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


                             FIFTY-FOURTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                              TOPEKA, KAN., Monday, March 31, 1997, 10:30 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 123 members present.
  Rep. Dean was excused on verified illness.
  Rep. Mays was excused on excused absence by the Speaker.
  Prayer by guest chaplain, the Rev. Mark Hurd, Oswego Christian Church, and
guest of Rep. Correll:
     Heavenly Father,
     What a wonderful honor it is to be here . . . in Your presence.
     What joy we receive from taking time from this feverish pace to rest at
   Your feet.
     May our individual hearts be comforted in the brotherhood of Your divine
   guidance.
     Where
         The wolf will live with the lamb,
           The leopard will lie down with the goat,
         the calf and the lion and the yearling together;
         and a little child will lead them.
         The cow will feed with the bear,
           Their young will lie down together,
           And the lion will eat straw like the ox.
         They will neither harm nor destroy
           On all my holy mountain,
         for the earth will be full of the knowledge of (You,)
           Lord.
                                 (Isaiah 11:6, 7, 9 NIV)
     Now, may the purity of Your love surmount our man-made agenda.
     Grant us wisdom for this day, and peace to last from generation, to
   generation, to generation.
     In our blessed Savior's name we pray; A-men and A-men.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Taxation: SB 161.

CHANGE OF REFERENCE

  There being no objection, Speaker Shallenburger announced the withdrawal of
SB 12, 18, 27, 61, 66, 68, 87, 93, 106; H. Sub. for SB 112; SB 113,
116, 118, 123, 146, 151, 152, 174, 188, 207, 212, 214, 227, 237, 262; H. Sub.
for SB 264 from the Committee on Calendar and Printing and rereferral to
Committee of the Whole.

                                 March 31, 1997                             611


COMMUNICATIONS FROM STATE OFFICERS

  From William F. Caton, Commissioner, Consumer Credit 1996 Annual Report.
  From Kansas, Inc., Grants and Loans Report for Fiscal Year 1996.
  From State Board of Indigents' Defense Services, Annual Report to the
Governor and Legislature, Fiscal Year 1996.
  The complete reports are kept on file and open for inspection in the office
of the Chief Clerk.

MESSAGES FROM THE SENATE

  Announcing passage of HB 2042, 2095.
  Announcing passage of HB 2007, as amended; HB 2010, as amended;
HB 2025, as amended; HB 2055, as amended; HB 2056, as
amended; HB 2064, as amended; HB 2082, as amended by S. Sub.
for HB 2082; HB 2143, as amended; HB 2226, as amended; HB
2230, as amended; HB 2255, as amended; HB 2315, as amended;
Sub. HB 2368, as amended.
  Also, announcing adoption of SCR 1612.
  The Senate nonconcurs in House amendments to SB 38, requests a
conference and has appointed Senators Lawrence, Langworthy and Downey as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 145, requests a
conference and has appointed Senators Hardenburger, Becker and Gooch as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 276, requests a
conference and has appointed Senators Corbin, Morris and Biggs as conferees
on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2045 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 Sub.
HB 2081 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
2167 and has appointed Senators Vidricksen, Jordan and Gilstrap as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2202 and has appointed Senators Vidricksen, Jordan and Gilstrap as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2219 and has appointed Senators Corbin, Morris and Biggs as conferees on
the part of the Senate.
  Also, the Senate concurs in House amendments to SB 244.
  The Senate concurs in House amendments to SB 280.
  The Senate nonconcurs in House amendments to Sub. SB 86, requests a
conference and has appointed Senators Steffes, Praeger and Feleciano as
conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 229, requests a
conference and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of
the Senate.
  The Senate nonconcurs in House amendments to SB 282, requests a
conference and has appointed Senators Steffes, Praeger and Hensley as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to Sub. SB 332, requests a
conference and has appointed Senators Vidricksen, Jordan and Gilstrap as
conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS

  The following Senate concurrent resolution was thereupon introduced and 
read by title:

  SCR 1612.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  SB 82, An act concerning weights and measures; relating to test
weights; amending K.S.A. 1996 Supp. 83-304 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 116; Nays 7; 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, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock,
Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Lloyd, J. Long, P. Long, Mason, Mayans, McClure, McCreary, McKinney,

612                           JOURNAL OF THE HOUSE

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, Stone, Storm,
Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Flora, Garner, Howell, McKechnie, Nichols, Spangler, Swenson.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  The bill passed.
  SB 186, An act concerning the state educational institutions;
relating to regulation and control of traffic and parking; amending K.S.A.
1996 Supp. 74-3213 and repealing the existing section, 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, 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, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, 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, 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: Howell, Lloyd, Schwartz, Vickrey.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  The bill passed.
  SB 302, An act concerning the uniform management of institutional
funds act; relating to appropriation of appreciation; amending K.S.A. 58-3602
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, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
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: None.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  The bill passed.

