school buildings and other school properties shall
be executed by the president of the board and attested by the clerk.
  (e)  The board shall have the power to acquire personal and real property
by purchase, gift or the exercise of the power of eminent domain in
accordance with K.S.A. 72-8212a, and amendments thereto.
  (f)  The buildings, facilities, equipment and other property of a
unified school district, the personal services of the administrative,
teaching or support employees of the unified school district, and the
telephone, telecommunications and any other services belonging to or
purchased by the district shall not be used by any person or other entity to
conduct or to assist or support in any manner any private business or other
gainful activity.'';
  And by renumbering sections accordingly;
  Also on page 3, in line 40, following ``72-8157'', by inserting ``,
72-8212'';
  On page 1, in the title, in line 10, following ``to'', by inserting
``property and services therefor; prescribing restrictions on the use of
certain property and services;''; in line 11, following ``12-1765'', by
inserting ``, 72-8212'';
  Also, on motion of Rep. Landwehr to amend SB 13, the motion did not
prevail.
  Also, on motion of Rep. Feuerborn SB 13 be amended on page 3, in line
40, by inserting the following:
  ``New Section 4. No person who is a professional employee or administrative
employee of a unified school district may be a member of the board of
education of the unified school district by which such person is employed.
For the purpose of this subsection, the terms professional employee and
administrative employee have the meanings respectively ascribed thereto in
K.S.A. 72-5413, and amendments thereto.''; and by renumbering the following
sections accordingly;
  Also, on motion of Rep. Haley to amend SB 13, Rep. Cox requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the
amendment germane. The question then reverted back to the motion of Rep.
Haley and SB 13 be amended on page 3, following line 39, by inserting
two new sections as follows:
  ``Sec. 4.  K.S.A. 1996 Supp. 12-345 is hereby amended to read as follows:
12-345. (a) If the voters approve a plan which provides for the consolidation
of the city and county, such consolidated city-county shall be subject to the
provisions of this section.
  (b)  Wyandotte county is hereby designated an urban area, as authorized
under the provisions of section 17 of article 2 of the constitution of the
state of Kansas, for the purpose of granting to such county and urban area
powers of local government and consolidation of local government.
  (c)  The consolidated city-county shall be subject to the cash-basis and
budget laws of the state of Kansas.
  (d)  Except as provided in subsection (e), and in any other statute which
specifically exempts bonds from the statutory limitations on bonded
indebtedness, the limitation on

