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


                             SIXTY-FIRST DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                              TOPEKA, KAN., Friday, April 11, 1997, 10:00 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. Tomlinson was excused on excused absence by the Speaker.
  Present later: Rep. Tomlinson.
  Prayer by guest chaplain, the Rev. Tim Waggoner, pastor, Knox United
Presbyterian Church, Overland Park, and guest of Rep. Ray:
     Almighty God, we are gathered together in this particular place on this
   particular morning to make particular decisions which affect so many
   people. We come from different places and backgrounds. Some from rural
   communities, others from cities. We have different family situations, and
   most of all, a diversity of views of what is right for those who reside in
   the state of Kansas. And yet, with all the differences, with all the
   diversity of views, these men and women come to this place eager for the
   work ahead.
     Almighty God, I ask you to be with all who are here this morning, in
   order that the tremendous burden of responsibility which has been laid
   upon their shoulders would not be too great to bear. Where there are
   differences, may you give them the power of patience, wisdom and respect
   to deal with each other in a loving and caring way even in the midst of
   disagreement. May common ground be the order of the day to be an example
   to the rest of the world as to what is right, what is decent, and what is
   acceptable.
     We are reminded that other governing bodies of our nation are meeting
   today, may you be with all who seek to make right decisions today, and may
   all be guided by your spirit. Thank you for this nation, thank you for
   this state, thank you for all who are here this morning. In your name we
   pray. Amen.

MESSAGE FROM THE GOVERNOR

  HB 2038, 2045, 2127, 2137, 2150, 2181, 2188, 2202, 2223, 2298, 2498
approved on April 10, 1997.

MESSAGE FROM THE SENATE

  The Senate nonconcurs in House amendments to SB 234, requests a
conference and has
appointed Senators Oleen, Harrington and Jones as conferees on the part of
the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 234.
  Speaker Shallenburger thereupon appointed Reps. Carmody, Phill Kline and
Garner as conferees on the part of the House.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 63, submits the following report:

                                 April 11, 1997                             835

  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
  On page 3, in line 43, by striking ``guidelines of'' and inserting in lieu
thereof ``regulations promulgated by'';
  On page 4, in line 1, after ``safety'' by inserting ``and''; also in line
1, before the period, by inserting ``, as in effect on July 1, 1997'';
  On page 1, in the title, in line 12, after ``livestock'' by inserting a
semicolon;
  And your committee on conference recommends the adoption of this report.
Joann Flower
John Ballou
Galen Weiland   Conferees on part of House Stephen R. Morris
Dwayne Umbarger
Gerald L. Karr   Conferees on part of Senate   On motion of Rep. Flower, the
conference committee report on SB 63 was adopted.
  On roll call, the vote was: Yeas 115; Nays 8; 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, Cox, Crow, Dahl,
Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Garner, Ger inger, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, J.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morri son, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Pe terson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining,
Wagle, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Aurand, Freeborn, Howell, Kejr, Landwehr, Lloyd, Shore, Weber.
  Present but not voting: None.
  Absent or not voting: Dean, Tomlinson.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 229, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
  On page 7, in line 17, by striking all after the period; by striking lines
18 to 28, inclusive;
  And your committee on conference recommends the adoption of this report.
Nancy A. Kirk
Tom Bradley
Dennis M. Wilson   Conferees on part of House Don Steffes
Sandy Praeger
Paul Feleciano, Jr.   Conferees on part of Senate   On motion of Rep.
Bradley, the conference committee report on SB 229 was adopted.

836                           JOURNAL OF THE HOUSE

  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, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pot torff, Powell, Powers, Presta, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Dean, Tomlinson.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2071, submits the following report:
  The House accedes to all the Senate amendments to the bill, and your
committee on conference further agrees to amend the bill, as printed with
Senate Committee amend ments, as follows:
  On page 6, following line 20, by inserting a section as follows:
  ``Sec. 3.  K.S.A. 40-414 is hereby amended to read as follows: 40-414. (a)
If a life in surance company or fraternal benefit society issues any policy
of insurance, including a contract of annuity, or beneficiary
certificates upon the life of an individual and payable at the death of the
insured, or in any given number of years, to any person or persons having an
insurable interest in the life of the insured, the policy and its reserves,
or their present value, shall inure to the sole and separate use and benefit
of the beneficiaries named in the policy and shall be free from:
  (1)  The claims of the insured or the insured's creditors and
representatives;
  (2)  the claims of any policyholder or the policyholder's creditors and
representatives, subject to the provisions of subsection (b);
  (3)  all taxes, subject to the provisions of subsection (d); and
  (4)  the claims and judgments of the creditors and representatives of any
person named as beneficiary in the policy of insurance.
  (b)  The nonforfeiture value of a life insurance or annuity policy
shall not be exempt from:
  (1)  Claims of the creditors of a policyholder who files a bankruptcy
petition under 11 U.S.C. (section) 101 et seq. on or within one year after
the date the life insurance policy is issued on or within three
years after the date the annuity policy is issued; or
  (2)  the claim of any creditor of a policyholder if execution on judgment
for the claim is issued on or within one year after the date that the life
insurance policy is issued or on or within three years after the date
the annuity policy is issued.
  (c)  Nothing in this section shall be construed as restricting the right of
the insured to change the beneficiary if the policy reserves that right to
the insured.
  (d)  Nothing in this section shall be construed as exempting from taxation
any real estate which may at any time be carried by any life insurance
company as a part of its legal reserve.
  (e)  The provisions of subsection (b) shall apply only to life insurance
or annuity policies purchased on or after July 1, 1988.
  (f)  The provisions of subsection (b) shall not apply to that portion of
the nonforfeiture value of a life insurance policy, issued on or within one
year of the filing of a bankruptcy petition under 11 U.S.C. (section) 101 et
seq. or an execution on judgment for the claim of the

                                 April 11, 1997                             837

creditor, which is derived from the surrender of a life insurance policy
issued more than one year prior to such bankruptcy petition or such
execution.
  (g)  The provisions of subsection (b) shall not apply to that portion of
the nonforfeiture value of an annuity policy, issued on or within three years
of the filing of a bankruptcy petition under 11 U.S.C. &101 et
seq. or an execution on judgment for the claim of the creditor, which
is derived from the surrender of an annuity policy issued more than three
years prior to such bankruptcy petition or such execution.'';
  And by renumbering the remaining sections accordingly;
  Also on page 6, in line 21, before ``40-241i'' by inserting ``40-112, as
amended by section 2 of 1997 House Bill No. 2104,''; also in line 21, after
``40-241i'', by inserting ``, 40-2,125, as amended by section 6 of 1997 House
Bill 2104, and 40-414'';
  In the title, in line 12, after ``insurance'' by inserting a semicolon; in
line 15, after ``241i'' by inserting ``and 40-414''; in line 15, after
``sections'' by inserting ``; also repealing 40-112, as amended by section 2
of 1997 House Bill No. 2104, and 40-2,125, as amended by section 6 of 1997
House Bill No. 2104'';
  And your committee on conference recommends the adoption of this report.
Don Steffes
Sandy Praeger
Paul Feleciano, Jr.   Conferees on part of Senate Nancy A. Kirk
Dennis M. Wilson
Tom Bradley   Conferees on part of House   On motion of Rep. Bradley to adopt
the conference committee report on HB 2071, Rep. Carmody offered a
substitute motion to not adopt the conference committee report and asked that
a new conference committee be appointed. The substitute motion prevailed.
  Speaker Shallenburger thereupon appointed Reps. Bradley, Wilson and Kirk as
third conferees on the part of the House.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Bradley, the House concurred in Senate amendments to
Sub. HB 2081, An act relating to insurance; rate making and rating
organizations; advisory organi zations; rate administration and statistical
plans; rebating of premium; repealing K.S.A. 40925, 40-926, 40-927, 40-928,
40-928a, 40-929, 40-930, 40-931, 40-932, 40-933, 40-934, 40935, 40-936,
40-937, 40-939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945, 40-1111,
40-1111a, 40- 1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 40-1114a, 40-1115,
40-1116, 40-1117, 40-1118, 40-1121, 40-1122, 40-1123, 40-1124 and 40-1125.
(The House requested the Senate to return the bill, which was in conference).
  On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pot torff, 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.

838                           JOURNAL OF THE HOUSE

  Absent or not voting: Dean.
  On motion of Rep. Glasscock, the House concurred in Senate amendments to
HB 2490, An act concerning the practice of geology; providing for
licensure and regulation as a tech nical profession; amending K.S.A. 74-7005
and 74-7006 and K.S.A. 1996 Supp. 74-7003 and 74-7013 and repealing the
existing sections, by Committee on Federal and State Affairs. (The House
requested the Senate to return the bill, which was in conference).
  On roll call, the vote was: Yeas 84; Nays 40; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Bradley, Burroughs,
Campbell, Car mody, Compton, Cox, Crow, Dahl, Dillon, Dreher, Edmonds,
Empson, Farmer, Findley, Flaharty, Flower, Franklin, Geringer, Gilmore,
Glasscock, Gregory, Helgerson, Henderson, Holmes, Horst, Huff, Humerickhouse,
Hutchins, Johnson, Kirk, Klein, Phil Kline, Kuether, Landwehr, Lane, J. Long,
Mason, Mayans, Mays, McClure, McCreary, Minor, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Toelkes,
Tomlinson, Toplikar, Vin ing, Wagle, Wempe, Wilk, Wilson.
  Nays: Aurand, Ballou, Boston, Correll, Faber, Feuerborn, Flora, Freeborn,
Garner, Gil bert, Grant, Haley, Hayzlett, Henry, Howell, Jennison, Johnston,
Kejr, Phill Kline, Krehbiel, Larkin, Lloyd, P. Long, McKechnie, McKinney,
Mollenkamp, Packer, E. Peterson, Presta, Sawyer, Schwartz, Shallenburger,
Shore, Swenson, Thimesch, Vickrey, Weber, Weiland, Wells, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY

  On motion of Rep. Jennison, SCR 1614, A concurrent resolution
relating to the adjourn ment of the senate and house of representatives for a
period during the 1997 regular session of the legislature, was adopted.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that
  Request No. 103, by Representative Thimesch, congratulating members
of the Goddard High School Band, in recognition of their participation in the
1996 National Holiday Bowl Festival Events;
  Request No. 104, by Representative Schwartz, congratulating Elizabeth
Graham, second runner-up in the 1997 Junior Miss Contest;
  Request No. 105, by Representatives Ballard, Findley and Sloan,
recognizing the Uni versity of Kansas Men's Basketball Team for their many
memorable achievements during the 1996-97 basketball season;
  Request No. 106, by Representative Toelkes, commending Zane Samuel
Hoffman on achieving the Eagle Scout Award;
  Request No. 107, by Representative Shallenburger and 124 others, a
resolution in honor of Richard Ryan;
  Request No. 108, by Representative Horst, congratulating Benjamin
Nathaniel Holston for achieving the Eagle Scout Award;
  Request No. 109, by Representative Freeborn, congratulating Mark
Lobaugh for his selection to the Kansas Teacher Hall of Fame;
  Request No. 110, by Representative Grant, congratulating Buckley
York, Crawford County's Top Speller;
  Request No. 111, by Representative Schwartz, congratulating Amos and
Joyce Blecha, Kansas Master Farmer and Homemaker;
  Request No. 112, by Representative Weber, congratulating Martha House
in honor of being recognized as a Master Teacher for 1997;
  Request No. 113, by Representative Weber, congratulating Jason Porter
on achieving the Eagle Scout Award;

                                 April 11, 1997                             839

  Request No. 114, by Representative Weber, congratulating Dr. Michael
L. Whitehair, 1996 Kansas Veterinarian of the Year;
  Request No. 115, by Representative P. Long, commending Trenton Coe
for being named an All-American Scholar by the United States Achievement
Academy;
  Request No. 116, by Representative P. Long, commending Tracy Coe for
being named a United States National Award Winner in History and Government
and an All-American Scholar;
  Request No. 117, by Representative P. Long, commending Lyle Hawthorne
for being named a United States National Award winner in Foreign Language;
  Request No. 118, by Representative Johnson, commending the City of
Russell for re ceiving a 1997 Community Achievement Award;
  Request No. 119, by Representative Shallenburger, commending Paul
Buckner for 50 years of service to the Baxter Springs Fire Department;
  Request No. 120, by Representative Adkins, commending Marcia
Rinehart, in recog nition of distinguished service as Mayor of the City of
Leawood;
  Request No. 121, by Representative Adkins, commending Doug Patterson,
in recogni tion of outstanding service as a member of the Leawood City
Council;
be approved and the Chief Clerk of the House be directed to order the
printing of said certificates and order drafting of said resolutions.
  On motion of Rep. Jennison, the committee report was adopted.
  On motion of Rep. Jennison, the House recessed until 1:00 p.m.
Afternoon Session   The House met pursuant to recess with Speaker pro tem
Wagle in the chair.
  Reps. Lloyd and O'Neal were excused later on excused absence by the
Speaker.
  Present later: Rep. Lloyd.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bill was introduced and read by title:
  HB 2575, An act relating to state officers and employees;
establishing a short term dis ability program; authorizing payroll deductions
therefor, by Committee on Appropriations.

MESSAGE FROM THE SENATE

  Announcing adoption of SCR 1613.
  Announcing passage of HB 2497.
  The Senate adopts conference committee report on SB 145.
  The Senate adopts conference committee report on SB 165.
  The Senate adopts conference committee report on HB 2064.
  The Senate not adopts the conference committee report on SB 146,
requests a new conference committee be appointed, and has appointed Senators
Hardenburger, Becker and Gooch as second conferees on the part of the Senate.
  Announcing rejection of HB 2307.
  Announcing rejection of Sub. HB 2331.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS

  The following Senate concurrent resolution was thereupon introduced and
read by title:
  SCR 1613.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 146.
  Speaker pro tem Wagle thereupon appointed Reps. Flower, Ballou and Weiland
as second conferees on the part of the House.