                                 March 31, 1997                             613


MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Hayzlett, the House concurred in Senate amendments to
HB 2093, An act regulating traffic; concerning certain safety equipment;
concerning alteration of maximum speed limits by local authorities; amending
K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and 8-1560 and repealing the
existing sections.
  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, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
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: None.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  On motion of Rep. Hayzlett, the House concurred in Senate amendments to
HB 2170, An act relating to motor vehicles; providing for distinctive
license plates; amending K.S.A. 1996 Supp. 8-177a and 8-1,142 and repealing
the existing sections.
  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, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
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: None.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  On motion of Rep. Morrison, the House concurred in Senate amendments to
HB 2200, An act concerning dentists and dentistry; relating to
disciplinary actions and confidentiality; amending K.S.A. 1996 Supp. 65-1436
and repealing the existing section.
  On roll call, the vote was: Yeas 122; Nays 1; 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, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
McClure, McCreary,

614                           JOURNAL OF THE HOUSE

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, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.
  Nays: Spangler.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  On motion of Rep. Myers, the House concurred in Senate amendments to HB
2381, An act concerning certain public utilities; relating to jurisdiction
to regulate; amending K.S.A. 66-104 and repealing the existing section.
  On roll call, the vote was: Yeas 116; Nays 7; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Correll, 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, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Lloyd, J. Long, P. Long, Mason, McClure, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, 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, Welshimer, Wempe, Wilk, Wilson.
  Nays: Aurand, Cox, Klein, Mayans, McCreary, J. Peterson, Swenson.
  Present but not voting: None.
  Absent or not voting: Dean, Mays.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Haley in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Haley, Committee of the Whole report, as follows, was
adopted:
  Recommended that HB 2213 be passed.
  Committee report to Sub. SCR 1601 be adopted; also, on motion of Rep.
Kirk be amended on page 2, in line 39, by striking ``1999'' and inserting
``1998''; and Sub. SCR 1601 be adopted as amended.
  Committee report to SCR 1608 be adopted and the resolution be adopted
as amended.
  Committee report to SCR 1609 be adopted and the resolution be adopted
as amended.
  Committee report to HB 2330 be adopted; also, on motion of Rep.
Presta to amend, the motion did not prevail and the bill be passed as
amended.
  SB 71 be passed over and retain its place on the calendar.
  Committee report to SB 43 be adopted; also, on motion of Rep.
Spangler to amend, the motion did not prevail and the bill be passed as
amended.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 38.
  Speaker pro tem Wagle thereupon appointed Reps. O'Neal, Shore and Reardon
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 Sub. SB 86.
  Speaker pro tem Wagle thereupon appointed Reps. Cox, Humerickhouse and
Correll as conferees on the part of the House.

                                 March 31, 1997                             615

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 229.
  Speaker pro tem Wagle thereupon appointed Reps. Bradley, Wilson and Kirk 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 276.
  Speaker pro tem Wagle thereupon appointed Reps. Lloyd, Hutchins and Crow 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 282.
  Speaker pro tem Wagle thereupon appointed Reps. Cox, Humerickhouse and
Correll 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 Sub. SB 332.
  Speaker pro tem Wagle thereupon appointed Reps. Hayzlett, Howell and
Thimesch 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 145.
  Speaker pro tem Wagle thereupon appointed Reps. Horst, Glasscock and
Welshimer as conferees on the part of the House.