598                           JOURNAL OF THE HOUSE

bonded indebtedness of a consolidated city-county under this act shall be 30%
of the as sessed value of all tangible taxable property within such county on
the preceding August 25.
  (e)  The following shall not be included in computing the total bonded
indebtedness of the consolidated city-county for the purposes of determining
the limitations on bonded indebtedness:
  (1)  Bonds issued for the purpose of refunding outstanding debt, including
outstanding bonds and matured coupons thereof, or judgments thereon.
  (2)  Bonds issued pursuant to the provisions of article 46 of chapter 19 of
the Kansas Statutes Annotated, and amendments thereto.
  (3)  Bonds issued for the purpose of financing the construction or
remodeling of a court house, jail or law enforcement center facility, which
bonds are payable from the proceeds of a retailers' sales tax.
  (4)  Bonds issued for the purpose of acquiring, enlarging, extending or
improving any storm or sanitary sewer system.
  (5)  Bonds issued for the purpose of acquiring, enlarging, extending or
improving any municipal utility.
  (6)  Bonds issued to pay the cost of improvements to intersections of
streets and alleys or that portion of any street immediately in front of city
or school district property.
  (f)  Any bonded indebtedness and interest thereon incurred by the city or
county prior to consolidation shall remain an obligation of the property
subject to taxation for the payment thereof prior to such consolidation.
  (g)  Upon the effective date of the consolidation of the city and county,
any retailers' sales tax levied by the city or county in accordance with
K.S.A. 12-187 et seq., and amend ment amendments thereto,
prior to such date shall remain in full force and effect, except that part of
the rate attributable to the former city shall not apply to retail sales in
the cities of Bonner Springs, Edwardsville and Lake Quivira.
  (h)  Upon the effective date of the consolidation of the city and county,
the territory of the consolidated city-county shall include:
  (1)  All of the territory of the county for purposes of exercising the
powers, duties and functions of a county.
  (2)  All of the territory of the county, except the territory of the cities
of Bonner Springs, Edwardsville, Lake Quivira and the unincorporated area of
the county, for purposes of exercising the powers, duties and functions of a
city.
  (i)  For the purposes of section 1 of article 5 of the constitution of the
state of Kansas, the ``voting area'' for the governing body of the
consolidated city-county shall include all the territory within Wyandotte
county.
  (j)  Except for the consolidated city-county and unless otherwise
provided by law, other political subdivisions of the county shall not be
affected by consolidation of the city and county. Such other political
subdivisions shall continue in existence and operation.
  (k) (j)  Unless otherwise provided by law, the consolidated
city-county shall be eligible for the distribution of any funds from the
state and federal government as if no consolidation had occurred. Except as
provided in this subsection, the population and assessed valuation of the
territory of the consolidated city-county shall be considered its population
and as sessed valuation for purposes of the distribution of moneys from the
state or federal gov ernment.
  (l) (k)  The consolidated city-county shall be a county. The
governing body of the con solidated city-county shall be considered county
commissioners for the purposes of section 2 of article 4 of the constitution
of the state of Kansas and shall have all the powers, functions and duties of
a county and may exercise home rule powers in the manner and subject to the
limitations provided by K.S.A. 19-101a, and amendments thereto, and other
laws of this state.
  The governing body of the consolidated city-county shall be responsible for
any duties or functions imposed by the constitution of the state of Kansas
and other laws of this state upon any county office abolished by the
consolidation plan. Such duties may be delegated by the governing body or as
provided in the consolidation plan.
  (m) (l)  The consolidated city-county shall be a city of the
first class. The governing body of the consolidated city-county shall have
all the powers, functions and duties of a city of

                                 March 27, 1997                             599

the first class and may exercise home rule powers in the manner and subject
to the limitations provided by article 12 of section 5 of the constitution of
the state of Kansas and other laws of this state.
  (n) (m)  The governing body of the consolidated city-county may
create special service districts within the city-county and may levy taxes
for services provided in such districts.
  (o) (n)  Changes in the form of government approved by the
voters in accordance with the consolidation plan are hereby declared to be
legislative matters and subject to initiative and referendum in accordance
with K.S.A. 12-3013 et seq., and amendments thereto.
  New Sec. 5.  If an election under the provisions of K.S.A. 1996 Supp.
12-341 et seq. and amendments thereto is conducted in Wyandotte county,
and if a majority of the electors voting at the election vote in favor of the
question submitted to consolidate Wyandotte county and the city of Kansas
City, Kansas, such favorable vote shall also constitute a man date as
provided in this section. All unified school districts of which all or the
greater part of the territory thereof is located in Wyandotte county shall
also be consolidated at the end of the regular school sessions of the
1996-1997 school year. This mandate applies to unified school districts 202,
203, 204 and 500, and such unified school districts shall thereupon be
abolished and become one unified school district which shall be given a
suitable number designation by the state board of education. Article 71 of
chapter 72 of the Kansas Statutes Annotated shall apply to the consolidated
unified school district created by this act. All other laws of this state
applicable to all unified school districts shall also apply to the school
district created by this act. The method of election of members of the board
of education of such school district shall be election at large. The state
board of education may adopt policies to assist in the orderly reorganization
required by this act.'';
  By renumbering sections 4 and 5 as sections 6 and 7, respectively;
  Also on page 3, in line 41, before ``are'', by inserting ``and 12-345'';
  In the title, in line 11, after the semicolon, by inserting ``providing a
procedure for con solidation of certain school districts;'' in line 12, after
``10-116c'', by inserting ``and 12-345'';
  Also, rose and reported progress (see further action, Committee of the
Whole, Late Afternoon Session).
  On motion of Rep. Jennison, the House recessed until 4:30 p.m.
 Late Afternoon Session   The House met pursuant to recess with Speaker
Shallenburger in the chair.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Aurand in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Aurand, Committee of the Whole report, as follows, was
adopted:
  Recommended that discussion resume on SB 13 (see previous action,
Committee of the Whole, Afternoon Session), and the bill be passed as
amended.
  Committee report to SB 145 be adopted, also, on motion of Rep. Horst
be amended on page 14, by striking all in lines 41, 42 and 43;
  On page 15, by striking all in lines 1 through 22 and inserting:
  ``Sec. 10.  K.S.A. 25-306b is hereby amended to read as follows: 25-306b.
(a) Except as provided by this section, no person who has been nominated
by any means for any national, state, county or township office may cause
such person's name to be withdrawn from nom ination after the day of the
primary election.
  (b)  Any person who has been nominated by any means whatsoever for
any national, state, county or township office who declares that they are
incapable of fulfilling the duties of office if elected may cause such
person's name to be withdrawn from nomination by a request in writing, signed
by the person and acknowledged before an officer qualified to take
acknowledgments of deeds. Any such request shall be filed with the secretary
of state in the case of national and state offices and with the county
election officer in the case of county and township offices. Except as
provided in subsection (b) of this section (d), in the