840                           JOURNAL OF THE HOUSE


CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to Substitute for SB 86, submits the following report:
  The House recedes from all of the House amendments to the bill, and your
committee on conference further agrees to amend the bill, as printed as
Substitute for Senate Bill No. 86, as follows:
  On page 13, in line 17, by striking ``(j) of K.S.A. 75-4201, and amendments
thereto'' and inserting ``(f)''; in line 26, by striking ``(j) of K.S.A.
75-''; in line 27, by striking ``4201, and amendments thereto'' and inserting
``(f)'';
  On page 14, in line 36, by striking ``(j) of K.S.A. 75-4201, and''; in line
37, by striking ``amendments thereto'' and inserting ``(f)'';
  On page 15, in line 1, by striking ``(j) of K.S.A. 75-''; in line 2, by
striking ``4201, and amendments thereto'' and inserting ``(f)''; in line 12,
by striking ``(j) of K.S.A. 75-4201, and amendments''; in line 13, by
striking ``thereto'' and inserting ``(f)''; following line 19, by inserting
the following:
  ``(f)  As used in this section, ``investment rate'' means a rate which
is the equivalent yield for United States government securities having a
maturity date as published in the Wall Street Journal, nearest the maturity
date for equivalent maturities. The 0-90 day rate shall be computed on the
average effective federal funds rate as published by the federal reserve
system for the previous week.'';
  On page 18, following line 25, by inserting the following:
  ``Sec. 14.  K.S.A. 1996 Supp. 12-1677d is hereby amended to read as
follows: 12-1677d.   (a) As used in this act:
  (1)  ``Municipality'' means any city, county or other political or taxing
subdivision of the state.
  (2)  ``Foundation'' means any not for profit charitable or
eleemosynary corporation es tablished by a municipality which is exempt
from taxation pursuant to section 501(c)(3) of the internal revenue code and
which has been in existence at least 15 years. Any such foundation is
hereby deemed to be a public body.
  (b)  The board of directors of any foundation shall invest the funds held
by such foun dation which are not required immediately for the purposes of
the foundation in the manner provided by this section:
  (1)  Any funds in an amount equal to 110% of the average annual expenses of
the foun dation for the next preceding five years may be invested in the
manner provided by K.S.A. 12-1675, and amendments thereto. If funds in the
amount required by this paragraph are available from the municipality which
established the foundation, the foundation may invest all of its funds in the
manner provided in paragraph (2).
  (2)  Any funds exceeding the amount described in paragraph (1) may be
invested in such investments that may be lawful for fiduciaries in this state
and also may be invested in such investments as would be lawful for a private
corporation or other foundation having purposes similar to the foundation. No
moneys derived pursuant to any tax may be invested under this paragraph.
  (c)  Nothing in this act shall effect the status of the foundation as a
municipal entity.
  (d)  The provisions of this section shall apply to foundations whether
created before or after the effective date of this act. Any investment of
funds by a foundation prior to July 1, 1997, which would have complied with
the provisions of this section, as amended by this act, are hereby
validated.'';
  And by renumbering sections accordingly;
  On page 19, following line 7, by inserting the following:
  ``Sec. 16.  K.S.A. 68-2060 is hereby amended to read as follows: 68-2060.
All moneys received pursuant to the authority of this act, whether as
proceeds from the sale of bonds or as revenues or otherwise, shall be deemed
to be trust funds to be held and applied solely as provided in this act. Any
officer with whom, or any bank or trust company with which, such moneys shall
be deposited shall act as trustee of such moneys and shall hold and apply the
same for the purposes hereof, subject to such regulations as this act and the
resolution authorizing the bonds or the trust agreement securing such bonds
may provide. Trust funds

                                 April 11, 1997                             841

received pursuant to this act may be invested as determined by the authority
with banks authorized to do business in Kansas at rates of interest not less
than the investment rate, as defined in subsection (1) of K.S.A. 75-4201
(f) of K.S.A. 12-1675, and amendments thereto or in direct
obligations of the United States or in obligations that are fully guaranteed
as to principal and interest by the United States.'';
  And by renumbering sections accordingly;
  Also on page 19, by striking all of lines 26 through 36; in line 37, by
striking ``(k)'' and inserting ``(i)''; in line 40, by striking ``(l)'' and
inserting ``(j)'';
  On page 20, in line 1, by striking ``(m)'' and inserting ``(k)'';
  On page 21, in line 16, by striking ``(n)'' and inserting ``(l)''; in line
22, by striking ``(o)'' and inserting ``(m)''; in line 29, by striking
``(p)'' and inserting ``(n)''; in line 31, by striking ``(q)'' and inserting
``(o)''; in line 34, by striking ``(r)'' and inserting ``(p)''; in line 36,
by striking ``(s)'' and inserting ``(q)''; in line 39, by striking ``(t)''
and inserting ``(r)'';
  On page 22, in line 1, by striking ``(u)'' and inserting ``(s)''; following
line 4, by inserting the following:
  ``Sec. 18.  K.S.A. 1996 Supp. 75-4208 is hereby amended to read as follows:
75-4208. The board shall follow the procedure prescribed in rules and
regulations adopted under the provisions of K.S.A. 1996 Supp. 75-4232, in
designating banks to receive deposit of state moneys in operating accounts
and investment accounts. The board shall determine which banks shall receive
state operating and investment accounts and shall designate the types of
accounts to be awarded each such bank and the initial amount of each award.
Such initial awards which are operating accounts shall be made as provided in
K.S.A. 75-4205, and amendments thereto. Such initial awards which are
investment accounts shall be appor tioned awarded as is provided
in K.S.A. 75-4209, and amendments thereto. Upon making the awards provided
for above, the board shall notify each bank of its award, and that the same
is subject to approval of securities to be pledged as prescribed in this act.
  Sec. 19.  K.S.A. 1996 Supp. 75-4209 is hereby amended to read as follows:
75-4209. (a) After the director of investments determines the liquidity
needs for the state, and determines the varying maturities of the investment
accounts to be offered and the amount of state moneys to be invested in each
of the maturities offered, in accordance with rules and regulations adopted
pursuant to K.S.A. 1996 Supp. 75-4232, and amendments thereto, the director
of investments shall make available state moneys eligible for investment
accounts in the following manner:
  (1) (A)  The director of investments shall offer to qualified banks, on a
competitive bid basis, state moneys for deposit in investment accounts at
maturities of not more than four years and such bids shall be at a rate of at
least the market rate, as defined in subsection   (k) of K.S.A. 75-4201, and
amendments thereto.
  (B)  As part of the offering under subparagraph (A) the director of
investments shall offer to qualified banks, on a twelve-month average, 50% of
the amount of state moneys available for investment or $350,000,000,
whichever amount is greater, at maturities of not more than four years and at
the investment rate as defined in subsection (l) of K.S.A. 754201, and
amendments thereto. Such accounts shall be apportioned by the director of in
vestments among the banks which propose to receive such accounts and which
qualify therefor on the basis of the ratio of each bank's combined capital,
undivided profits and surplus to the total capital, undivided profits and
surplus of all such banks.
  (C)  Qualified banks shall be determined in accordance with requirements
established by rules and regulations adopted pursuant to K.S.A. 1996 Supp.
75-4232, and amendments thereto.
  (2)  The director of investments may invest and reinvest state moneys
eligible for in vestment which are not invested in accordance with
paragraph (1) section 26, in the following investments:
  (A) (1)  Direct obligations of, or obligations that are insured
as to principal and interest by, the United States of America or any agency
thereof and obligations and securities of the United States sponsored
enterprises which under federal law may be accepted as security for public
funds, on and after the effective date of this act moneys available for
investment under this subsection shall not be invested in mortgage-backed
securities of such enterprises

842                           JOURNAL OF THE HOUSE

and of the government national mortgage association, except that any such
mortgage-backed securities held prior to the effective date of this act may
be held to maturity;
  (B) (2)  repurchase agreements with a Kansas bank or a primary
government securities dealer which reports to the market reports division of
the federal reserve bank of New York for direct obligations of, or
obligations that are insured as to principal and interest by, the United
States government or any agency thereof and obligations and securities of
United States government sponsored enterprises which under federal law may be
accepted as se curity for public funds;
  (C)  investments in SKILL act projects and bonds pursuant to K.S.A. 1996
Supp. 748920, and amendments thereto, and investments in any state agency
bonds or bond project;
  (D)  until July 1, 1996, in the municipal investment pool fund, created
under K.S.A. 1996 Supp. 12-1677a, and amendments thereto, in accordance with
the policies adopted by the board on January 30, 1995. Any investment of such
state moneys in such fund prior to the effective date of this act are hereby
authorized, confirmed and validated. On July 1, 1996, all state moneys
invested in the municipal investment pool fund under this paragraph shall be
removed from such fund; or
  (E) (3)  commercial paper that does not exceed 270 days to
maturity and which has received one of the two highest commercial paper
credit ratings by a nationally recognized investment rating firm.
  (b)  At any time moneys are available for deposits or investments for a
period of time which is insufficient to permit deposit in investment accounts
or to provide for the liquidity needs for the state, the director of
investments may invest such moneys in repurchase agreements as authorized in
subparagraph (B) of paragraph (2) of subsection (a) When moneys are
available for deposit or investments, the director of investments may invest
in SKILL act projects and bonds pursuant to K.S.A. 1996 Supp. 74-8920, and
amendments thereto, and in state agency bonds and bond projects.
  (c)  When moneys are available for deposits or investments, the director of
investments may invest in preferred stock of Kansas venture capital, inc.,
under terms and conditions prescribed by K.S.A. 74-8203, and amendments
thereto, but such investments shall not in the aggregate exceed a total
amount of $10,000,000.
  (d)  When moneys are available for deposits or investments, the director of
investments may invest in loans pursuant to legislative mandates, except that
not more than the lesser of 10% or $80,000,000 of the state moneys shall be
invested.
  (e)  Interest on investment accounts in banks is to be paid at maturity,
but not less than annually.
  (f)  Investments made by the director of investments under the provisions
of this section shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the
probable income to be derived.
  (g)  Investments under subsection (a) or (b) of this section or under
section 26 shall be for a period not to exceed four years.
  (h)  Investments in securities under subparagraph (A) of paragraph (2)
paragraph (1) of subsection (a) shall be limited to securities which
do not have any more interest rate risk than do direct United States
government obligations of similar maturities. For purposes of this
subsection, ``interest rate risk'' means market value changes due to changes
in current interest rates.
  (i)  On and after July 1, 1996, The director of investments shall not
invest state moneys eligible for investment under paragraph (2) of
subsection (a), in the municipal investment pool fund, created under K.S.A.
1996 Supp. 12-1677a, and amendments thereto.
  (j)  The director of investments shall not invest moneys in the pooled
money investment portfolio in derivatives. As used in this subsection,
``derivatives'' means a financial contract whose value depends on the value
of an underlying asset or index of asset values.
  (k)  Moneys and investments in the pooled money investment portfolio shall
be invested and reinvested by the director of investments in accordance with
investment policies de veloped, approved, published and updated on an annual
basis by the board. Such investment policies shall include at a minimum
guidelines which identify credit standards, eligible in

                                 April 11, 1997                             843

struments, allowable maturity ranges, methods for valuing the portfolio,
calculating earnings and yields and limits on portfolio concentration for
each type of investment. Any changes in such investment policies shall be
approved by the pooled money investment board. Such investment policies may
specify the contents of reports, methods of crediting funds and accounts and
other operating procedures.
  (l)  The board shall adopt rules and regulations to establish an overall
percentage limi tation on the investment of moneys in investments authorized
under subparagraph (E) of paragraph (2) paragraph (3) of
subsection (a), and within such authorized investment, the board shall
establish a percentage limitation on the investment in any single business
entity.
  Sec. 20.  K.S.A. 1996 Supp. 75-4210 is hereby amended to read as follows:
75-4210. The director of investments shall calculate the investment rate, as
defined in subsection (l) of K.S.A. 75-4201 subsection (f) of K.S.A.
12-1675, and amendments thereto, on Monday of each week and publish such
rate that week in the Kansas register. The director of in vestments shall
also calculate the market rate as defined in subsection (k) of K.S.A. 75-4201
and amendments thereto on the day before the offering of moneys to Kansas
banks.
  Sec. 21.  K.S.A. 1996 Supp. 75-4212a is hereby amended to read as follows:
75-4212a. Whenever the balance in operating accounts is insufficient to meet
the state's obligations or withdrawals from the municipal investment pool
fund, and there are state moneys in authorized investments, the director of
investments, with approval of the board, may:
  (a)  Borrow upon the security of any one or more investment accounts an
amount suf ficient to meet the state's or the municipal investment pool
fund's obligations. Any such loan shall be repaid in full within 60 days or
prior to July 1, whichever occurs first. Interest payment by the state for
any loan under this section shall be made only by way of setoff from interest
obligations to the state from the bank making such loan. The amount borrowed
under this section from any bank, shall never exceed an amount equal to the
amount of state moneys on deposit in such bank; or
  (b)  enter into reverse repurchase agreements utilizing securities
purchased by the board pursuant to subsection (a)(2)(A) of K.S.A.
75-4209, and amendments thereto. Such reverse repurchase agreements may
be entered into with Kansas banks or primary government securities dealers
which report to the market reports division of the federal reserve bank of
New York. Expenses of reverse repurchase agreements shall be paid by
deducting such expenses against other interest income to the state.'';
  And by renumbering sections accordingly;
  On page 25, following line 32, by inserting the following:
  ``Sec. 25.  K.S.A. 1996 Supp. 75-4263 is hereby amended to read as follows:
75-4263.   (a) Except as provided in subsection (b), moneys of a state agency
or public instrumentality of this state which may be invested by the director
of investments in accordance with in vestment policies established by the
pooled money investment board under K.S.A. 75-4232, and amendments thereto,
expressly for such agency or instrumentality, or invested directly by the
agency or instrumentality, may be invested in the municipal investment pool
fund established in K.S.A. 1996 Supp. 12-1677a and amendments thereto. Such
agency or in strumentality shall be treated as a municipality for purposes of
participation in such fund.
  (b)  On and after July 1, 1996, state moneys eligible for investment under
paragraph (2) of subsection (a) of K.S.A. 75-4209, and amendments
thereto, shall not be invested in the municipal investment pool fund.
  New Sec. 26.  (a) The director of investments shall accept requests from
banks inter ested in obtaining investment accounts of state moneys. Such
requests may be submitted any business day and shall specify the dollar
amount, maturity or maturity range and interest rate. If the interest rate
bid by the bank is at or greater than the market rate determined by the
director of investments in accordance with subsection (b), the director of
investments is authorized to award the investment account to the bidding bank
at the market rate. Awards of investment accounts pursuant to this section
shall be subject to investment policies of the pooled money investment board.
When multiple bids are received and are in excess of the amount available for
investment that day for any maturity, awards shall be made available in
ascending order from smallest to largest dollar amount bid, subject to
investment policies of the board.