REPORTS OF STANDING COMMITTEES

  The Committee on Judiciary recommends SB 291, as amended by
Senate Committee, be amended on page 1, after line 16, by inserting the
following:
  ``Section 1.  K.S.A. 22-3212 is hereby amended to read as follows: 22-3212.
(a) Upon request, the prosecuting attorney shall permit the defendant to
inspect and copy or photograph the following, if relevant: (1) Written or
recorded statements or confessions made by the defendant, or copies thereof,
which are or have been in the possession, custody or control of the
prosecution, the existence of which is known, or by the exercise of due
diligence may become known, to the prosecuting attorney; (2) results or
reports of physical or mental examinations, and of scientific tests or
experiments made in connection with the particular case, or copies thereof,
the existence of which is known, or by the exercise of due diligence may
become known, to the prosecuting attorney; (3) recorded testimony of the
defendant before a grand jury or at an inquisition; and (4) memoranda of any
oral confession made by the defendant and a list of the witnesses to such
confession, the existence of which is known, or by the exercise of due
diligence may become known to the prosecuting attorney.
  (b)  Upon request, the prosecuting attorney shall permit the defendant to
inspect and copy or photograph books, papers, documents, tangible objects,
buildings or places, or copies, or portions thereof, which are or have been
within the possession, custody or control of the prosecution, and which are
material to the case and will not place an unreasonable burden upon the
prosecution. Except as provided in subsections (a)(2) and (a)(4), this
section does not authorize the discovery or inspection of reports, memoranda
or other internal government documents made by officers in connection with
the investigation or prosecution of the case, or of statements made by state
witnesses or prospective state witnesses, other than the defendant, except as
may be provided by law.
  (c)  If the defendant seeks discovery and inspection under subsection
(a)(2) or subsection   (b), the defendant shall permit the attorney for the
prosecution to inspect and copy or photograph scientific or medical reports,
books, papers, documents, tangible objects, or copies or portions thereof,
which the defendant intends to produce at the trial any hearing,
and which are material to the case and will not place an unreasonable burden
on the defense. Except as to scientific or medical reports, this subsection
does not authorize the discovery or inspection of reports, memoranda or other
internal defense documents made by the defendant, or the defendant's
attorneys or agents in connection with the investigation or defense of the
case, or of statements made by the defendant, or by prosecution or defense
witnesses, or by prospective prosecution or defense witnesses, to the
defendant, the defendant's agents or attorneys.

616                           JOURNAL OF THE HOUSE

  (d)  The prosecuting attorney and the defendant shall cooperate in
discovery and reach agreement on the time, place and manner of making the
discovery and inspection permitted, so as to avoid the necessity for court
intervention.
  (e)  Upon a sufficient showing the court may at any time order that the
discovery or inspection be denied, restricted or deferred or make such other
order as is appropriate. Upon motion, the court may permit either party to
make such showing, in whole or in part, in the form of a written statement to
be inspected privately by the court. If the court enters an order granting
relief following such a private showing, the entire text of the statement
shall be sealed and preserved in the records of the court to be made
available to the appellate court in the event of an appeal.
  (f)  Discovery under this section must be completed no later than 20 days
after arraignment or at such reasonable later time as the court may permit.
  (g)  If, subsequent to compliance with an order issued pursuant to this
section, and prior to or during trial, a party discovers additional material
previously requested or ordered which is subject to discovery or inspection
under this section, the party shall promptly notify the other party or the
party's attorney or the court of the existence of the additional material. If
at any time during the course of the proceedings it is brought to the
attention of the court that a party has failed to comply with this section or
with an order issued pursuant to this section, the court may order such party
to permit the discovery or inspection of materials not previously disclosed,
grant a continuance, or prohibit the party from introducing in evidence the
material not disclosed, or it may enter such other order as it deems just
under the circumstances.
  (h)  For crimes committed on or after July 1, 1993, the prosecuting
attorney shall provide all prior convictions of the defendant known to the
prosecuting attorney that would affect the determination of the defendant's
criminal history for purposes of sentencing under a presumptive sentencing
guidelines system as provided in K.S.A. 21-4701 et seq. and amendments
thereto.
  (i)  The prosecuting attorney and defendant shall be permitted to inspect
and copy any juvenile files and records of the defendant for the purpose of
discovering and verifying the criminal history of the defendant.'';
  And by renumbering sections accordingly;
  Also on page 1, in line 23, striking ``a'' where it appears for the first
time and inserting ``:   (1) A''; also in line 23, by striking the comma and
inserting ``; (2)''; in line 24, by striking ``or'' and inserting ``; (3)'';
in line 27, by striking ``(1)'' and inserting ``(A)''; in line 29, by
striking ``(2)'' and inserting ``(B)''; in line 30, after the semicolon, by
inserting ``or''; in line 31, by striking ``(3)'' and inserting ``(C)'';
after line 32, by inserting the following:
  ``(4)  any person convicted of any of the following criminal sexual conduct
if one of the parties involved is less than 18 years of age:
  (A)  Adultery as defined by K.S.A. 21-3507, and amendments thereto;
  (B)  criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-3505, and
amendments thereto;
  (C)  promoting prostitution as defined by K.S.A. 21-3513, and amendments
thereto;
  (D)  patronizing a prostitute as defined by K.S.A. 21-3515, and amendments
thereto;
  (E)  lewd and lascivious behavior as defined by K.S.A. 21-3508, and
amendment thereto; or
  (F)  unlawful sexual relations as defined by K.S.A. 21-3520, and amendments
thereto;'';
  Also on page 1, in line 33, by striking ``(4)'' and inserting ``(5)''; in
line 34, by striking ``this'' where it appears for the last time; in line 35,
after ``subsection'' by inserting ``(3) or   (4)''; in line 36, by striking
``this'' where it appears for the last time; also in line 36, before the
semicolon, by inserting ``(3) or (4)''; in line 38, by striking ``(5)'' and
inserting ``(6)''; in line 39, by striking ``21-3301a, 21-3302a or 21-3303a''
and inserting ``21-3301, 21-3302 or 21-3303''; in line 40, by striking
``this''; also in line 40, before the period, by inserting ``(3) or (4)'';
  On page 2, in line 24, before ``K.S.A.'' by inserting ``subsections (a)(2)
and (a)(3) of''; in line 31, by striking all after ``(8)''; by striking all
in lines 32 through 34; in line 35, by striking ``(10)''; by striking all in
lines 37 and 38; in line 39, by striking ``(12)'' and inserting ``(9)''; in