600                           JOURNAL OF THE HOUSE

case of national and state offices, any such request shall be filed within
seven days, including Saturdays, Sundays and holidays, after the meeting of
the state board of canvassers for the final canvass of primary election
provided for in K.S.A. 25-3205, and amendments thereto. Except as
provided in subsection (b) of this section (d), in the case of
county and township offices, any such request shall be filed within 10 days
after the meeting of the county board of canvassers to canvass the primary
election as provided in K.S.A. 25-3104, and amend ments thereto. No
name withdrawn as provided in this section shall be printed on the ballots
for such office for the general election.
  (c)  In the case of the death of a person who has been nominated for any
national, state, county or township office, the county chairperson of the
political party of which such nom inee was a member may cause such nominee's
name to be withdrawn from nomination by a request in writing, signed by the
chairperson and acknowledged before an officer qualified to take
acknowledgements of deeds.  Any such request shall be filed with the
secretary of state in the case of national and state offices and with the
county election officer in the case of county and township offices. Except as
provided in subsection (d), in the case of national and state offices, any
such request shall be filed within seven days, including Saturdays, Sundays
and holidays, after the meeting of the state board of canvassers for the
final canvass of primary election provided for in K.S.A. 25-3205, and
amendments thereto. Except as provided in subsection (d), in the case of
county and township offices, any such request shall be filed within 10 days
after the meeting of the county board of canvassers to canvass the primary
election as provided in K.S.A. 25-3104, and amendments thereto. No name with
drawn as provided in this section shall be printed on the ballots for such
office for the general election.
  (b) (d)  Whenever there has been a vacancy which occurred from
a withdrawal under this section, and such vacancy was filled according to
law, the person filling the vacancy may cause such person's name to be
withdrawn from nomination in the manner provided in subsection (a)
(b) or (c) of this section at any time prior to the 40th day before
the general election.'';
  Also, on further motion of Rep. Horst SB 145 be amended on page 8, in
line 33, by striking all after ``officer'' and inserting ``with the
permission of the advance voting voter.'';
  Also, on motion of Rep. Mason to amend SB 145, the motion did not
prevail.
  Also, on motion of Rep. Wilk SB 145 be amended on page 21, following
line 17, by inserting:
  ``Sec. 15.  K.S.A. 1996 Supp. 19-3a02 is hereby amended to read as follows:
19-3a02.   (a) The board of county commissioners of any county may adopt a
resolution establishing the office of county administrator.
  (b)  The board of county commissioners of any county may adopt a
resolution submitting to the voters of the county whether the county should
adopt a resolution establishing the office of county administrator. Such
resolution to establish the office of county administrator shall not be
effective until the question has been submitted to and approved by a majority
of the voters of the county voting at an election thereon. Such election
shall be called and held in the manner provided by the general bond law.
  (b) (c)  Upon presentation of a petition requesting the
establishment of the office of county administrator signed by at least 5% of
the qualified electors of the county, the board of county commissioners shall
adopt a resolution establishing such office. Such resolution shall not be
effective until the question has been submitted to and approved by a majority
of the voters of the county voting at an election thereon. Such election
shall be called and held in the manner provided by the general bond law.'';
  By renumbering sections accordingly;
  Also on page 21, in line 19, following ``Supp.'' by inserting ``19-3a02,''
  In the title, in line 21, before ``amending'' by inserting ``relating to
certain county offi cers;''; in line 23, before ``25-105'' by inserting
``19-3a02,'';
  Also, on motion of Rep. Klein to amend SB 145, the motion did not
prevail. Also, on motion of Rep. Toplikar to amend, the motion was withdrawn.
  Also, on motion of Rep. O'Connor to amend SB 145, Rep. Benlon
requested the question be divided. The question was divided.