844                           JOURNAL OF THE HOUSE

  (b)  The market rate shall be determined each business day by the director
of invest ments, in accordance with any procedures established by the pooled
money investment board. Subject to any policies of the board, the market rate
shall reflect the highest rate at which state moneys can be invested on the
open market in investments authorized by sub section (a) of K.S.A. 75-4209
and amendments thereto for equivalent maturities.
  New Sec. 27.  Notwithstanding any other provisions of law, any bank,
savings and loan association or savings bank, as defined in section 1, whose
most recent community rein vestment act rating with respect to its main
office or branches located in Kansas was less than satisfactory, shall be
ineligible to receive deposits of, or act as custodian for securities pledged
to secure repayment of, public moneys.
  New Sec. 28.  Notwithstanding any other provisions of law, any bank,
savings and loan association or savings bank, as defined in section 9, whose
most recent community rein vestment act rating with respect to its main
office or branches located in Kansas was less than satisfactory, shall be
ineligible to receive deposits of, or act as custodian for securities pledged
to secure repayment of, public moneys.
  New Sec. 29.  Notwithstanding any other provisions of law, any bank,
savings and loan association or savings bank, as defined in K.S.A. 75-4201,
and amendments thereto, whose most recent community reinvestment act rating
with respect to its main office or branches located in Kansas was less than
satisfactory, shall be ineligible to receive deposits of, or act as custodian
for securities pledged to secure repayment of, state moneys.'';
  Also on page 25, in line 33, by striking ``and 17-5002'' and inserting ``,
17-5002 and 682060''; in line 34, following ``12-1677a,'' by inserting
``12-1677d,''; in line 35, following ``754201,'' by inserting ``75-4208,
75-4209, 75-4210, 75-4212a,''; also in line 35, by striking ``and 75-4220''
and inserting ``, 75-4220 and 75-4263'';
  On page 1, in the title, in line 10, by striking ``and 17-5002'' and
inserting ``, 17-5002 and 68-2060''; in line 11, following ``12-1677a,'' by
inserting ``12-1677d,''; in line 12, following ``75-4201,'' by inserting
``75-4208, 75-4209, 75-4210, 75-4212a,''; also in line 12, by striking ``and
75-4220'' and inserting ``, 75-4220 and 75-4263'';
  And your committee on conference recommends the adoption of this report.
Ray L. Cox
Vernon Correll   Conferees on part of House Don Steffes
Sandy Praeger
Paul Feleciano, Jr.   Conferees on part of Senate   On motion of Rep. Cox to
adopt the conference committee report on Sub. SB 86, Rep. Humerickhouse
offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed.
  Roll call was demanded.
  On roll call, the vote was: Yeas 61; Nays 58; Present but not voting 0;
Absent or not voting 6.
  Yeas: Alldritt, Ballou, Boston, Burroughs, Compton, Dahl, Dillon, Edmonds,
Empson, Faber, Farmer, Feuerborn, Flora, Flower, Freeborn, Garner, Grant,
Hayzlett, Henry, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Johnson,
Kejr, Landwehr, Larkin, P. Long, Mason, Mayans, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Osborne,
Packer, Palmer, J. Peterson, Powers, Presta, Samuelson, Schwartz,
Shallenburger, Shore, Showalter, Swenson, Tanner, Thimesch, Vick rey, Vining,
Wagle, Weber, Weiland, Wempe.
  Nays: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Campbell, Carmody,
Correll, Cox, Crow, Dreher, Findley, Flaharty, Franklin, Geringer, Gilbert,
Gilmore, Glasscock, Gregory, Haley, Helgerson, Henderson, Horst, Huff,
Johnston, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Lane, J. Long, Mays,
Nichols, Pauls, E. Peterson, Phelps, Pottorff, Powell, Ray, Reardon,
Reinhardt, Ruff, Sawyer, Sharp, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Toelkes, Tomlinson, Toplikar, Wells, Welshimer, Wilk.

                                 April 11, 1997                             845

  Present but not voting: None.
  Absent or not voting: Bradley, Dean, Krehbiel, Lloyd, O'Neal, Wilson.
  The substitute motion prevailed.
  Speaker pro tem Wagle thereupon appointed Reps. Cox, Humerickhouse and
Correll as third conferees on the part of the House.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 7, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
  On page 32, after line 18, by inserting the following:
  ``Section 1.  K.S.A. 1996 Supp. 79-5028 is hereby amended to read as
follows: 79-5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and
amendments thereto, shall not apply to or limit the levy of taxes for the
payment of:
  (a)  Principal and interest upon state infrastructure loans, bonds,
temporary notes, nofund warrants and payments made to a public building
commission;
  (b)  judgments, settlements and expenses for protection against liability
to the extent such expenses are authorized by article 61 of chapter 75 of the
Kansas Statutes Annotated and amendments thereto;
  (c)  employer contributions for social security, workers compensation,
unemployment insurance, health care costs, employee benefit plans, and
employee retirement and pension programs;
  (d)  expenses incurred by counties for district court operations under the
provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and expenses
incurred by counties for the detention of juveniles;
  (e)  expenses incurred by counties for payment of out-district tuition to
community col leges pursuant to K.S.A. 71-301, and amendments thereto, and
expenses incurred by coun ties and townships for payment of out-district
tuition to municipal universities pursuant to K.S.A. 13-13a26, and amendments
thereto;
  (f)  expenses incurred for the first time on and after January 1, 1996, by
cities in effec tuating programs specifically enacted and administered for
the purpose of preventing ju venile delinquency and crime; or
  (g)  expenses incurred by any taxing subdivision for rebates to owners of
property in connection with a neighborhood revitalization program instituted
in accordance with K.S.A. 1995 1996 Supp. 12-17,114 et seq., and
amendments thereto; or
  (h)  expenses incurred by any taxing subdivision necessary to interface
with the state criminal justice information system.
  The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments
thereto, do not apply to the tax levies authorized or required under K.S.A.
19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.
  Amounts produced from any taxes levied for purposes specified in this
section shall not be used in computing any aggregate limitation under the
provisions of this act. In addition, amounts needed to be produced from the
levy of taxes by a taxing subdivision to replace the difference between the
amount of revenue estimated to be received by such taxing subdivision
pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
and the amount of such revenue estimated to be received by such taxing
subdivision in each year thereafter shall not be used in computing any
aggregate limitation under the provisions of this act. On or before June 1 of
each year, information necessary to make such computation shall be provided
to each taxing subdivision by the appropriate county treasurer.'';
  By renumbering existing sections accordingly;
  On page 33, in line 1, by striking ``1998'' and inserting ``1999''; in line
9, before ``79-5036'' by inserting ``79-5028,'';
  In the title, in line 22, before ``79-5036'' by inserting ``79-5028,'';

846                           JOURNAL OF THE HOUSE

  And your committee on conference recommends the adoption of this report.
Phill Kline
Tony Powell
Bruce Larkin   Conferees on part of House Audrey Langworthy
David R. Corbin
Janis K. Lee   Conferees on part of Senate   On motion of Rep. Phill Kline,
the conference committee report on SB 7 was adopted.
  On roll call, the vote was: Yeas 119; Nays 0; Present but not voting 0;
Absent or not voting 6.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Gar ner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKin ney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Presta, Ray, Rear don, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showal ter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Bradley, Dean, Kirk, Lloyd, O'Neal, Wilson.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 147, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
  On page 2, by striking all of lines 9 through 12; by renumbering section 5
as section 4;
  And your committee on conference recommends the adoption of this report.
Don Myers
Clay Aurand
Dennis McKinney   Conferees on part of House Pat Ranson
Stan Clark
Jim Barone   Conferees on part of Senate   On motion of Rep. Myers, the
conference committee report on SB 147 was adopted.
  On roll call, the vote was: Yeas 119; Nays 0; Present but not voting 0;
Absent or not voting 6.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Gar ner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKin

                                 April 11, 1997                             847

ney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell,
Powers, Presta, Ray, Rear don, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showal ter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Bradley, Dean, Kirk, Lloyd, O'Neal, Wilson.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 333, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
  On page 1, in line 19, before ``K.S.A.'' by inserting ``On and after July
1, 1997,'';
  On page 2, in line 30, by striking ``derives no operating revenues from
intrastate opera tions'' and inserting ``is under the jurisdiction of the
commission and has not filed an annual report with the commission pursuant to
K.S.A. 66-123, and amendments thereto, prior to the beginning of the
commission's fiscal year''; in line 34, by striking ``, 3/5 of 1% of its''
and inserting ``under the jurisdiction of the commission, 0.6% of the public
utility's or common carrier's'';
  On page 3, in line 7, after ``entity'' by inserting ``, other than a
residential or small com mercial ratepayer,''; in line 11, before ``K.S.A.''
by inserting ``On and after July 1, 1997,''; in line 43, by striking ``$400''
and inserting ``$100'';
  On page 4, in line 18, before ``K.S.A.'' by inserting ``On and after July
1, 1997,''; in line 36, before ``K.S.A.'' by inserting ``On and after July 1,
1997,'';
  On page 5, after line 23, by inserting:
  ``Sec. 5.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-101d is hereby
amended to read as follows: 66-101d. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all sched ules of
rates and rules and regulations of electric public utilities. If after
investigation and hearing the commission finds that such rates or rules and
regulations are unjust, unreason able, unjustly discriminatory or unduly
preferential, the commission shall have the power to establish and order
substituted therefor such rates and such rules and regulations as are just
and reasonable.
  If after investigation and hearing it is found that any regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission shall have the power
to substitute therefor such other regulations, measurements, practices,
service or acts, and to make such order respecting any such changes in such
regulations, measurements, practices, service or acts as are just and
reasonable. When, in the judgment of the commission, public necessity and
convenience require, the commission shall have the power to establish just
and reasonable concentration or other special rates, charges or privileges,
but all such rates, charges and privileges shall be open to all users of a
like kind of service under similar circumstances and conditions.
  Hearings shall be conducted in accordance with the provisions of the Kansas
administra tive procedure act, unless, in the case of a general
investigation, for good cause, the com mission orders otherwise.
  Sec. 6.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-101e is hereby
amended to read as follows: 66-101e. Upon a complaint in writing made against
any electric public utility governed by this act that any of the rates or
rules and regulations of such electric public utility are in any respect
unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential,
or both, or that any regulation, practice or act whatsoever affecting or
relating

848                           JOURNAL OF THE HOUSE

to any service performed or to be performed by such electric public utility
for the public, is in any respect unreasonable, unfair, unjust, unreasonably
inefficient or insufficient, un justly discriminatory or unduly preferential,
or that any service performed or to be per formed by such electric public
utility for the public is unreasonably inadequate, inefficient, unduly
insufficient or cannot be obtained, the commission shall may
proceed, with or with out notice, to make such investigation as it deems
necessary.
  The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, rules and regulations, practices or acts complained of shall be made
or entered by the commission without a formal public hearing, of which due
notice shall be given by the commission to such electric public utility or to
such complainant or complainants, if any, in accordance with the provisions
of the Kansas administrative procedure act. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a commis sioner shall be deemed the
investigations, hearings, decisions and orders of the commission, when
approved by the commission.
  The commission shall have power to require electric public utilities to
make such im provements and do such acts as are or may be required by law to
be done by any such electric public utility.
  Sec. 7.  On and after July 1, 1997, K.S.A. 66-1,191 is hereby amended to
read as follows: 66-1,191. It shall be the duty of the commission, either
upon complaint or upon its own initiative, to The commission, upon its
own initiative, may investigate all rates, joint rates, tolls, charges and
exactions, classifications or schedules of rates or joint rates and rules and
regulations of telecommunications public utilities. If after full hearing and
investigation the commission finds that such rates, joint rates, tolls,
charges or exactions, classifications or schedules of rates or joint rates or
rules and regulations are unjust, unreasonable, unjustly discriminatory or
unduly preferential, the commission shall have the power to fix and order
substituted therefor such rates, tolls, charges, exactions, classifications
or schedules of rates or joint rates and such rules and regulations as are
just and reasonable.
  If upon any investigation it is found that any regulation, measurement,
practice, act or service complained of is unjust, unreasonable, unreasonably
inefficient or insufficient, un duly preferential, unjustly discriminatory,
or otherwise in violation of this act or of the orders of the commission, or
if it is found that any service is inadequate or that any reasonable service
cannot be obtained, the commission may substitute therefor such other
regulations, measurements, practices, service or acts, and make such order
respecting any such changes in such regulations, measurements, practices,
service or acts as are just and reasonable. When, in the judgment of the
commission, public necessity and convenience require, the commission may
establish just and reasonable concentration or other special rates, charges
or privileges, but all such rates, charges and privileges shall be open to
all users of a like kind of service under similar circumstances and
conditions. Hearings shall be conducted in accordance with the provisions
of the Kansas administrative procedure act, unless, in the case of a general
investigation, for good cause, the commission orders otherwise.
  Sec. 8.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,192 is hereby
amended to read as follows: 66-1,192. (a) Upon a complaint in writing made
against any telecommuni cations public utility governed by this act, by
any mercantile, agricultural or manufacturing organization or society, or by
any body politic or municipal organization, or by any taxpayer, firm,
corporation or association, that any of the rates or joint rates, tolls,
charges, rules, regulations, classifications or schedules of such
telecommunications public utility are in any respect unreasonable, unfair,
unjust, unjustly discriminatory or unduly preferential, or both, or that any
regulation, practice or act whatsoever affecting or relating to any service
per formed or to be performed by such telecommunications public utility for
the public, is in any respect unreasonable, unfair, unjust, unreasonably
inefficient or insufficient, unjustly discriminatory or unduly preferential,
or that any service performed or to be performed by such telecommunications
public utility for the public is unreasonably inadequate, inefficient, unduly
insufficient or cannot be obtained, the commission shall may
proceed, with or with out notice, to make such investigation as it deems
necessary.

                                 April 11, 1997                             849

  The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, joint rates, tolls, charges, rules, regulations and classifications,
schedules, practices or acts complained of shall be made or entered by the
commission without a formal public hearing in accordance with the provisions
of the Kansas administrative procedure act, of which due notice shall be
given by the commission to such telecommunications public utility or to such
complainant or complainants, if any. Any public investigation or hearing
which the commission shall have power to make or to hold may be made or held
before any one or more commissioners. All investigations, hearings, decisions
and orders made by a commissioner shall be deemed the investigations,
hearings, decisions and orders of the commission, when approved by the
commission.
  (b)  The commission shall have power to require telecommunications public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such telecommunications public utility.
  Sec. 9.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,204 is hereby
amended to read as follows: 66-1,204. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all sched ules of
rates and rules and regulations of natural gas public utilities. If after
investigation and hearing the commission finds that such rates or rules and
regulations are unjust, un reasonable, unjustly discriminatory or unduly
preferential, the commission shall have the power to establish and order
substituted therefor such rates and such rules and regulations as are just
and reasonable.
  If after investigation and hearing it is found that any regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission may substitute
therefor such other regu lations, measurements, practices, service or acts,
and make such order respecting any such changes in such regulations,
measurements, practices, service or acts as are just and rea sonable. When,
in the judgment of the commission, public necessity and convenience re quire,
the commission may establish just and reasonable concentration or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be con ducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
  Sec. 10.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,205 is hereby
amended to read as follows: 66-1,205. (a) Upon a complaint in writing made
against any natural gas public utility governed by this act that any rates or
rules and regulations of such natural gas public utility are in any respect
unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential,
or both, or that any rule and regulation, practice or act whatsoever
affecting or relating to any service performed or to be performed by such
natural gas public utility for the public, is in any respect unreasonable,
unfair, unjust, unreasonably inefficient or insufficient, unjustly
discriminatory or unduly preferential, or that any service performed or to be
performed by such natural gas public utility for the public is unreasonably
inade quate, inefficient, unduly insufficient or cannot be obtained, the
commission shall may proceed, with or without notice, to make
such investigation as it deems necessary.
  The commission, upon its own motion and without any complaint being
made, may pro ceed to make such investigation, but No order changing such
rates, rules and regulations, practices or acts complained of shall be made
or entered by the commission without a formal public hearing in accordance
with the provisions of the Kansas administrative procedure act, of which due
notice shall be given by the commission to such natural gas public utility or
to such complainant or complainants, if any. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a com missioner shall be deemed the
investigations, hearings, decisions and orders of the com mission, when
approved by the commission.