                                 March 31, 1997                             617

line 41, by striking ``(13)'' and inserting ``(10)''; in line 43, by striking
``(14)'' and inserting ``(11)'';
  On page 3, in line 2, by striking ``(13)'' and inserting ``(10)''; in line
5, by striking ``(15)'' and inserting ``(12)''; in line 6, by striking
``21-3301a, 21-3302a or 21-3303a'' and inserting ``21-3301, 21-3302 or
21-3303''; in line 8, by striking ``(16)'' and inserting ``(13)''; in line
31, by striking ``21-3301a, 21-3302a or 21-3303a'' and inserting ``21-3301,
21-3302 or 21-3303'';
  On page 15, in line 4, after ``K.S.A.'' by inserting ``22-3212,'';
  In the title, in line 11, before ``amending'' by inserting ``relating to
discovery and inspection;''; also in line 11, after ``K.S.A.'' by inserting
``22-3212,''; and the bill be passed as amended.

CHANGE OF REFERENCE

  Speaker pro tem Wagle announced the withdrawal of SB 69 from
Committee on Judiciary and referral to Select Committee on Corrections and
Juvenile Justice.
  Also, the withdrawal of SB 36 from Committee on Calendar and Printing
and rereferral to Committee on Education.
  On motion of Rep. Jennison, the House recessed until 2:00 p.m.
 Afternoon Session   The House met pursuant to recess with Speaker
Shallenburger in the chair.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to House Rule 2306, SB 291 was
withdrawn from the calendar under the heading General Orders and referred to
Committee on Federal and State Affairs.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Howell in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Howell, Committee of the Whole report, as follows, was
adopted:
  Recommended that committee report recommending a substitute bill to Sub.
HB 2501 be adopted; also, on motion of Rep. Welshimer to amend, the motion
did not prevail. Also, on further motion of Rep. Welshimer to amend, the
motion did not prevail. Also, on further motion of Rep. Welshimer to amend,
the motion did not prevail. Also, on further motion of Rep. Welshimer to
amend, the motion did not prevail and Sub. HB 2501 be passed.
  Committee report to HB 2509 be adopted; also, on motion of Rep. Pauls
be amended on page 10, in line 40, after ``director'', by inserting ``and an
assistant executive director''; and HB 2509 be passed as amended.
  SB 7; HB 2520 be passed over and retain a place on the calendar.
  Committee report to HB 2516 be adopted; also, on motion of Rep.
Morrison be amended on page 2, in line 14, by striking ``architect'' and
inserting ``officer''; in line 43, by striking ``architect'' and inserting
``officer'';
  On page 3, in line 9, by striking ``architect'' and inserting ``officer'';
in line 12, by striking ``architect'' and inserting ``officer''; in line 17,
by striking ``architect'' and inserting ``officer''; in line 22, by striking
``architect'' and inserting ``officer''; in line 28, by striking
``architect'' and inserting ``officer'';
  On page 4, in line 1, by striking ``architect'' and inserting ``officer'';
in line 3, by striking ``architect'' and inserting ``officer''; in line 16,
by striking ``architect'' and inserting ``officer''; in line 38, by striking
``architect'' and inserting ``officer'';
  On page 8, following line 37, by inserting new material as follows:
  ``Sec. 7.  K.S.A. 1996 Supp. 75-4706 is hereby amended to read as follows:
75-4706. (a) No state agency, as defined in K.S.A. 75-3701 and amendments
thereto, shall lease, cause to be leased, purchase, contract for, issue a
letter of intent to contract for or cause to be installed, any information
processing equipment, including auxiliary equipment or any information
processing programs or systems, or maintenance thereon without the prior