                                 March 27, 1997                             601

  On Part A of the O'Connor motion SB 145 be amended on page 7, in line
1, before ``in'' by inserting ``by a person who has signed a statement
required by subsection (d)''; in line 30, by striking all after ``section''
and inserting ``or who exercises undue influence on the voting decision of
such voter shall be guilty of a severity level 9 nonperson felony.'';
  Also, on Part B of the motion of Rep. O'Connor to amend SB 145, the
motion did not prevail.
  Also, on motion of Rep. Toplikar to amend SB 145, the motion did not
prevail and the bill be passed as amended.
  Committee report to SB 276 be adopted and the bill be passed as
amended.
  On motion of Rep. Neufeld SB 229 be amended on page 7, in line 13, by
striking ``(6)'' and inserting the following new material:
  ``(6) (A) The board shall appoint an executive director who shall be in the
unclassified service under the Kansas civil service act.  The salaries and
other compensation of the ex ecutive director of the board of governors of
the health care stabilization fund and all other persons who are appointed by
the board of governors of the health care stabilization fund and who are in
the unclassified service under the Kansas civil service act shall be subject
to approval by the governor. On and after the effective date of this act, any
salary or other compensation of the executive director or any other employee
of the board of governors of the health care stabilization fund in the
unclassified service under the Kansas civil service act, that is fixed,
increased or otherwise changed by the board of governors, shall not be paid
until approved by the governor.
  (b)''; and SB 229 be passed as amended.
  On motion of Rep. Nichols to amend SB 136, Rep. Powell requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the
amendment not germane, and the bill be passed.

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison pursuant to House Rule 2311, Sub.
SB 86; SB 38, 281; Sub. SB 332; SB 244, 282, 280, 220, 13, 145, 276, 229, 136
were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Sub. SB 86, An act relating to public moneys; concerning
depositories; amending K.S.A. 9-1401, 9-1403, 9-1406, 9-1407, 12-1676 and
17-5002 and K.S.A. 1996 Supp. 9-1402, 91405, 12-1675, 12-1677a, 12-1677b,
75-4201, 75-4217, 75-4218 and 75-4220 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 79; Nays 43; Present but not voting 1;
Absent or not voting 2.
  Yeas: Alldritt, Aurand, Ballard, Ballou, Boston, Burroughs, Compton, Dahl,
Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Flaharty, Flower,
Freeborn, Geringer, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Howell, Humerickhouse, Hutchins, Jen nison, Johnson, Kejr, Kirk, Krehbiel,
Landwehr, Lloyd, J. Long, P. Long, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta,
Reardon, Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Tanner, Thimesch,
Vickrey, Vining, Weber, Wei land, Wells, Welshimer, Wempe.
  Nays: Adkins, Allen, Beggs, Benlon, Bradley, Campbell, Carmody, Correll,
Cox, Crow, Dillon, Findley, Flora, Garner, Gilbert, Gilmore, Glasscock,
Grant, Gregory, Horst, Huff, Johnston, Klein, Phil Kline, Phill Kline,
Kuether, Lane, Larkin, Mason, Mayans, Nichols, Pottorff, Powell, Ray, Ruff,
Storm, Swenson, Toelkes, Tomlinson, Toplikar, Wagle, Wilk, Wilson.
  Present but not voting: O'Neal.
  Absent or not voting: Dean, Franklin.
  The substitute bill passed, as amended.
  SB 38, An act concerning schools; relating to the compulsory
attendance age of children; amending K.S.A. 72-1111, as amended by section
121 of chapter 229 of the 1996 Session