850                           JOURNAL OF THE HOUSE

  (b)  The commission shall have power to require natural gas public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such natural gas public utility.
  Sec. 11.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,219 is hereby
amended to read as follows: 66-1,219. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all rates, joint
rates, tolls, charges and exactions, classifications or schedules of rates or
joint rates and rules and regulations of common carriers, except a motor
carrier holding a certificate of public service. If after full hearing and
investigation the commission finds that such rates, joint rates, tolls,
charges or exactions, classifications or schedules of rates or joint rates or
rules and regulations are unjust, unreasonable, unjustly discriminatory or
unduly preferen tial, the commission shall have the power to fix and order
substituted therefor such rates, tolls, charges, exactions, classifications
or schedules of rates or joint rates and such rules and regulations as are
just and reasonable.
  If upon any investigation it is found that any such regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission may substitute
therefor such other regu lations, measurements, practices, service or acts,
and make such order respecting any such changes in such regulations,
measurements, practices, service or acts as are just and rea sonable. When,
in the judgment of the commission, public necessity and convenience re quire,
the commission may establish just and reasonable concentration or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be con ducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
  Sec. 12.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,220 is hereby
amended to read as follows: 66-1,220. (a) Upon a complaint in writing made
against any common carrier, except a motor carrier holding a certificate of
public service, governed by this act, by any mercantile, agricultural or
manufacturing organization or society, or by any body politic or municipal
organization, or by any taxpayer, firm, corporation or association, that
any of the rates or joint rates, fares, tolls, charges, rules, regulations,
classifications or schedules of such common carrier are in any respect
unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential,
or both, or that any regulation, practice or act whatsoever affecting or
relating to any service performed or to be performed by such common carrier
for the public, is in any respect unreasonable, unfair, unjust, unreasonably
inefficient or insufficient, un justly discriminatory or unduly preferential,
or that any service performed or to be per formed by such common carrier for
the public is unreasonably inadequate, inefficient, un duly insufficient or
cannot be obtained, the commission shall may proceed, with or
without notice, to make such investigation as it deems necessary.
  The commission, upon its own motion, and without any complaint being
made, may proceed to make such investigation, but No order changing such
rates, joint rates, tolls, charges, rules, regulations and classifications,
schedules, practices or acts complained of shall be made or entered by the
commission without a formal public hearing in accordance with the provisions
of the Kansas administrative procedure act, of which due notice shall be
given by the commission to such common carrier or to such complainant or
complainants, if any. Any public investigation or hearing which the
commission shall have power to make or to hold may be made or held before any
one or more commissioners. All investigations, hearings, decisions and orders
made by a commissioner shall be deemed the investigations, hearings,
decisions and orders of the commission, when approved by the commission.
  (b)  The commission shall have power to require common carriers, except a
motor carrier holding a certificate of public service, to make such
improvements and do such acts as are or may be required by law to be done by
any such common carrier.
  Sec. 13.  On and after July 1, 1997, K.S.A. 66-1,234 is hereby amended to
read as follows: 66-1,234. It shall be the duty of the commission, either
upon complaint or upon its own initiative, to The commission, upon its
own initiative, may investigate all rates, joint

                                 April 11, 1997                             851

rates, tolls, charges and exactions, classifications or schedules of rates or
joint rates and rules and regulations of miscellaneous public utilities. If
after full hearing and investigation the commission finds that such rates,
joint rates, tolls, charges or exactions, classifications or schedules of
rates or joint rates or rules and regulations are unjust, unreasonable,
unjustly discriminatory or unduly preferential, the commission shall have the
power to fix and order substituted therefor such rates, tolls, charges,
exactions, classifications or schedules of rates or joint rates and such
rules and regulations as are just and reasonable.
  If upon any investigation it is found that any regulation, measurement,
practice, act or service complained of is unjust, unreasonable, unreasonably
inefficient or insufficient, un duly preferential, unjustly discriminatory,
or otherwise in violation of this act or of the orders of the commission, or
if it is found that any service is inadequate or that any reasonable service
cannot be obtained, the commission may substitute therefor such other
regulations, measurements, practices, service or acts, and make such order
respecting any such changes in such regulations, measurements, practices,
service or acts as are just and reasonable. When, in the judgment of the
commission, public necessity and convenience require, the commission may
establish just and reasonable concentration, commodity, transit or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be conducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
  Sec. 14.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,235 is hereby
amended to read as follows: 66-1,235. (a) Upon a complaint in writing made
against any miscellaneous public utility governed by this act, by any
mercantile, agricultural or manufacturing organ ization or society, or by any
body politic or municipal organization, or by any taxpayer, firm, corporation
or association, that any of the rates or joint rates, tolls, charges,
rules, regulations, classifications or schedules of such miscellaneous public
utility are in any respect unreason able, unfair, unjust, unjustly
discriminatory or unduly preferential, or both, or that any regulation,
practice or act whatsoever affecting or relating to any service performed or
to be performed by such miscellaneous public utility for the public, is in
any respect unrea sonable, unfair, unjust, unreasonably inefficient or
insufficient, unjustly discriminatory or unduly preferential, or that any
service performed or to be performed by such miscellaneous public utility for
the public is unreasonably inadequate, inefficient, unduly insufficient or
cannot be obtained, the commission shall may proceed, with or
without notice, to make such investigation as it deems necessary.
  The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, joint rates, fares, tolls, charges, rules, regulations and
classifications, schedules, practices or acts complained of shall be made or
entered by the commission without a formal public hearing in accordance with
the provisions of the Kansas administrative procedure act, of which due
notice shall be given by the commission to such miscellaneous public utility
or to such complainant or complainants, if any. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a commissioner shall be deemed the
investigations, hearings, decisions and orders of the commission, when
approved by the commission.
  (b)  The commission shall have power to require miscellaneous public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such miscellaneous public utility.
  New Sec. 15.  (a) The state corporation commission shall have the authority
to exempt any public utility or common carrier over which the commission has
jurisdiction from the requirements of publishing and filing with the
commission copies of schedules of rates, joint rates, tolls, charges,
classifications and divisions of rates for jurisdictional services affecting
Kansas customers and charged for any such service that is not subject to
price regulation. After a public utility or common carrier service has been
exempted from such requirements, the commission may require such public
utility or common carrier to publish and file with the commission tariffs for
such service when necessary to protect consumers from fraudulent

852                           JOURNAL OF THE HOUSE

business practices or practices that are inconsistent with the public
interest, convenience and necessity or when the commission otherwise deems
necessary.
  (b)  The provisions of this section shall take effect on and after July 1,
1997.
  Sec. 16.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-125 is hereby
amended to read as follows: 66-125. (a) Any investor-owned electric public
utility incorporated in the state of Kansas having a total capitalization
in excess of $1 billion dollars may issue stocks, certificates, bonds,
notes or other evidences of indebtedness, payable at periods of more than 12
months after the date thereof, when necessary for the acquisition of
property, for the purpose of carrying out its corporate powers, the
construction, completion, extension or improvements of its facilities, for
the improvements or maintenance of its service, for the discharge or lawful
refunding of its obligations, or for such other purposes as may be au
thorized by law. Prior to any such issuance, there shall be secured from the
commission a certificate stating the amount, character, purposes and terms on
which such stocks, certif icates, bonds, notes or other evidences of
indebtedness are proposed to be issued, as set out in the application for
such certificate. In lieu of securing a certificate from the com mission, if
the issuance requires a registration statement to be filed with the
securities and exchange commission or such utility obtains an authorization
or approval of such issuance from another state or federal agency, the public
utility may file with the state corporation commission a copy of the
information filed with the securities and exchange commission or such other
agency.
  (b)  The proceedings for obtaining such certificate from the commission and
the con ditions of its being issued shall be as follows:
  (1)  In case the stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued for money only, the public utility or common
carrier shall file with the com mission a statement, signed and verified by
the president or other chief officer of the com pany having knowledge of the
facts, showing:
  (A)  The amount and character of the proposed stocks, certificates, bonds,
notes or other evidences of indebtedness;
  (B)  the general purposes for which they are to be issued;
  (C)  the terms on which they are to be issued;
  (D)  the total assets and liabilities of the public utility or common
carrier; and
  (E)  that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.
  (2)  In case stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued partly or wholly for property or services or
other consideration than money, the public utility or common carrier shall
file with the commission a statement, signed and verified by the president or
other chief officer having knowledge of the facts, showing:
  (A)  The amount and character of the stocks, certificates, bonds, notes or
other evidences of indebtedness proposed to be issued;
  (B)  the general purposes for which they are to be issued;
  (C)  a general description and an estimated value of the property or
services for which they are to be issued;
  (D)  the terms on which they are to be issued or exchanged;
  (E)  the amount of money, if any, to be received for the same in addition
to such prop erty, services or other consideration;
  (F)  the total assets and liabilities of the public utility or common
carrier; and
  (G)  that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.
  (c)  The commission may also require the public utility or common carrier
to furnish such further statements of facts as may be reasonable and
pertinent to the inquiry. Upon full compliance by the applicant with the
provisions of this section the commission shall forthwith issue a certificate
stating the amount, character, purposes and terms upon which such stocks,
certificates, bonds, notes or other evidences of indebtedness are proposed to
be issued, as set out in the application for such certificate. Any issue of
stocks, certificates, bonds, notes or other evidences of indebtedness not
payable within one year, which shall

                                 April 11, 1997                             853

be issued by such public utility or common carrier contrary to the provisions
of this act shall be voidable by the commission, except as provided in
subsection (d).
  (d)  The provisions of this section shall not apply to motor carriers, as
defined in K.S.A. 66-1,108, and amendments thereto or any public utility
except as provided in subsection   (a). Any issue of stocks, certificates,
bonds, notes or other evidences of indebtedness not payable within one year,
which were issued by a motor carrier prior to the effective date of this act
without obtaining a certificate from the commission shall be deemed valid.
  New Sec. 17.  (a) The American Society of Heating and Air Conditioning
Engineers/ Illuminating Society of North America 1989 90-1 Standard or Code
(ASHRAE/IES 90.189) is hereby adopted as the applicable thermal efficiency
standard for new commercial and industrial structures in this state.
  (b)  The state corporation commission has no authority to adopt or enforce
energy ef ficiency standards for residential, commercial or industrial
structures.
  (c)  Nothing in this section shall be construed to preclude a city or
county from adopting or enforcing thermal efficiency standards for structures
within the jurisdiction of such city or county.
  New Sec. 18.  (a) Except as provided by subsection (b), the person building
or selling a previously unoccupied new residential structure shall disclose
to the buyer information regarding the thermal efficiency of the structure on
a form prepared and disseminated by the state corporation commission, which
form shall be substantially as follows:
``ENERGY EFFICIENCY DISCLOSURE
  This residence (mark one of the following):
  ______ 1.  Has been built to meet the energy efficiency standards of the
Model Energy Code of 1993
  ______ 2.  Has been built to include the following energy efficiency
elements:
  (1)  Insulation values (R-value of insulation installed) for each of the
following:
  Ceiling with attic above R-value _________
  Cathedral ceiling R-value  _________
  Opaque walls R-value _________
  Floors over unheated spaces R-value _________
  Floors over outside air R-value _________
  Foundation type:
         Slab-on-grade _________
         Crawlspace _________
         Basement and percent of basement walls underground _________
  (2) Thermal properties of windows and doors for each of the following:
  Entry door(s) R-value _________
  Sliding door(s) R-value _________
  Other exterior doors R-value _________
  Garage to house door R-value _________
  Window U-value (determined from NFRC rating label or default table) _________
  (3)  HVAC equipment efficiency levels:
  Heating systems:
         Gas fired forced air furnace AFUE rating _________
         Electric heat pump HSPF rating
  Air conditioning systems:
         Electric unit SEER rating _________
         Electric heat pump EER rating _________
         Ground source heat pump EER rating _________
  Duct insulation levels: Insulation R-value of ducts outside envelope
_________
  Thermostat:
         Manual control type _________
         Automatic set-back type _________
  (4)  Water heating efficiency levels:
         Water heater fuel type _________

854                           JOURNAL OF THE HOUSE

         Water heater capacity _________
         NAECA energy factor _________''
  (b)  If a structure is subject to both the national manufactured housing
construction and safety standards act (42 U.S.C. 5403) and the federal trade
commission regulation on la beling and advertising of home insulation, 16 CFR
section 460.16, both as in effect on the effective date of this act, the
builder or seller may disclose, instead of the information required by
subsection (a), the information regarding such structure that is required to be
disclosed pursuant to such federal act and regulation.
  Sec. 19.  On and after July 1, 1997, K.S.A. 1996 Supp. 66-117 is hereby
amended to read as follows: 66-117. (a) Unless the state corporation commission
otherwise orders, no common carrier or public utility over which the commission
has control shall make effective any changed rate, joint rate, toll, charge or
classification or schedule of charges, or any rule or regulation or practice
pertaining to the service or rates of such public utility or common carrier
except by filing the same with the commission at least 30 days prior to the
proposed effective date. The commission, for good cause, may allow such changed
rate, joint rate, toll, charge or classification or schedule of charges, or
rule or regulation or practice per taining to the service or rates of any such
public utility or common carrier to become effective on less than 30 days'
notice. If the commission allows a change to become effective on less than 30
days' notice, the effective date of the allowed change shall be the date
established in the commission order approving such change, or the date of the
order if no effective date is otherwise established. Any such proposed change
shall be shown by filing with the state corporation commission a schedule
showing the changes, and such changes shall be plainly indicated by proper
reference marks in amendments or supplements to existing tariffs, schedules or
classifications, or in new issues thereof.
  (b)  Whenever any common carrier or public utility governed by the provisions
of this act files with the state corporation commission a schedule showing the
changes desired to be made and put in force by such public utility or common
carrier, the commission either upon complaint or upon its own motion, may give
notice and hold a hearing upon such proposed changes. Pending such hearing, the
commission may suspend the operation of such schedule and defer the effective
date of such change in rate, joint rate, toll, charge or classification or
schedule of charges, or any rule or regulation or practice pertaining to the
service or rates of any such public utility or common carrier by delivering to
such public utility or common carrier a statement in writing of its reasons for
such suspension.
  (c)  The commission shall not delay the effective date of the proposed
change in rate, joint rate, toll, charge or classification or schedule of
charges, or in any rule or regulation or practice pertaining to the service or
rates of any such public utility or common carrier, more than 240 days beyond
the date the public utility or common carrier filed its application requesting
the proposed change. If the commission does not suspend the proposed schedule
within 30 days of the date the same is filed by the public utility or common
carrier, such proposed schedule shall be deemed approved by the commission and
shall take effect on the proposed effective date. If the commission has not
issued a final order on the proposed change in any rate, joint rate, toll,
charge or classification or schedule of charges, or any rule or regulation or
practice pertaining to the service or rates of any such public utility or
common carrier, within 240 days after the carrier or utility files its
application requesting the proposed change, then the schedule shall be deemed
approved by the commission and the proposed change shall be effective
immediately, except that (1) for purposes of the foregoing provisions regarding
the period of time within which the commission shall act on an application, any
amendment to an application for a proposed change in any rate, which increases
the amount sought by the public utility or common carrier or substantially
alters the facts used as a basis for such requested change of rate, shall, at
the option of the commission, be deemed a new application and the 240-day
period shall begin again from the date of the filing of the amendment,
and (2) if hearings are in process before the commission on a proposed
change requested by the public utility or common carrier on the last day of
such 240-day period, such period shall be extended to the end of such hearings
plus 20 days to allow the commission to prepare and issue its final order,
and, (3) nothing