618                           JOURNAL OF THE HOUSE

approval of the Kansas information resources council or specific legislative
authorization. The director of accounts and reports shall not issue any
warrant in payment for any lease or purchase contract for any information
processing equipment, programs and systems acquired without such prior
approval or authorization.
  (b)  All specifications for bids for acquisition of the information
processing equipment, including auxiliary equipment and information
processing programs and systems, or maintenance thereof shall be reviewed by
the chief information architect, under the supervision of the Kansas
information resources council officer. This subsection shall not
apply to the information network of Kansas.
  Sec. 8.  K.S.A. 1996 Supp. 75-4707 is hereby amended to read as follows:
75-4707. Notwithstanding the provisions of K.S.A. 75-3738 and 75-3739 and
amendments thereto, state agencies using information processing equipment
under lease are hereby authorized to enter into contracts with leasing
service companies for purchase by the agency of such equipment with nonstate
funds furnished by such leasing service companies and transfer of title to
such equipment by the agency to such leasing service company for lease back
to the agency. Any such contract shall first be approved by the chief
information architect under the supervision of the Kansas information
resources council officer.
  Sec. 9.  K.S.A. 1996 Supp. 75-4740 is hereby amended to read as follows:
75-4740. (a) There is hereby established the Kansas information resources
council which shall be attached to the department of administration for
purposes of administrative functions.
  (b)  The council shall be composed of 20 members as follows:   The
secretary of administration; the secretary of health and environment; the
secretary of human resources; the secretary of revenue; the secretary of
social and rehabilitation services; the secretary of transportation; the
judicial administrator of the Kansas supreme court; the executive director of
the Kansas board of regents; the chairperson of the joint committee on
computers and telecommunications; the commissioner of education; four
additional chief administrative officers of various state agencies; and three
representatives from the private sector, the chief information architect
officer and the director of the budget to serve as advisory,
nonvoting members. In addition, during those periods of time when the
chairperson of the joint committee on computers and telecommunications is a
member of the senate, one member of the council shall be a member of the
house of representatives appointed by the chairperson of the committee on
appropriations of the house of representatives and during those periods of
time when the chairperson of the joint committee on computers and
telecommunications is a member of the house of representatives, one member of
the council shall be a member of the senate appointed by the chairperson of
the committee on ways and means of the senate. The four chief administrative
officers and representatives from the private sector shall be appointed by
the governor for a term not to exceed 18 months. Members, other than members
appointed to the council, shall be permanent members on the council. Upon
expiration of a member's term, the member shall continue to hold office until
the appointment of a successor.
  (c)  The secretary of administration shall serve as the interim chairperson
until such time as a permanent chair is determined by the council.
  (d)  The council shall hold meetings and hearings in the city of Topeka or
at such times and places as it designates, on call of the chairperson or on
request of four or more members.
  (e)  Members of the council may not appoint an individual to represent them
on the council.
  (f)  Members of the council shall not be eligible for compensation,
subsistence allowances, mileage or other expenses as provided in K.S.A.
75-3223 and amendments thereto for attendance at any meeting of the council
or any subcommittee meeting authorized by the council, except that (1)
agencies may pay subsistence, mileage and other expenses to their
representatives on the council, and (2) legislators serving as members of the
council shall receive compensation and travel expenses and subsistence
expenses or allowances as provided by K.S.A. 75-3212 and amendments thereto.
  Sec. 10.  K.S.A. 1996 Supp. 75-4742 is hereby amended to read as follows:
75-4742. (a) There is hereby established, within and as a part of the
department of administration, an office of the chief information architect
officer, the head of which shall be the chief information
architect officer. Under the supervision of the Kansas
information resources