602                           JOURNAL OF THE HOUSE

Laws of Kansas, and K.S.A. 1995 Supp. 72-1113, as amended by section 122 of
chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing
sections; also repealing K.S.A. 72-1111 and K.S.A. 1996 Supp. 72-1113, was
considered on final action.
  On roll call, the vote was: Yeas 109; Nays 14; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Geringer, Gilmore, Glasscock, Grant, Gregory,
Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline,
Phill Kline, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason,
Mayans, Mays, McClure, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pot torff, Powell, Presta, Ray, Reardon, Ruff, Samuelson,
Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weiland, Wempe, Wilk, Wilson.
  Nays: Freeborn, Garner, Gilbert, Haley, Klein, Krehbiel, Lloyd, McCreary,
McKechnie, Powers, Reinhardt, Weber, Wells, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
  SB 281, An act relating to certain deposits with commissioner of
insurance or a financial institution on behalf of the commissioner; amending
K.S.A. 1996 Supp. 40-229a and re pealing the existing section, was considered
on final action.
  On roll call, the vote was: Yeas 111; Nays 12; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Bradley, Burroughs,
Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, 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, McKechnie, Minor, Mollenkamp, Morrison, Myers,
Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson,
Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Alldritt, Ballou, Boston, Campbell, Freeborn, Garner, Mayans,
McKinney, Neufeld, O'Connor, Reinhardt, Vickrey.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed.
  Sub. SB 332, An act relating to motor vehicles; amending K.S.A. 1996
Supp. 8-126, 8128 and 8-134a and 79-5101 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 121; Nays 2; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, 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, Lar kin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal,

                                 March 27, 1997                             603

Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Landwehr, Pottorff.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The substitute bill passed, as amended.
  SB 244, An act concerning the state board of healing arts; relating
to fees paid to the board; concerning compensation paid to review committee
members; amending K.S.A. 652012, 65-2840c, 65-2896, 65-5409 and 65-5509 and
K.S.A. 1996 Supp. 65-2852 and 65-6910 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 90; Nays 33; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Crow, Dahl, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Geringer,
Gilbert, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerick house, Jennison, Johnson,
Johnston, Kejr, Phil Kline, Kuether, Lane, J. Long, P. Long, Mays, McClure,
McCreary, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Toelkes, Vining,
Wagle, Weiland, Wells, Welshimer, Wilk, Wilson.
  Nays: Aurand, Correll, Cox, Feuerborn, Freeborn, Garner, Grant, Hutchins,
Kirk, Klein, Phill Kline, Krehbiel, Landwehr, Larkin, Lloyd, Mason, Mayans,
McKechnie, McKinney, Minor, Packer, Palmer, J. Peterson, Presta, Ray,
Shallenburger, Sharp, Thimesch, Tomlin son, Toplikar, Vickrey, Weber, Wempe.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
  SB 282, An act concerning the pooled money investment board; relating
to the mem bership thereof; amending K.S.A. 1996 Supp. 75-4221a and repealing
the existing section, was considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, 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, Mc Kechnie, 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, Sawyer, Schwartz, Shallenbur ger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tan ner, 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, Franklin.
  The bill passed, as amended.
  SB 280, An act concerning tax increment financing; amending K.S.A.
1996 Supp. 121773 and repealing the existing section, was considered on final
action.
  On roll call, the vote was: Yeas 79; Nays 44; Present but not voting 0;
Absent or not voting 2.