                                 April 11, 1997                             855

in this subsection shall preclude the public utility or common carrier and the
commission from agreeing to a waiver or an extension of the 240-day period.
  (c) (d)  Except as provided in subsection (b) (c), no
change shall be made in any rate, toll, charge, classification or schedule of
charges or joint rates, or in any rule or regulation or practice pertaining to
the service or rates of any such public utility or common carrier, without the
consent of the commission. Within 30 days after such changes have been au
thorized by the state corporation commission or become effective as provided in
subsection (b) (c), copies of all tariffs, schedules and
classifications, and all rules and regulations, except those determined to be
confidential under rules and regulations adopted by the commission, shall be
filed in every station, office or depot of every such public utility and every
common carrier in this state, for public inspection.
  (d) (e)  Upon a showing by a public utility before the state
corporation commission at a public hearing and a finding by the commission that
such utility has invested in projects or systems that can be reasonably
expected (1) to produce energy from a renewable resource other than nuclear for
the use of its customers, (2) to cause the conservation of energy used by its
customers, or (3) to bring about the more efficient use of energy by its
customers, the commission may allow a return on such investment equal to an
increment of from 1/2% to 2% plus an amount equal to the rate of return fixed
for the utility's other investment in property found by the commission to be
used or required to be used in its services to the public. The commission may
also allow such higher rate of return on investments by a public utility in
experimental projects, such as load management devices, which it determines
after public hearing to be reasonably designed to cause more efficient
utilization of energy and in energy conservation programs or measures which it
determines after public hearing pro vides a reduction in energy usage by its
customers in a cost-effective manner.
  (e) (f)  Whenever, after the effective date of this act, an
electric public utility, a natural gas public utility or a combination thereof,
files tariffs reflecting a surcharge on the utility's bills for utility service
designed to collect the annual increase in expense charged on its books and
records for ad valorem taxes, such utility shall report annually to the state
cor poration commission the changes in expense charged for ad valorem taxes.
For purposes of this section, such amounts charged to expense on the books and
records of the utility may be estimated once the total property tax payment is
known. If found necessary by the commission or the utility, the utility shall
file tariffs which reflect the change as a revision to the surcharge. Upon a
showing that the surcharge is applied to bills in a reasonable manner and is
calculated to substantially collect the increase in ad valorem tax expense
charged on the books and records of the utility, or reduce any existing
surcharge based upon a decrease in ad valorem tax expense incurred on the books
and records of the utility, the commission shall approve such tariffs within 30
days of the filing. Any over or under col lection of the actual ad valorem tax
increase charged to expense on the books of the utility shall be either
credited or collected through the surcharge in subsequent periods. The
establishment of a surcharge under this section shall not be deemed to be a
rate increase for purposes of this act. The net effect of any surcharges
established under this section shall be included by the commission in the
establishment of base rates in any subsequent rate case filed by the utility.
  (f) (g)  Except as to the time limits prescribed in subsection
(b) (c), proceedings under this section shall be conducted in
accordance with the provisions of the Kansas administra tive procedure act.
  Sec. 20.  On and after July 1, 1997, K.S.A. 1996 Supp. 55-150 is hereby
amended to read as follows: 55-150. As used in this act unless the context
requires a different meaning:
  (a)  ``Commission'' means the state corporation commission.
  (b)  ``Contractor'' means any person who acts as agent for an operator as a
drilling, plugging, service rig or seismograph contractor in such operator's
oil and gas, cathodic protection, gas gathering or underground natural gas
storage operations.
  (c)  ``Fresh water'' means water containing not more than 1,000 milligrams
per liter, total dissolved solids.
  (d)  ``Gas gathering system'' means a natural gas pipeline system used
primarily for trans porting natural gas from a wellhead, or a metering point
for natural gas produced by one or more wells, to a point of entry into a main
transmission line, but shall not mean or include:

856                           JOURNAL OF THE HOUSE

  (1) the gathering of natural gas produced from wells owned and operated by
the gatherer and where the gathering system is used exclusively for its own
private purposes; (2) Lead lines from the wellhead to the connection with
the gathering system which are owned by the producing entity
person; and (3) (2) gathering systems used exclusively
for injection and withdrawal from natural gas storage fields under the
jurisdiction of the federal energy reg ulatory commission.
  (e)  ``Operator'' means a person who is responsible for the physical
operation and control of a well, gas gathering system or underground natural
gas storage facility.
  (f)  ``Person'' means any natural person, partnership, governmental or
political subdivi sion, firm, association, corporation or other legal entity.
  (g)  ``Rig'' means any crane machine used for drilling or plugging wells.
  (h)  ``Usable water'' means water containing not more than 10,000 milligrams
per liter, total dissolved solids.
  (i)  ``Well'' means a hole drilled or recompleted for the purpose of:
  (1)  Producing oil or gas;
  (2)  injecting fluid, air or gas in the ground in connection with the
exploration for or production of oil or gas;
  (3)  obtaining geological information in connection with the exploration for
or production of oil or gas by taking cores or through seismic operations;
  (4)  disposing of fluids produced in connection with the exploration for or
production of oil or gas;
  (5)  providing cathodic protection to prevent corrosion to lines; or
  (6)  injecting or withdrawing natural gas.
  New Sec. 21.  On and after July 1, 1997, the term ``public utility'' as used
in K.S.A. 66104, and amendments thereto, and the term ``common carriers'' as
used in K.S.A. 66-105, and amendments thereto, shall not include any gas
gathering system, as defined in K.S.A. 55-150, and amendments thereto.
  New Sec. 22.  (a) As used in sections 22 through 30:
  (1)  ``Gas gathering services'' means the gathering or preparation of natural
gas for trans portation, whether such services are performed for hire or in
connection with the purchase of natural gas by the person gathering or
preparing the gas or a marketer affiliated with the person gathering or
preparing the gas. ``Gas gathering services'' does not include the gath ering
of natural gas by an owner or operator of gathering facilities who: (A) Does
not hold such facilities out for hire on or after the effective date of this
act; or (B) does not purchase the gas for resale.
  (2)  Other terms have the meanings provided by K.S.A. 55-150, and amendments
thereto.
  (b)  The provisions of sections 22 through 30 shall be part of and
supplemental to chapter 55 of the Kansas Statutes Annotated.
  (c)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 23.  (a) Each person offering gas gathering services in this state
shall file with the commission copies of: (1) Rates paid for natural gas
purchased at the wellhead by the person offering gas gathering services; (2)
all rates charged for gas gathering services offered by such person; and (3)
such data related to the characteristics of the gas purchased or gathered by
the person offering gas gathering services and such information regarding the
terms and duration of the contract as the commission determines necessary. The
commission shall adopt rules and regulations prescribing the form and times of
filing of such rates, data and information. The commission shall not be
required to analyze, publish or disseminate such rates, data and information
except to the extent otherwise required by law.
  (b)  Upon notice and an opportunity to be heard in accordance with the
provisions of the Kansas administrative procedure act, the commission may
impose an administrative fine on any person for failure to file any rate, data
or information as required by this section and rules and regulations of the
commission. Such fine shall not exceed $10,000 for each day the rate, data or
information remains unfiled as required or an aggregate amount of $250,000,
whichever is less.
  (c)  Rates, data and information filed pursuant to this section shall not be
used by the commission to order a change in any rate except in a proceeding
pursuant to section 25.

                                 April 11, 1997                             857

  (d)  Rates, data and information filed pursuant to this section shall not be
subject to K.S.A. 66-1220a, and amendments thereto.
  (e)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 24.  (a) Persons offering gas gathering services in this state, or
facilities es sential to provision of such services, shall provide, in a manner
that is just, reasonable, not unjustly discriminatory and not unduly
preferential, access to any person seeking such serv ices or facilities.
  (b)  Persons performing gas gathering services shall engage in practices in
connection with such services, and charge fees for such services, that are
just, reasonable, not unjustly discriminatory and not unduly preferential.
  (c)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 25.  (a) The commission, in its discretion, may at any time review a
fee, term or practice being used by a person offering gas gathering services to
ascertain whether a violation of section 24 has occurred. Upon such review, the
commission may initiate a proceeding to determine whether a violation of
section 24 has occurred. Upon notice and an opportunity for hearing in
accordance with the Kansas administrative procedure act, the commission shall
have authority to order the remediation of any violation of section 24 that the
commission finds has occurred.
  (b)  Any consumer of gas gathering services, any person seeking direct
purchase of nat ural gas at the wellhead or any royalty owner, may request the
commission to investigate and initiate proceedings to review a fee, term or
practice being used by a person offering gas gathering services. As a condition
to formal commission action, the person requesting commission action must first
file a complaint that includes:
  (1)  A statement that the complainant has presented the complaint, in
writing, to the person offering gas gathering services and included a request
for a meeting with such person to discuss the matter;
  (2)  a copy of the document described in subsection (b)(1);
  (3)  a statement that the requested meeting took place or the person offering
gas gath ering services refused to meet with the complainant;
  (4)  detailed factual statement indicating how the fee, term or practice
violates section 24;
  (5)  a statement of the precise remedy being requested that will make the
fee, term or practice consistent with the provisions of section 24;
  (6)  if the complainant is a producer of natural gas, a copy of the analysis
of the com plainant's natural gas, including the nitrogen, carbon dioxide,
hydrogen sulfide, water and other contaminant content; the amount of volume;
and the amount of pressure at the well head; and
  (7)  if available, a map showing the location of the affected wells and all
gas gathering systems in the area.
  (c)  The commission may resolve the complaint by use of an informal procedure
estab lished by the commission pursuant to rules and regulations adopted by the
commission or the commission may conduct a formal hearing and take evidence as
necessary to determine the merits of the complaint. If the commission uses an
informal procedure and the complaint is not resolved within 60 days after the
complaint is filed, the commission shall conduct a formal hearing on the
complaint. The hearing shall be conducted and notice given in ac cordance with
the Kansas administrative procedure act. Upon such hearing, the commission
shall have authority to order the remediation of any violations of section 24,
to the extent necessary for remediation as to the aggrieved person with respect
to the particular violation.
  (d)  In evaluating a fee or term, or in establishing a reasonable fee or
term, the com mission is not required to engage in cost-of-service ratemaking
or any other form of rate making. Instead, the commission can employ any form
of analysis and remedy that is de signed to accomplish the goals of this act
while respecting the legitimate property interests of the person offering the
gas gathering services.
  (e)  Any natural gas producer using the gas gathering facilities of a person
engaged in activities described in subsection (a)(1)(A) or (B) of section 22
may request the commission to investigate and initiate proceedings to review
the fees, terms and practices of the person engaged in such activities. The
commission shall conduct such investigation and proceeding

858                           JOURNAL OF THE HOUSE

in the same manner as provided by this section for complaints filed pursuant to
subsection   (b) and may order the remediation of any violation of subsection
(b) of section 24 that the commission finds would exist except for the
exemption provided by subsection (a)(1)(A) or (B) of section 22.
  (f)  The commission shall maintain a publicized telephone number to
facilitate the filing of informal complaints pursuant to subsection (b) or (e).
  (g)  The commission shall adopt such rules and regulations as the commission
determines reasonably necessary to prevent abuse of the complaint procedure
provided for by this section. Such rules and regulations shall include
provisions to prevent delay of the proceed ings that may damage a party's
ability to pursue or defend the complaint.
  New Sec. 26.  (a) The commission may adopt such rules and regulations as the
com mission determines necessary to improve access to gas gathering services or
to improve market competition or protect the public interest in such services.
  (b)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 27.  (a) The commission may exempt natural gas sold directly to a
consumer from the wellhead before the gas enters a gathering system from rate
averaging or pricing systems that apply to gas sold from a gas gathering
system.
  (b)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 28.  (a) In any retail natural gas service area where the commission
has granted a certificate of convenience and necessity to sell natural gas at
retail from a gas gathering system, the commission may issue other certificates
of convenience and necessity to make such sales in such area. A person
purchasing natural gas or gas gathering services from a person offering gas
gathering services in a retail natural gas service area where the com mission
has issued more than one certificate of convenience and necessity shall not be
assessed an exit fee for electing to purchase natural gas or gas gathering
services from another person offering gas gathering services.
  (b)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 29.  (a) Nothing in sections 22 through 28 shall be construed, or
authorize the commission, to amend any contractual obligations between the
person offering gas gathering services and the complainant unless the
commission determines, after investiga tion, notice and hearing, that such
contractual obligations are unjust, unreasonable, unjustly discriminatory or
unduly preferential and adversely impact the public welfare.
  (b)  This section shall take effect and be in force on and after July 1,
1997.
  New Sec. 30.  If a public utility providing service from a gas gathering
system deter mines that such utility lacks sufficient services or facilities to
serve the needs of any person wishing to utilize such utility's services within
such utility's certificated service area during any calendar year, such
utility, not later than November 1 preceding the beginning of such calendar
year, shall give notice thereof to the commission and to each person that such
utility determines it will be unable to serve.
  New Sec. 31.  If any provisions of this act or the application of this act to
any person or circumstances is held invalid, the invalidity does not affect
other provisions or applications of this act that can be given effect without
the invalid provisions or application. To this end the provisions of this act
are severable.
  Sec. 32.  K.S.A. 66-131a is hereby repealed.'';
  Also on page 5, by renumbering sections 5 and 6 as sections 33 and 34; in
line 24, by striking the first ``K.S.A.'' and inserting ``On and after July 1,
1997, K.S.A. 66-1,191, 661,234,''; in line 25, by striking ``66-118b'' and
inserting ``55-150, 66-101d, 66-101e, 66-117, 6-118b, 66-125, 66-1,192,
66-1,204, 66-1,205, 66-1,219, 66-1,220, 66-1,235''; in line 27, by striking
``statute book'' and inserting ``Kansas register'';
  In the title, in line 12, by striking ``relating to'' and inserting ``powers
and duties;''; in line 13, by striking all after ``expenses''; in line 14, by
striking ``cerning'' and inserting a semicolon; also in line 14, after the
semicolon by inserting: ``granting of exemptions from certain filing
requirements; issuance of certain certificates; duties and authority relating
to energy effi ciency standards for buildings; changes in rates and schedules
of public utilities and common carriers; regulation of natural gas gathering
systems and services;''; also in line 14, after ``K.S.A.'' by inserting
``66-1,191, 66-1,234,''; in line 15, by striking ``66-118b'' and inserting
``55-150, 66-101d, 66-101e, 66-117, 66-118b, 66-125, 66-1,192, 66-1,204,
66-1,205, 66