                                 March 31, 1997                             619

council governor, the chief information architect
officer shall administer the office of the chief information
architect officer.  The chief information architect
officer shall be in the unclassified service under the Kansas civil
service act and shall be appointed by the Kansas information resources
council governor, subject to confirmation by the senate, as provided in
K.S.A. 75-4315b and amendments thereto, and shall serve at the pleasure of
the governor. The chief information officer shall receive an annual salary
fixed by the governor. The person serving as the chief information architect
on the day preceding the effective date of this act shall continue in such
office as the chief information officer and shall serve at the pleasure of
the governor. Such continuation in office as the chief information officer
shall not be subject to confirmation by the senate, as provided in K.S.A.
75-4315b and amendments thereto.
  (b) (1)  The name of the office of the chief information architect is
hereby changed to the office of the chief information officer. All
properties, moneys, appropriations, rights and authorities now vested in the
office of the chief information architect shall be vested in the office of
the chief information officer. Whenever the office of the chief information
architect, or words of like effect, is referred to or designated by any
statute, contract or other document, such reference or designation shall be
deemed to apply to the office of the chief information officer.
  (2)  The title of the chief information architect is hereby changed to the
chief information officer. All properties, moneys, appropriations, rights and
authorities now vested in the chief information architect shall be vested in
the chief information officer. Whenever the chief information architect, or
words of like effect, is referred to or designated by any statute, contract
or other document, such reference or designation shall be deemed to apply to
the chief information officer.
  Sec. 11.  K.S.A. 1996 Supp. 75-4743 is hereby amended to read as follows:
75-4743. The chief information architect officer shall:
  (a)  Initiate and publish the strategic information management plan for the
state;
  (b)  develop and maintain an information infrastructure and standards for
data management;
  (c)  serve as secretary to the Kansas information resources council;
  (d)  propose information resource policies and procedures for approval by
the Kansas information resources council;
  (e)  coordinate implementation of new computer and telecommunication
technologies;
  (f)  coordinate the integration of the state strategic plan and business
processes and information technology where appropriate;
  (g)  audit compliance with infrastructure standards and review findings
with the organization for appropriate action; and
  (h)  serve as counsel to agency executives for information technology
investment management.'';
  And by renumbering sections accordingly;
  Also on page 8, in line 39, by striking ``architect, under the
supervision''; in line 40, by striking all preceding ``shall'' and inserting
``officer'';
  On page 9, in line 3, by striking ``architect'' and inserting ``officer'';
in line 19, by striking ``architect'' and inserting ``officer''; in line 22,
following ``Supp.'' by inserting ``75-4706, 754707, 75-4740, 75-4742, 75-4743
and'';
  On page 1, in the title, in line 10, by striking ``review of certain state
agency'' and inserting ``state agencies; relating to the administration,
structure and personnel thereof; review of activities,''; in line 11, by
striking all following ``estimates''; in line 12, by striking ``position'';
also in line 12, by striking all after ``functions''; in line 13, by striking
``consultations''; in line 14, following ``Supp.'', by inserting ``75-4706,
75-4707, 75-4740, 75-4742, 75-4743 and''; and HB 2516 be passed as
amended.

REPORTS OF STANDING COMMITTEES

  The Committee on Agriculture recommends HR 6012 be adopted.
  The Committee on Education recommends SB 36 be amended by
substituting a new bill to be designated as ``House Substitute for SENATE
BILL No. 36,'' as follows:

620                           JOURNAL OF THE HOUSE

``HOUSE SUBSTITUTE FOR SENATE BILL No. 36
By Committee on Education
``AN ACT concerning school districts; authorizing the adoption of local
option budgets; providing a procedure for authorization to increase such
budgets; amending K.S.A. 1996 Supp. 72-6433 and repealing the existing
section; also repealing K.S.A. 1996 Supp. 726433a.''; and the substitute bill
be passed.
  (H. Sub. for SB 36 was thereupon introduced and read by title.)

REPORT ON ENGROSSED BILLS

  HB 2166 reported correctly engrossed March 28, 1997.
  Also, HB 2093, 2200, 2381 reported correctly re-engrossed March 31,
1997.

REPORT ON ENROLLED BILLS

  HB 2026, 2050, 2058, 2250, 2264, 2305, 2389, 2444 reported correctly
enrolled, properly signed and presented to the governor on March 31, 1997.
  On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Tuesday,
April 1, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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