604                           JOURNAL OF THE HOUSE

  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Carmody,
Compton, Cox, Crow, Dahl, Dillon, Empson, Findley, Flaharty, Flora, Flower,
Geringer, Gilbert, Gilmore, Glasscock, Gregory, Haley, Henderson, Holmes,
Horst, Huff, Humerickhouse, Hutchins, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Kuether, Lane, Larkin, J. Long, Mason, Mays, McClure, McCreary,
McKechnie, McKinney, Myers, O'Connor, Osborne, Palmer, Pauls, J. Peterson,
Phelps, Powell, Powers, Ray, Reardon, Ruff, Sawyer, Schwartz, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch,
Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Wempe, Wilk, Wilson.
  Nays: Aurand, Ballou, Boston, Bradley, Campbell, Correll, Dreher, Edmonds,
Faber, Farmer, Feuerborn, Freeborn, Garner, Grant, Hayzlett, Helgerson,
Henry, Howell, Jen nison, Johnson, Kejr, Krehbiel, Landwehr, Lloyd, P. Long,
Mayans, Minor, Mollenkamp, Morrison, Neufeld, Nichols, O'Neal, Packer, E.
Peterson, Pottorff, Presta, Reinhardt, Sa muelson, Shallenburger, Swenson,
Tomlinson, Weiland, Wells, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
  SB 220, An act concerning the Kansas healing arts act; relating to
the supervision and direction of certain personnel by persons licensed to
practice the healing arts; concerning use of titles by licensees; amending
K.S.A. 65-2885 and K.S.A. 1996 Supp. 65-2837 and repealing the existing
sections, was considered on final action.
  On roll call, the vote was: Yeas 96; Nays 27; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Bradley,
Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dillon, Edmonds,
Farmer, Findley, Fla harty, Flora, Flower, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Henderson, Henry, Holmes, Horst,
Howell, Huff, Humerickhouse, Johnson, Johnston, Kejr, Kirk, Klein, Phill
Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, P. Long, Mayans, Mc Clure,
McCreary, McKechnie, McKinney, Minor, Myers, Nichols, O'Connor, O'Neal, Os
borne, Packer, Palmer, Pauls, E. Peterson, Phelps, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Sawyer, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Toplikar, Vickrey, Wagle, Weber, Wei land, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: Allen, Boston, Correll, Dreher, Empson, Faber, Feuerborn, Freeborn,
Hayzlett, Helgerson, Hutchins, Jennison, Phil Kline, Landwehr, Lloyd, Mason,
Mays, Mollenkamp, Morrison, Neufeld, J. Peterson, Pottorff, Samuelson,
Schwartz, Sloan, Tomlinson, Vining.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. Speaker: I vote no on SB 220. We just as well put the title
``physician'' on every health provider. That way the public will not be
confused anymore as every health provider will be a physician.
  All we did on SB 220 is bypass Judge Bullock's order and confuse the
health consuming public.  The legislature failed in its duty to protect the
public with this amendment. There fore, I must vote no.--Jim Morrison
  SB 13, An act concerning school districts; relating to property and
services therefor; prescribing restrictions on the use of certain property
and services; lease and lease-purchase agreements for real or personal
property; providing a procedure for consolidation of certain school
districts; amending K.S.A. 12-1765, 72-8212 and 72-8225 and K.S.A. 1996 Supp.
101116c and 12-345 and repealing the existing sections; also repealing K.S.A.
72-8157, was considered on final action.
  On roll call, the vote was: Yeas 48; Nays 75; Present but not voting 0;
Absent or not voting 2.
  Yeas: Aurand, Ballou, Boston, Bradley, Compton, Dahl, Dillon, Farmer,
Findley, Flora, Freeborn, Geringer, Haley, Henderson, Horst, Howell,
Hutchins, Johnson, Johnston, Kejr, Kirk, Landwehr, Lloyd, P. Long, Mason,
Mays, McCreary, McKechnie, Neufeld, Nichols,

                                 March 27, 1997                             605

O'Connor, O'Neal, Packer, Palmer, Pauls, J. Peterson, Powell, Powers, Presta,
Schwartz, Shallenburger, Shore, Shultz, Swenson, Tanner, Toplikar, Vickrey,
Weber.
  Nays: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Campbell,
Carmody, Correll, Cox, Crow, Dreher, Edmonds, Empson, Faber, Feuerborn,
Flaharty, Flower, Gar ner, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Hayzlett, Helgerson, Henry, Holmes, Huff, Humerickhouse, Jennison, Klein,
Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, Mayans,
McClure, McKinney, Minor, Mollenkamp, Morrison, Myers, Os borne, E. Peterson,
Phelps, Pottorff, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Thimesch, Toelkes,
Tomlinson, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill did not pass.
  SB 145, An act concerning elections; relating to advance voting;
relating to voter regis tration; relating to candidates; relating to certain
county officers; amending K.S.A. 22a-102, 25-308, 25-1903 and 25-3301 and
K.S.A. 1996 Supp. 19-3a02, 25-105, 25-306b, 25-1122, 25-1123, 25-1124, 25-
1128, 25-2309, 25-2311, 25-2316c and 25-2908 and repealing the existing
sections, was considered on final action.
  On roll call, the vote was: Yeas 119; Nays 4; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl,
Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty,
Flora, Flower, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, John ston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKin ney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Ray, Rear don, 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, Wil
son.
  Nays: Crow, Garner, Nichols, Reinhardt.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
  SB 276, An act enacting the voluntary cleanup and property
redevelopment act; con cerning remediation of contaminated property, was
considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, 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, Mc Kechnie, 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, Sawyer, Schwartz, Shallenbur ger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tan ner, 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, Franklin.