                                 April 11, 1997                             859

1,219, 66-1,220, 66-1,235''; in line 16, after ``sections'' by inserting ``;
also repealing K.S.A. 66-131a'';
  And your committee on conference recommends the adoption of this report. Don
Myers
Tom Sloan
Dennis McKinney   Conferees on part of House Pat Ranson
Alicia Salisbury
Jim Barone   Conferees on part of Senate   On motion of Rep. Myers, the
conference committee report on SB 333 was adopted.
  On roll call, the vote was: Yeas 102; Nays 20; Present but not voting 0;
Absent or not voting 3.
  Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dillon,
Dreher, Edmonds, Empson, Fa ber, Farmer, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Geringer, Gil bert, Glasscock, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mc
Clure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff,
Powell, Presta, Ray, Rear don, Reinhardt, Ruff, Samuelson, Sawyer, Sharp,
Shore, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch,
Toelkes, Tomlinson, Vining, Wagle, Weiland, Wells, Wempe, Wilk, Wilson.
  Nays: Aurand, Correll, Feuerborn, Gilmore, Grant, Howell, Hutchins, Mays,
McKechnie, Packer, J. Peterson, Powers, Schwartz, Shallenburger, Shriver,
Swenson, Toplikar, Vickrey, Weber, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean, Lloyd, O'Neal.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 232, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
of the Whole amendments, as follows:
  On page 2, by striking all in line 43;
  On page 3, by striking all in lines 1 through 9 and inserting:
  ``(b)  If within two years following the effective date of the annexation of
any tract pur suant to K.S.A. 12-520c, and amendments thereto, and upon
petition of the owner of any such tract, the governing body of the city shall
exclude such tract if the owner reimburses the city for all costs incurred by
the city in the extension of services to such tract, together with interest on
the amount of such costs at a rate provided by K.S.A. 16-201, and amend ments
thereto. The owner shall be required to pay only those costs which are
attributable to services which exclusively benefit such tract.
  The provisions of this subsection shall apply only to a tract which is under
one ownership on the date the petition for exclusion is filed by the owner
thereof with the city governing body, and which will not adjoin the city on the
effective date of its exclusion from the city.
  The terms ``tract'' and ``owner'' in this subsection shall have the same
meaning ascribed thereto in K.S.A. 12-519, and amendments thereto.
  The provisions of this subsection shall expire on December 31, 1997.'';
  On page 10, in line 18, by striking ``and section 9'' and inserting ``and
sections 10 and 11'';
  On page 13, following line 25, by inserting:

860                           JOURNAL OF THE HOUSE

  ``New Sec. 11.  Nothing in this act is intended to prevent cities or counties
from en forcing local laws, enacted under other legal authority, for the
gradual elimination of non conforming uses.'';
  By renumbering sections accordingly;
  And your committee on conference recommends the adoption of this report. Kent
Glasscock
Larry L. Campbell
Gwen Welshimer   Conferees on part of House Janice L. Hardenburger
Rich Becker   Conferees on part of Senate   On motion of Rep. Campbell, the
conference committee report on SB 232 was adopted.
  On roll call, the vote was: Yeas 83; Nays 36; Present but not voting 0;
Absent or not voting 6.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Campbell, Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber,
Farmer, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock,
Gregory, Hayzlett, Helgerson, Henry, Holmes, Horst, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline, Phill Kline, Landwehr,
Lane, P. Long, Mason, Mayans, Mays, McCreary, Mc Kinney, Mollenkamp, Morrison,
Myers, Neufeld, O'Connor, Osborne, Packer, Palmer, J. Peterson, Pottorff,
Powell, Powers, Presta, Ray, Samuelson, Schwartz, Shallenburger, Shore,
Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch,
Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wilk.
  Nays: Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty, Flora,
Garner, Grant, Haley, Henderson, Howell, Kirk, Klein, Krehbiel, Kuether,
Larkin, J. Long, Mc Clure, McKechnie, Minor, Nichols, Pauls, E. Peterson,
Phelps, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Spangler, Toelkes, Vickrey,
Wells, Wempe.
  Present but not voting: None.
  Absent or not voting: Bradley, Dean, Lloyd, O'Neal, Welshimer, Wilson.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2064, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with Senate Committee
of the Whole amendments, as follows:
  On page 2, in line 3, by striking ``(d)'' and inserting ``(c)''; by striking
all in lines 6 through 15; by relettering subsections accordingly; by striking
all in lines 32 through 43;
  On page 3, by striking all in lines 1 through 4;
  On page 5, following line 19, by inserting:
  ``New Sec. 4.  (a) The provisions of this section shall apply to:
  (1)  The governor;
  (2)  the lieutenant governor;
  (3)  the governor's spouse;
  (4)  all classified employees in the civil service of the state of Kansas;
  (5)  all unclassified employees in the executive branch of state government
whose com pensation is subject to approval by the governor pursuant to K.S.A.
75-2935b, and amend ments thereto; and
  (6)  all members of boards, commissions and authorities of the executive
branch of state government.
  (b)  No person subject to the provisions of this section shall solicit or
accept any gift, economic opportunity, loan, gratuity, special discount or
service provided because of such person's official position, except:
  (1)  A gift having an aggregate value of less than $40 given at a ceremony or
public function where the person is accepting the gift in such person's
official capacity; or

                                 April 11, 1997                             861

  (2)  gifts from relatives or gifts from personal friends when it is obvious
to the person that the gift is not being given because of the person's official
position; or
  (3)  anything of value received by the person on behalf of the state that
inures to the benefit of the state or that becomes the property of the state;
or
  (4)  contributions solicited on behalf of a nonprofit organization which is
exempt from taxation under paragraph (3) of subsection (c) of section 501 of
the internal revenue code of 1986, as amended.
  (c)  No person subject to the provisions of this section shall solicit or
accept free or special discount meals from a source outside of state
government, except:
  (1)  Meals, the provision of which is motivated by a personal or family
relationship or provided at events that are widely attended. An occasion is
``widely attended'' when it is obvious to the person accepting the meal that
the reason for providing the meal is not a pretext for exclusive or nearly
exclusive access to the person;
  (2)  meals provided at public events in which the person is attending in an
official ca pacity;
  (3)  meals provided to a person subject to this act when it is obvious such
meals are not being provided because of the person's official position; and
  (4)  food such as soft drinks, coffee or snack foods not offered as part of a
meal.
  (d)  No person subject to the provisions of this section shall solicit or
accept free or special discount travel or related expenses from a source
outside state government, except:
  (1)  When it is obvious to the person accepting the same that the free or
special discount travel and related expenses are not being provided because of
the person's official position; or
  (2)  when the person's presence at a meeting, seminar or event serves a
legitimate state purpose or interest and the person's agency authorizes or
would authorize payment for such travel and expenses.
  (e)  No person subject to the provisions of this section shall solicit or
accept free or special discount tickets or access to entertainment or sporting
events or activities such as plays, concerts, games, golf, exclusive swimming,
hunting or fishing or other recreational activities when the free or special
discount tickets or access are provided because of the person's official
position. The provisions of this subsection shall not apply to persons whose
official position requires or obliges them to be present at such events or
activities.
  (f) (1)  Violations of the provisions of this section by any classified
employee in the civil service of the state of Kansas shall be considered
personal conduct detrimental to the state service and shall be a basis for
suspension, demotion or dismissal, subject to applicable state law.
  (2)  Violations of the provisions of this section by any unclassified
employee whose com pensation is subject to be approved by the governor pursuant
to K.S.A. 75-2935b, and amendments thereto, shall subject such employee to
discipline up to and including termi nation.
  (3)  In addition to the penalty prescribed under paragraphs (1) and (2), the
commission on governmental standards and conduct may assess a civil fine, after
proper notice and an opportunity to be heard, against any person for a
violation of this section, in an amount not to exceed $5,000 for the first
violation, not to exceed $10,000 for the second violation and not to exceed
$15,000 for the third violation and for each subsequent violation. All fines
assessed and collected under this section shall be remitted to the state
treasurer. Upon receipt thereof, the state treasurer shall deposit the entire
amount in the state treasury and credit it to the Kansas commission on
governmental standards and conduct fee fund.'';
  Also on page 5, in line 20, by striking ``46-232,'';
  In the title, by striking all in line 16 and inserting ``amending K.S.A.
46-267 and 46-269 and'';
  And your committee on conference recommends the adoption of this report.
Janice L. Hardenburger
Rich Becker
U. L. Gooch   Conferees on part of Senate

862                           JOURNAL OF THE HOUSE

Robert Tomlinson
Ted Powers
Gwen Welshimer   Conferees on part of House   On motion of Rep. Tomlinson, the
conference committee report on HB 2064 was adopted.
  On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 1;
Absent or not voting 3.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, 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, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, 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: Carmody.
  Absent or not voting: Dean, Lloyd, O'Neal.
  The House stood at ease until 2:45 p.m.
                                   _________
  Speaker Shallenburger called the House to order.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 197, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
of the Whole amendments, as follows:
  On page 7, in line 7, by striking ``one-to-one'' and inserting
``two-to-one'';
  On page 10, following line 3, by inserting the following:
  ``New Sec. 4.  (a) For the purpose of the pharmacy act of the state of
Kansas, the fol lowing persons shall be deemed to be engaged in the practice of
pharmacy:
  (1)  Persons who publicly profess to be a pharmacist, or publicly profess to
assume the duties incident to being a pharmacist and their knowledge of drugs
or drug actions, or both;
  (2)  persons who attach to their name any words or abbreviation indicating
that they are a pharmacist licensed to practice pharmacy in Kansas.
  (b)  ``Practice of pharmacy'' means the interpretation and evaluation of
prescription or ders; the compounding, dispensing and labeling of drugs and
devices pursuant to prescrip tion orders; the participation in drug selection
according to state law and participation in drug utilization reviews; the
proper and safe storage of prescription drugs and prescription devices and the
maintenance of proper records thereof in accordance with law; consultation with
patients and other health care practitioners about the safe and effective use
of pre scription drugs and prescription devices; and participation in the
offering or performing of those acts, services, operations or transactions
necessary in the conduct, operation, man agement and control of a pharmacy.
Nothing in this subsection shall be construed to add any additional
requirements for registration or for a permit under the pharmacy act of the
state of Kansas or for approval under subsection (g) of K.S.A. 65-1643 and
amendments thereto, or to prevent persons other than pharmacists from engaging
in drug utilization review, or to require persons lawfully in possession of
prescription drugs or prescription

                                 April 11, 1997                             863

devices to meet any storage or record keeping requirements except such storage
and record keeping requirements as may be otherwise provided by law or to
affect any person consulting with a health care practitioner about the safe and
effective use of prescription drugs or prescription devices.'';
  On page 1, in the title, in line 16, before ``amending'' by inserting
``persons engaged in the practice of pharmacy;'';
  And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry   Conferees on part of House Sandy Praeger
Larry D. Salmans
Chris Steineger   Conferees on part of Senate   On motion of Rep. Mayans, the
conference committee report on SB 197 was adopted.
  On roll call, the vote was: Yeas 114; Nays 8; Present but not voting 0;
Absent or not voting 3.
  Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Bur roughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Ed monds, Empson, Faber, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, 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, Mol
lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne, Palmer, Pauls,
E. Pe terson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Reinhardt, Ruff, Sa muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vick rey, Vining, Wagle, Weiland,
Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Farmer, Feuerborn, Garner, Grant, Landwehr, Packer, Presta, Weber.
  Present but not voting: None.
  Absent or not voting: Allen, Dean, O'Neal.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 22, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
amendments, as follows:
  On page 5, by striking all in lines 32 through 43;
  On page 6, by striking all in lines 1 through 28; in line 29, by striking
``19-430 and K.S.A.''; also, in line 29, by striking ``are'' and inserting
``is'';
  By renumbering existing sections accordingly;
  In the title, in line 15, by striking all after the semicolon; in line 16, by
striking all before ``amending''; also, in line 16, by striking ``19-430 and
K.S.A.''; in line 17, by striking ``sections'' and inserting ``section'';
  And your committee on conference recommends the adoption of this report.
Phill Kline
Tony Powell
Bruce Larkin   Conferees on part of House

864                           JOURNAL OF THE HOUSE

Audrey Langworthy
David R. Corbin
Janis K. Lee   Conferees on part of Senate   On motion of Rep. Phill Kline, the
conference committee report on SB 22 was adopted.
  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, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Pow ell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallen burger, 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, O'Neal.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 51, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House on Final
Action amend ments, as follows:
  On page 1, in line 41, by striking all after ``thereto''; by striking all in
line 42 and inserting ``, determined without regard to the provisions of K.S.A.
79-32,139, and amendments thereto, and the provisions of paragraph (xiv) of
subsection (c) of K.S.A. 79-32,117, and amendments thereto,'';
  On page 5, by striking all in lines 33 through 43;
  By striking all on pages 6 and 7;
  On page 8, by striking all in lines 1 through 20 and inserting the following:
  ``Sec. 3.  K.S.A. 1996 Supp. 79-32,175 is hereby amended to read as follows:
79-32,175. As used in this act:
  (a)  ``Accessible to individuals with a disability'' means in conformance
with Title I and Title III of the Americans with disabilities act of 1990, 42
USCA 12101 et seq. and 28 CFR Part 36 and 29 CFR 1630 et seq.
  (b)  ``Facility'' means facility as such term is defined in 28 CFR Part
36.104, but shall not mean new construction or any addition made to an existing
facility except with regard to a facility described by K.S.A. 79-32,176, and
amendments thereto.
  (c)  ``Expenditures for the purpose of making all or any portion of an
existing facility accessible to individuals with a disability'' includes only
those expenditures specifically at tributable to the: (1) Removal or
equivalent facilitation of an existing architectural barrier, when removal or
equivalent facilitation is for the purpose of making an existing facility
accessible to individuals with a disability; or (2) new construction of a
facility described by K.S.A. 79-32,176, and amendments thereto which will
facilitate its accessibility to individuals with a disability. Such term
shall not include any part of any expense paid or incurred in connection with
the new construction or substantial alteration of a facility, except with
regard to a facility described by K.S.A. 79-32,176, or the normal
replacement of depreciable prop erty.

                                 April 11, 1997                             865

  (d)  ``Expenditures for the purpose of making all or any portion of an
existing facility or of equipment usable for the employment of persons with a
disability'' includes only those expenditures specifically attributable to the
modification or adaptation of an existing facility or of equipment, which
modification or adaptation is for the purpose of employing individ uals with a
disability.
  Sec. 4.  K.S.A. 79-1109 and K.S.A. 1996 Supp. 79-32,117 and 79-32,175 are
hereby repealed.''
  By renumbering existing section 6 as section 5;
  In the title, by striking all in line 17; in line 18, by striking all before
``amending''; in line 19, by striking ``, 79-3235 and 79-3617''; in line 20,
before ``and'' by inserting ``and 7932,175'';
  And your committee on conference recommends the adoption of this report.
Phill Kline
Tony Powell
Bruce Larkin   Conferees on part of House Audrey Langworthy
David R. Corbin
Janis K. Lee   Conferees on part of Senate   On motion of Rep. Phill Kline, the
conference committee report on SB 51 was adopted.
  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, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Pow ell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallen burger, 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, O'Neal.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Mayans to concur in Senate amendments to HB 2185, the
motion did not prevail and the bill remains in conference.
  On roll call, the vote was: Yeas 61; Nays 62; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Allen, Ballou, Benlon, Boston, Burroughs, Campbell, Carmody,
Cox, Crow, Dillon, Findley, Flaharty, Flora, Franklin, Gilbert, Gilmore,
Glasscock, Gregory, Haley, Helgerson, Henderson, Henry, Horst, Huff, Johnston,
Kirk, Klein, Phill Kline, Kuether, Lane, J. Long, Mayans, McKechnie, Morrison,
Myers, Nichols, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Ruff, Sawyer,
Shallenburger, Shultz, Sloan, Spangler, Stone, Swen son, Tanner, Toelkes,
Tomlinson, Toplikar, Vining, Wagle, Weiland, Welshimer, Wilk, Wil son.
  Nays: Alldritt, Aurand, Ballard, Beggs, Bradley, Compton, Correll, Dahl,
Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Flower, Freeborn, Garner,
Geringer, Grant, Hayzlett, Holmes, Howell, Humerickhouse, Hutchins, Jennison,
Johnson, Kejr, Phil Kline, Krehbiel, Landwehr, Larkin, Lloyd, P. Long, Mason,
Mays, McClure, McCreary, McKin

866                           JOURNAL OF THE HOUSE

ney, Minor, Mollenkamp, Neufeld, O'Connor, Osborne, Packer, Palmer, Pauls, E.
Peterson, J. Peterson, Presta, Reinhardt, Samuelson, Schwartz, Sharp, Shore,
Showalter, Shriver, Storm, Thimesch, Vickrey, Weber, Wells, Wempe.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 162, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
amendments, as follows:
  On page 3, in line 18, after the period, by inserting ``In the event any such
property which has been exempted pursuant to the preceding sentence is not used
for religious purposes prior to its conveyance which results in its use for
nonreligious purposes, there shall be a recoupment of property taxes in an
amount equal to the tax which would have been levied upon such property except
for such exemption for all taxable years for which such exemption was in
effect. Such recoupment tax shall become due and payable in such year as
provided by K.S.A. 79-2004, and amendments thereto. A lien for such taxes shall
attach to the real property subject to the same on November 1 in the year such
taxes become due and all such taxes remaining due and unpaid after the date
prescribed for the payment thereof shall be collected in the manner provided by
law for the collection of delinquent taxes. Moneys collected from the
recoupment tax hereunder shall be credited by the county treasurer to the
several taxing subdivisions within which such real property is located in the
proportion that the total tangible property tax levies made in the preceding
year for each such taxing subdivision bear to the total of all such levies made
in that year by all such taxing subdivisions. Such moneys shall be credited to
the general fund of the taxing subdivision or if such taxing subdivision is
making no property tax levy for the support of a general fund such moneys may
be credited to any other tangible property tax fund of general application of
such subdivision.'';
  And your committee on conference recommends the adoption of this report.
Phill Kline
Tony Powell
ruce Larkin   Conferees on part of House Audrey Langworthy
David R. Corbin
Janis K. Lee   Conferees on part of Senate   On motion of Rep. Phill Kline, the
conference committee report on SB 162 was adopted.
  On roll call, the vote was: Yeas 114; Nays 9; 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,
Flower, Franklin, Freeborn, Gar ner, Geringer, Gilbert, Gilmore, Glasscock,
Grant, Gregory, Hayzlett, Helgerson, Hender son, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline,
Phill Kline, Krehbiel, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol lenkamp,
Morrison, Myers, Neufeld, Nichols, O'Connor, 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,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk, Wilson.
  Nays: Crow, Flora, Haley, Kirk, Klein, Kuether, Spangler, Toelkes, Wempe.
  Present but not voting: None.

                                 April 11, 1997                             867

  Absent or not voting: Dean, O'Neal.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 164, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
amendments, as follows:
  On page 16, following line 18, by inserting:
  ``Sec. 11.  K.S.A. 74-7008 is hereby amended to read as follows: 74-7008.
(a) The board may appoint an executive director and an assistant
executive director who shall be in the unclassified service of the Kansas
civil service act and shall receive an annual salary fixed by the board.
  (b)  Members of the state board of technical professions attending
meetings of such board, or attending a subcommittee meeting thereof authorized
by such board, shall be paid compensation, subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223 and amendments thereto.
  (c)  The board may employ clerical personnel and other assistants all
of whom shall be in the classified service under the Kansas civil service act
and may make and enter into contracts of employment with such professional
personnel as may be necessary, in the board's judgment, for the performance of
its duties and functions and the execution of its powers.
  Sec. 12.  K.S.A. 74-7009 is hereby amended to read as follows: 74-7009.
(a) The follow ing nonrefundable fees shall be collected by the board:
  (1)  For a an original license, issued upon the basis of an
examination given by the board, an application fee in the sum of $25
not more than $200 plus an amount, to be determined by the board,
equal to the cost of the respective any examination required by
the board in each branch of the technical professions.;
  (2)  for a license by reciprocity under K.S.A. 74-7024 and amendments
thereto, an ap plication fee of not more than $500;
  (3)  for a certificate of authorization for a corporation, the sum of not
more than $150. $300;
  (4)  for the biennial renewal of a license, the sum of not more than
$50. $200; and
  (5)  for the biennial renewal of a certificate of authorization for a
corporation, the sum of not more than $75 $300.
  (b)  On or before November 15, each year, the board shall determine the
amount nec essary to administer the provisions of this act for the ensuing
calendar year including the amount to be credited to the state general fund,
and shall fix the fees for such year at the sum deemed necessary for such
purposes.
  (c)  The board shall remit all moneys received by or for it from fees,
charges or penalties to the state treasurer at least monthly. Upon receipt of
each such remittance the state treasurer shall deposit the entire amount
thereof in the state treasury. Twenty percent of each such deposit shall be
credited to the state general fund and the balance shall be credited to the
technical professions fee fund, which fund is hereby created. All expenditures
from such fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouchers
approved by the chairperson of the board or by a person or persons designated
by the chairperson.
  Sec. 13.  K.S.A. 74-7024 is hereby amended to read as follows: 74-7024.
(a) Any person who holds a current license or certificate of
qualification or registration to practice any branch of the technical
professions issued by the proper authority in any other state or political
subdivision of the United States or in any other country may be exempted from
examination for licensure in this state if the requirements under which said
such license or certificate was issued are of a standard accepted by
the board and if the person's record fully meets the requirements of this state
in all respects other than examination. The board may issue, upon application
therefor and receipt of payment of the application fee prescribed under K.S.A.
74-7009, and amendments thereto, or the fee which would be charged a
licensee who is a resident of the state of Kansas applying for licensure or
certification in the

868                           JOURNAL OF THE HOUSE

state in which the applicant for licensure in this state resides, whichever is
greater, a license to practice the appropriate technical profession if the
proper authority of the state, political subdivision or country from which the
applicant holds a license or certificate agrees to accept on an equal basis
persons who hold licenses issued by the authority of this state.
  (b)  The board may exempt from examination and may issue upon application
therefor and the payment of the application fee prescribed in K.S.A. 74-7009,
and amendments thereto, the appropriate license to (1) any engineer who holds a
license or certificate of qualification or registration issued by proper
authority of the national council of state boards of engineering examiners, or
of the national bureau of engineering registration; and (2) any architect who
holds a certificate of the national council of architectural registration board
or the equivalent thereof, as determined by the board.
  Sec. 14.  K.S.A. 74-7035 is hereby amended to read as follows: 74-7035. The
provisions of this act shall not apply to:
  (a)  The practice of any technical profession by a person who is not a
resident of and has no established place of business in the state of Kansas, or
who has recently become a resident of this state, if such person has filed with
the board an application for a license and has paid the application fee
required by this act. Such person shall be legally qualified by license or
registration to practice the profession in such person's own state or country
in which the requirements and qualifications for obtaining a license or
certificate of registration are not lower than those specified in this act.
Such practice shall continue only for such time as the board requires for the
consideration of the application for license;
  (b) (a)  The work of an employee or a subordinate of a person
holding a license under this act, or an employee of a person practicing
lawfully under subsection (a), if such work does not include final designs
or decisions, responsible charge of design or supervision and is done under the
direct responsibility and supervision of a person practicing lawfully under
subsection (a) a technical profession;
  (c) (b)  the practice of persons who are not residents of and
have not established a place of business in this state, who are acting as
consulting associates of persons licensed under the provisions of this act and
who are legally qualified for such professional service in such persons' own
state or country;
  (d) (c)  the practice of persons who are employees of any person,
firm or corporation and who do not offer to the public their services in the
technical professions;
  (e) (d)  the practice of any person who is exclusively and
regularly employed by one employer only, the employer not being an engineering,
architectural or land surveying firm, and the employer not being primarily
engaged in the business of conveying an interest in real property, in an
employer-employee relationship, in making surveys of land and deter minations
of physical property rights in connection only with the affairs of such
employer or its subsidiaries and affiliates and for the uses, purposes and
benefit of such employer, subsidiaries and affiliates, only;
  (f)  a nonresident person who holds a license or certificate of
registration to practice the technical professions in another state and whose
practice in this state is limited to agreeing to perform or holding the
person's self out as able to perform a technical profession, if the person
notifies the board in writing before engaging in such practice and does not
engage in such practice for more than 30 days. If, within that time, the person
applies for licensure to practice the technical professions in this state, the
person may practice in this state to the extent permitted by subsection (a);
  (g) (e)  a plumbing contractor, master plumber or journeyman
plumber licensed under the provisions of K.S.A. 12-1508 et seq., and
amendments thereto, while performing the work such plumber is authorized to
perform pursuant to such license; or
  (h) (f)  an electrical contractor, master electrician,
journeyman, electrician or residential electrician licensed under the
provisions of K.S.A. 12-1525 et seq., and amendments thereto, while
performing the work such electrician is authorized to perform pursuant to such
license.
  (i) (g)  For purposes of this act, public officers and employees
who, within the scope of their employment and in the discharge of their public
duties, provide information pertinent to or review the sufficiency of technical
submissions, or who inspect property or buildings for compliance with
requirements safeguarding life, health or property, are not engaged in the
practice of the technical professions.'';

                                 April 11, 1997                             869

  By renumbering sections accordingly;
  Also on page 16, in line 19, by striking ``and 65-4208'' and inserting
``65-4208, 74-7008, 74-7009, 74-7024 and 74-7035'';
  In the title, in line 14, by striking all following ``concerning''; in line
15, by striking all before the semicolon and inserting ``certain state boards;
relating to licenses of such boards; relating to fees imposed on such
licensees''; also in line 15, by striking ``and'' and inserting a comma; in
line 16, following ``65-4208'' by inserting ``, 74-7008, 74-7009, 74-7024 and
747035'';
  And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry   Conferees on part of House Sandy Praeger
Larry D. Salmans
Chris Steineger   Conferees on part of Senate   On motion of Rep. Mayans to
adopt the conference committee report on SB 164, Rep. Phil Kline offered
a substitute motion to not adopt the conference committee report and asked that
a new conference committee be appointed. The substitute motion prevailed.
  Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as
sec ond conferees on the part of the House.

REPORTS OF STANDING COMMITTEES

  The Committee on Federal and State Affairs recommends SCR 1612 be
amended on page 1, in line 37, by striking ``the chil-''; in line 38, by
striking ``dren of''; following line 39, by inserting new material as follows:
  ``WHEREAS, The Federal government is requesting the states to enact
legislation to be in compliance with the Personal Responsibility and Work
Opportunity Act of 1996 without the benefit of the states having access to the
administrative rules and regulations which have not been adopted at this time.
The Federal government should refrain from enacting State mandates without
first adopting adequate rules and regulations, as well as opt-out provisions;
and'';
  Also on page 1, in line 40, by striking ``traditional'' and inserting
``constitutional''; in line 41, by striking ``traditionally'' and inserting
``constitutionally'';
  On page 2, in line 10, preceding the semicolon, by inserting ``guaranteed in
the Consti tution of the United States in amendments 4, 5, 6 and 14''; in line
18, by striking ``that'' and inserting ``to which''; in line 19, by striking
``knows'' and inserting ``can best judge''; in line 25, following ``Kansas'',
by inserting ``, its members having sworn to uphold the Constitution of the
United States and the Constitution of the State of Kansas,''; following line
30, by inserting new material as follows:
  ``Be it further resolved:  That the President of the Senate and the
Speaker of the House of Representatives should extend an invitation to each
member of the Kansas Congressional Delegation to attend a meeting during the
1998 Legislative session and stand for questions concerning the Personal
Responsibility and Work Opportunity Act of 1996; and
  Be it further resolved:  That in accordance with K.S.A. 75-702, the
attorney general of the State of Kansas is hereby required to vigorously defend
the positions enumerated in this resolution and to cooperate with other States
in any action which would support such po sitions; and'';
  Also on page 2, in line 34, by striking ``and'' and inserting a comma; in
line 35, preceding the period, by inserting ``and the presiding officers of the
other 49 State Legislatures''; and the concurrent resolution be adopted as
amended.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that

870                           JOURNAL OF THE HOUSE

  Request No. 122, by Representative Weber, congratulating the City of
Council Grove on its sesquicentennial year;
  Request No. 123, by Representative Weber, congratulating Garland
Hendrickson for being recognized as Distinguished Citizen of 1996 by the
Americus Chamber of Commerce;
  Request No. 124, by Representative Weber, congratulating Elenore Rucker
for being named 1996 Senior Citizen of the Year in Herington;
  Request No. 125, by Representative Weber, congratulating Verl Ledy for
being named 1996 Citizen of the Year in Herington;
  Request No. 126, by Representative Weber, congratulating Gordan and
Mary Schroeder for being named 1996 Young Citizens of the Year in Herington;
  Request No. 127, by Representative Phelps, congratulating Deliece
Mullen, O'Loughlin School Teacher, 1995 Presidential Award winner for
excellence in mathematics and science;
  Request No. 128, by Representative Phelps, congratulating Julie Bliese,
O'Loughlin School Teacher, 1996 Presidential Award winner for excellence in
mathematics and science;
be approved and the Chief Clerk of the House be directed to order the printing
of said certificates and order drafting of said resolutions.
  On motion of Rep. Jennison, the committee report was adopted.
  The House stood at ease until the sound of the gavel.
                                   _________
  Speaker Shallenburger called the House to order.