606                           JOURNAL OF THE HOUSE

  The bill passed, as amended.
  SB 229, An act concerning the health care provider insurance
availability act; amending K.S.A. 40- 3408 and K.S.A. 1996 Supp. 40-3402,
40-3403 and 40-3404 and repealing the existing sections, was considered on
final action.
  On roll call, the vote was: Yeas 121; Nays 1; Present but not voting 1;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, 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, Lar kin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, 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, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: Nichols.
  Present but not voting: Landwehr.
  Absent or not voting: Dean, Franklin.
  The bill passed, as amended.
SB 136, An act concerning the criminal history record information on
independent con tractors; amending K.S.A. 1996 Supp. 22-4710 and repealing
the existing section, was con sidered on final action.
  On roll call, the vote was: Yeas 97; Nays 26; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher,
Edmonds, Empson, Farmer, Feuerborn, Findley, Flaharty, Flower, Geringer,
Gilmore, Glasscock, Gregory, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil
Kline, Krehbiel, Landwehr, Lane, Larkin, Lloyd, J. Long, Mason, Mayans, Mays,
McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, 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,
Tanner, Thi mesch, Toelkes, Toplikar, Vining, Wagle, Weiland, Wells,
Welshimer, Wempe, Wilk, Wil son.
  Nays: Alldritt, Burrough, Crow, Faber, Flora, Freeborn, Garner, Gilbert,
Grant, Haley, Johnston, Kirk, Klein, Phill Kline, Kuether, P. Long,
McKechnie, Nichols, Packer, Sawyer, Shallenburger, Storm, Swenson, Tomlinson,
Vickrey, Weber.
  Present but not voting: None.
  Absent or not voting: Dean, Franklin.
  The bill passed.

MESSAGE FROM THE SENATE

  The Senate concurs in House amendments to SB 41.

CHANGE OF REFERENCE

  Speaker Shallenburger announced the withdrawal of SB 137 from
Committee on Busi ness, Commerce and Labor and referral to Committee on
Calendar and Printing.
  Also, the withdrawal of SB 36 from Committee on Education and
referral to Committee on Calendar and Printing.

READING AND CORRECTION OF THE JOURNAL

  In the Journal, on page 583 the Carmody amendment on HB 2160 as it
appears should be deleted and the following should be inserted:

                                 March 27, 1997                             607

Provided, That (a) the secretary of administration is authorized to
provide the following from the closure term life insurance fund:
  (1)  The death benefits authorized by K.S.A. 1996 Supp. 75-4373, and
amendments thereto, on a self-insured basis; and
  (2)  the costs of self-administering such benefits or of contracting with a
third party for administration of the benefits.
  (b)  Upon request of the secretary of administration, the director of
accounts and reports shall make periodic transfers during fiscal year 1997
and fiscal year 1998 in amounts spec ified by the secretary of administration
from the state hospital closure account of the state general fund at the
department of social and rehabilitation services to the closure term life
insurance fund of the department of administration.
  (c)  Upon certification by the secretary of administration to the director
of accounts and reports that the unencumbered balance in the closure term
life insurance fund is insufficient to pay an amount for which the fund is
liable and that there are insufficient funds in the state hospital closure
account to transfer pursuant to subsection (b), the director of accounts and
reports shall transfer an amount equal to the insufficiency from the state
general fund to the closure term life insurance fund.
  (d)  If the death benefits authorized by K.S.A. 1996 Supp. 75-4373, and
amendments thereto, are provided on a self-insured basis pursuant to
subsection (a), the net amount of the death benefit shall be equal to 150% of
the annual rate of compensation of the covered state officer or employee, as
of the date the covered state officer or employee is laid off.
  On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Friday,
March 28, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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