MESSAGE FROM THE SENATE

  The Senate adopts conference committee report on SB 7.
  The Senate adopts conference committee report on SB 63.
  The Senate adopts conference committee report on SB 147.
  The Senate adopts conference committee report on SB 229.
  The Senate adopts conference committee report on SB 232.
  The Senate adopts conference committee report on SB 333.
  The Senate adopts conference committee report on HB 2105.
  The Senate adopts conference committee report on HB 2129.
  The Senate accedes to the request of the House for a conference on Sub. SB
86 and has appointed Senators Steffes, Praeger and Feleciano as third
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2071 and has appointed Senators Steffes, Praeger and Feleciano as third
conferees on the part of the Senate.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2105, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with Senate Committee
of the Whole amendments, as follows:
  On page 7, in line 35, after ``41'' by inserting ``, 42''; in line 40 after
``41'' by inserting ``, 42'';
  On page 17, by striking all in lines 34 through 40 and inserting the
following:
  ``(b)  An exemption certificate shall relieve the vendor from collecting and
remitting tax when taken in good faith. A vendor shall be presumed to have
accepted an exemption certificate in good faith in the absence of evidence to
the contrary. A vendor shall be deemed to have accepted an exemption
certificate in good faith if the vendor: (1) Maintains a com pleted exemption
certificate; (2) has ascertained the identity of the person or entity who
presented the exemption certificate; and (3) has not been shown by a
preponderance of the evidence to have had knowledge that the presentation of
the certificate was improper.'';
  On page 26, in line 33, by striking the semicolon and inserting a comma;

                                 April 11, 1997                             871

  On page 31, in line 5, before ``and'' by inserting ``or a court of competent
jurisdiction orders that a refund be made,''; also, in line 5, before ``the''
by inserting ``or in the event a change in valuation which results in a refund
pursuant to subsection (a),''; in line 21, by striking all after ``where''; by
striking all in lines 22 through 25;
  On page 51, in line 1, after the period by inserting ``(a)''; in line 12, by
striking ``one''; in line 13, by striking ``year of'' and inserting ``three
years of mass''; in line 19, by striking ``assessor'' and inserting ``or
district appraiser''; in line 24, by striking all after ``currently''; by
striking all in lines 25 through 30; in line 31, by striking ``currently a''
and inserting ``: (1) A''; in line 33, before the period by inserting ``; (2) a
registered mass appraiser pursuant to rules and regulations adopted by the
secretary of revenue; or (3) holding a valid residential evaluation specialist
or certified assessment evaluation designation from the International
Association of Assessing Officers''; in line 34, after ``county'' by inserting
``or district''; also, in line 34, by striking all after ``appraiser''; in line
35, by striking all before ``shall'' and inserting ``on the effective date of
this act and who is not eligible for reappointment pursuant to this section'';
in line 36, by striking all after ``office''; in line 37, by striking all
before the period and inserting ``or appointment as a county or district
appraiser in another county for a term expiring on July 1, 1999, and if any
such person qualifies for an original appointment or reappointment prior to
July 1, 1999, such person may be reappointed for a full term, and any other
person who has at least three years of mass appraisal experience and is
qualified by the director of property valuation as an eligible Kansas appraiser
shall be eligible for appointment to such office for a term expiring on July 1,
1999, and if any such person qualifies for an original appointment prior to
July 1, 1999, such person may be reappointed for a full term''; after line 37,
by inserting the following:
  ``(b)  The secretary of revenue shall adopt rules and regulations prior to
October 1, 1997, necessary to establish qualifications for the designation of a
registered mass appraiser.'';
  On page 76, by striking all in lines 28 through 43;
  By striking all on pages 77 through 80;
  On page 81, by striking all in lines 1 through 38; after line 38, by
inserting the following:
  ``New Sec. 49.  (a) Whenever the appraised valuation of any single-family
owner-occu pied residential real property established for property taxation
purposes exceeds by 75% or more the appraised valuation of such property for
such purposes established for utilization for the next preceding taxable year,
and if such increase is not due to such property being improved, a portion of
the property tax attributable to such increase shall be refunded to the
taxpayer as provided by this section.
  (b)  Any person who qualifies for a refund pursuant to the provisions of
subsection (a) and has completed an appeal pursuant to K.S.A. 79-1448, and
amendments thereto, from the appraised valuation established for such
residential real property may apply for a refund of property tax to the
division of taxation of the department of revenue. For the taxable year for
which such increase is established, the amount of such refund shall be equal to
80% of the property tax attributable to such increase; for the taxable year
next succeeding the taxable year for which such increase is established, the
amount of such refund shall be equal to 50% of the property tax attributable to
such increase; and for the second taxable year suc ceeding the taxable year for
which such increase is established, the amount of such refund shall be equal to
25% of the property tax attributable to such increase.
  (c)  The secretary of revenue shall adopt rules and regulations necessary to
effectively implement the provisions of this section, and shall devise forms
necessary for the imple mentation of this section.
  (d)  The provisions of this section shall be applicable to all taxable years
commencing after December 31, 1996.
  Sec. 50.  K.S.A. 1996 Supp. 79-4216 is hereby amended to read as follows:
79-4216. As used in this act, unless the context clearly requires otherwise,
the following words and phrases shall have the meanings ascribed to them
herein:
  (a)  ``Barrel'' for oil measurement means a barrel of 42 U.S. gallons of 231
cubic inches per gallon, computed at a temperature of 60 degrees Fahrenheit.
  (b)  ``Director'' means the director of taxation.

872                           JOURNAL OF THE HOUSE

  (c)  ``Gas'' means natural gas taken from below the surface of the earth or
water in this state, regardless of whether from a gas well or from a well also
productive of oil or any other product.
  (d)  ``Gross value'' means the sale price of oil or gas at the time of
removal of the oil or gas from the lease or production unit and if oil or gas
is exchanged for something other than cash, or if no sale occurs at the time of
removal or if the director determines that the relationship between the buyer
and the seller is such that the consideration paid, if any, is not indicative
of the true value or market price, then the director shall determine the value
of the oil or gas subject to tax, based on the cash price paid to one
or more producers for the oil or gas or based on the cash price paid to
producers for like quality oil or gas in the vicinity of the lease or
production unit at the time of the removal of the oil or gas from the lease or
production unit. Notwithstanding the foregoing, if no sale of gas occurs at
the time of removal and such gas is not stored, then the gross value of gas for
the purpose of taxation under this act shall be the price for which such gas is
sold at the time of sale if such sale is not between related parties.
  (e)  ``Oil'' means petroleum, or other crude oil, condensate, casinghead
gasoline, or other mineral oil which is severed or withdrawn from below the
surface of the soil or water in this state.
  (f)  ``Operator'' means the person primarily responsible for the management
and oper ation of coal, oil or gas productions from a lease, production unit or
mine.
  (g)  ``Person'' means any natural person, firm, copartnership, joint venture,
association, corporation, estate, trust or any other group or combination
acting as a unit, and the plural as well as the singular number.
  (h)  ``Producer'' means any person owning, controlling, managing or leasing
any coal, oil or gas property or oil or gas well or coal or salt mine, and any
person who serves in any manner any coal, oil or gas in this state, and shall
include any person owning any direct and beneficial interest in any coal, oil
or gas produced, whether severed by such person or some other person on their
behalf, either by lease, contract or otherwise, including a royalty owner.
  (i)  ``Remove'' or ``removal'' means the physical transportation of coal, oil
or gas off of the lease or production unit or from the mine where severed; and
if the manufacture or conversion of crude oil or natural gas into refined
products occurs on the premises where severed, oil or gas shall be deemed to
have been removed on the date such manufacture or conversion begins.
  (j)  ``Secretary'' means the secretary of revenue.
  (k)  ``Severed'' or ``severing'' means: (1) The production of oil through
extraction or withdrawal of the same from below the surface of the soil or
water, whether such extraction or withdrawal shall be by natural flow,
mechanical flow, forced flow, pumping or any other means employed to get the
oil from below the surface of the soil or water and shall include the
withdrawal by any means whatsoever of oil upon which the tax has not been paid,
from any surface reservoir, natural or artificial, or from a water surface; (2)
the production of gas through the extraction or withdrawal of the same by any
means whatsoever, from below the surface of the earth or water; and (3) the
physical removal of coal from the earth.
  (l)  ``Taxpayer'' means any person liable for the taxes imposed by this act.
  (m)  ``Disruption of production'' means, in the case of oil, a continuous
24-hour period during which a well is not producing. Circulating and missed
production days shall be considered production days if the operator can
demonstrate that any lost production is subsequently recovered during a later
production day. In the case of gas, a continuous onehour period during which a
well is not open to the pipeline shall be deemed to be a dis ruption of
production. Missed production hours shall be considered production hours if the
operator can demonstrate that any lost production is subsequently recovered
during later production hours.
  Sec. 51.  K.S.A. 79-4225 is hereby amended to read as follows: 79-4225. (a)
If any taxes imposed under this act and determined and assessed by the director
are unpaid: (1) Not due to negligence or to intentional disregard of this act
or rules and regulations promulgated by the secretary, interest on such taxes
shall be added at the rate per month prescribed by subsection (a) of K.S.A.
79-2968, and amendments thereto, from the date the tax was due until paid; (2)
due to negligence or to intentional disregard of this act or rules and
regulations

                                 April 11, 1997                             873

promulgated by the secretary, but without intent to defraud, a penalty of 10%
of the amount of such taxes shall be added, together with interest at the rate
per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments
thereto, from the date the tax was due until paid; (3) due to fraud with intent
to evade the tax imposed by this act, there shall be added thereto a penalty of
50% of the amount of such tax, together with interest at the rate per month
prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from
the date the tax was due until paid.
  (b)  If any person fails or refuses to make any return, when required to do
so under the provisions of this act, such person shall be subject to a penalty
of $25 per day for each return which such person fails or refuses to file.
  (c)  Whenever, in the judgment of the director, the failure of any person to
comply with the provisions of subsection (a)(1), (a)(2), and (b) of this
section, was due to reasonable cause, the director may, in the exercise of
discretion, waive or reduce any of the penalties upon making a record of the
reason therefor.
  (d)  In addition to all other penalties herein provided, any person who fails
to make a return, or to pay any tax herein provided, or who makes a false or
fraudulent return, or fails to keep any books or records prescribed by this
act, or who willfully violates any rules and regulations promulgated by the
secretary for the enforcement and administration of this act, or who aids and
abets another in attempting to evade the payment of any tax imposed by this
act, or who violates any other provisions of this act, shall, upon conviction
thereof, be guilty of a class C misdemeanor.
  (e)  The director of taxation shall examine all returns filed under the
provision of this act, and shall issue notices and final determinations of tax
liability hereunder in the manner prescribed by K.S.A. 79-3226, and amendments
thereto, relating to income taxes.
  New Sec. 52.  In addition to any other rights and privileges provided by law
under the Kansas retailers' sales tax and Kansas compensating tax acts, the
secretary of revenue shall promulgate rules and directives under which the
taxpayer shall be provided:
  (a)  A copy of all work-papers compiled as a result of an audit of such
taxpayer;
  (b)  a personal or telephonic conference conducted by the director of
taxation or agent of the director with the taxpayer or a representative of the
taxpayer after completion of audit field work; and, if additional audit desk
work is performed in the office subsequent to audit field work, a telephonic
conference conducted by the director or agent of the director with the taxpayer
or a representative of the taxpayer after completion of such subsequent audit
desk work; and
  (c)  consideration of the taxpayer's convenience, normal hours of operation,
and the availability of administrative personnel resources in the scheduling of
an audit by the direc tor.'';
  By renumbering existing sections accordingly;
  On page 82, in line 34, by striking ``and 79-32,111'' and inserting ``,
79-32,111 and 794225''; in line 37, by striking all before ``79-1575''; and in
line 40, after the comma, by inserting ``79-4216,'';
  In the title, in line 19, by striking ``and 79-3635 and inserting ``, 79-3635
and 79-4225''; in line 22, by striking all after the second comma; in line 23,
by striking ``79-1492,''; in line 25, before ``79-4226'' by inserting
``79-4216,''
  And your committee on conference recommends the adoption of this report.
Audrey Langworthy
David R. Corbin
Janis K. Lee   Conferees on part of Senate Phill Kline
Tony Powell
Bruce Larkin   Conferees on part of House   On motion of Rep. Phill Kline, the
conference committee report on HB 2105 was adopted.

874                           JOURNAL OF THE HOUSE

  On roll call, the vote was: Yeas 115; Nays 5; Present but not voting 0;
Absent or not voting 5.
  Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Bur roughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Findley, Flaharty, Flower,
Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P.
Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne, Packer,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vick rey, Vining, Wagle, Weber,
Weiland, Wells, Wempe, Wilk, Wilson.
  Nays: Feuerborn, Flora, Klein, Reinhardt, Welshimer.
  Present but not voting: None.
  Absent or not voting: Allen, Dean, Helgerson, O'Neal, Shore.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2129, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with Senate Committee
of the Whole amendments, as follows:
  On page 5, in line 31, by striking ``: (1) Mental'' and inserting ``mental'';
in line 36, by striking ``; or''; by striking all in lines 37 through 43;
  On page 6, in line 1, by striking all before the period; in line 3, by
striking ``: (A) A'' and inserting ``a''; in line 4, by striking ``(1)''; in
line 9, by striking ``; or''; by striking all in lines 10 through 16; in line
17, by striking all before the period;
  On page 8, by striking all in lines 30 through 43;
  On page 9, by striking all in lines 1 through 23;
  On page 16, in line 25, after ``(2)'' by inserting ``issued an institutional
license prior to the effective date of this act and is''; in line 32, after
``thereto'' by inserting ``, in a psychiatric hospital licensed under K.S.A.
75-3307b and amendments thereto'';
  On page 17, by striking all in lines 7 through 43;
  By striking all of page 18;
  On page 19, by striking all in lines 1 through 29;
  And by renumbering sections accordingly;
  Also on page 19, by striking all in lines 38 through 43;
  On page 20, by striking all in lines 1 through 4;
  And by renumbering the remaining section accordingly;
  On page 1, in the title, in line 16, by striking all after the semicolon; in
line 17, by striking ``persons;''; in line 19, by striking ``59-2972,''; in
line 24, by striking all after ``Kansas''; by striking all in lines 25 through
28; in line 29, by striking ``Kansas'';
  And your committee on conference recommends the adoption of this report.
Sandy Praeger
Larry D. Salmans
Chris Steineger   Conferees on part of Senate Carlos Mayans
Jim Morrison
Jerry Henry   Conferees on part of House   On motion of Rep. Mayans, the
conference committee report on HB 2129 was adopted.
  On roll call, the vote was: Yeas 115; Nays 6; Present but not voting 0;
Absent or not voting 4.

                                 April 11, 1997                             875

  Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Bur roughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dillon, Dreher, Ed monds, 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, Krehbiel, Kuether, Landwehr, Lane, Lar kin,
Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell,
Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vick rey, Vining, Wagle, Weiland,
Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Howell, Phill Kline, Packer, Presta, Shallenburger, Weber.
  Present but not voting: None.
  Absent or not voting: Allen, Dean, O'Neal, Shore.
  The House stood at ease until the sound of the gavel.
                                   _________
  Speaker Shallenburger called the House to order.

REPORT ON ENGROSSED BILLS

  HB 2011 reported correctly engrossed April 11, 1997.
  HB 2218, 2490 reported correctly re-engrossed April 11, 1997.
  On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday,
April 30, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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