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


                             SIXTY-THIRD DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                               TOPEKA, KAN., Thursday, May 1, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
  The roll was called with 125 members present.
  Prayer by Rev. Quentin B. Jones, Merriam Christian Church, and guest of Rep.
Franklin:
     You are greater than any of us. You are the author of each of us.  You
   have gifted us as servants of the people of Kansas. As such, we pause to
   acknowledge you.
     As we do, we admit that we have something to ask. We ask not for your
   presence, we seek not to invoke you, rather we ask for your aid.  We pray
   you still us, temper us, and grant us wisdom like that of Solomon. Still
   us that we may listen to the voices of those we serve, those with whom we
   serve, and that voice of yours. Temper us that we may hear that which is
   different, that in our tempering we may consider new possibilities, that
   in the inuring of being tempered, we may have the courage to do the right.
     In these problematic days, we most need wisdom. In wisdom is vision to
   see the course we should take and clarity to accomplish it. In wisdom is
   the recognition that there is no greater calling than to serve the people.
     Enable us as we stand before you. Amen.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Appropriations: HB 2577.
  Committee of the Whole: HB 2579, 2580, 2581, 2582; HR 6014.
  Financial Institutions: HB 2578.

CHANGE OF REFERENCE

  Speaker pro tem Wagle announced the withdrawal of SB 140 from
Committee on Federal and State Affairs. Having been referred separately to
Committee on Judiciary and Com mittee on Federal and State Affairs, the bill
remains in Committee on Judiciary.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS

  The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6015--
By Representatives Shallenburger and Adkins, Alldritt, Allen, Aurand,
Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell,
Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gil more, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc Kinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Pow ers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Sharp, Shore,

892                           JOURNAL OF THE HOUSE

Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshi mer, Wempe, Wilk and Wilson
          A RESOLUTION congratulating and commending Richard W. Ryan.
  WHEREAS, Richard W. Ryan retired December 14, 1996, at age 70 after serving
nearly 19 years as the Director of the Kansas State Legislative Research
Department; and
  WHEREAS, Richard W. Ryan commenced working for the Legislative Research De
partment in 1950 and, except for a two-year period from 1959 to 1961, worked
continuously for the Legislative Research Department until his retirement;
and
  WHEREAS, Richard W. Ryan served as interim director on two occasions but
resisted appointment as the director preferring instead to work in his
specialties of tax policy and budget analysis; and
  WHEREAS, Richard W. Ryan, as Director of the Legislative Research
Department, ensured an outstanding nonpartisan work product by Research
Department employees and facilitated critical yet fair analysis by his staff;
and
  WHEREAS, Richard W. Ryan was a founding member of the State General Fund
Con sensus Revenue Estimating Group, and through his leadership and astute
abilities to ac curately forecast State General Fund receipts 18 months in
advance, the Kansas Legislature and Governors of Kansas came to rely on this
special skill of revenue forecasting for their policy decisions; and
  WHEREAS, Richard W. Ryan served the Legislative Budget Committee with
distinction since its creation in 1971 and provided valuable information and
analysis to the Committee throughout its history. In addition, Richard W.
Ryan had the unique talent of explaining a State General Fund profile so all
could understand the issues displayed within the profile and is the only
state employee ever to fully grasp the definition of state aid to local units
of government; and
  WHEREAS, Richard W. Ryan, an avid walker and connoisseur of fine cigars,
was, to those unacquainted with him, a wiry figure moving with solemn
determination through the halls of the statehouse. Many never realized that
this casually dressed person was a consum mate professional, a veritable
storehouse of information about Kansas state government and an incredible
presence to those associated with him; and
  WHEREAS, Richard W. Ryan was born and reared in Topeka and earned a
bachelor's degree in political science and history from Washburn University
in 1949 and a master's degree in political science from Kansas University in
1950; and
  WHEREAS, Richard W. Ryan is married to Kathryn Creel Ryan. They have a
daughter, Kathleen England, and a son, Kelly Ryan, and are proud grandparents
of two grandsons, Patrick Ryan and Richard England: Now, therefore,
  Be it resolved by the House of Representatives of the State of
Kansas:  That we congrat ulate and commend Richard W. Ryan for his 44
years of devoted service to the state of Kansas and for the legacy of
professional excellence he leaves after his many years as Di rector of the
Kansas State Legislative Research Department; and
  Be it further resolved:  That the Chief Clerk of the House of
Representatives be directed to send an enrolled copy of this resolution to
Mr. and Mrs. Richard W. Ryan, 2711 S.W. Huntoon, Topeka, Kansas 66604, Mr.
Kelly Ryan, 12216 Poppleton Plaza, No. 337, Omaha, Nebraska 68124, Mrs.
Kathleen England, 215 North 44th, No. 302, Lincoln, Nebraska 68503, Mr.
Patrick Ryan, 13405 Cedar Street, Omaha, Nebraska 68144, Mr. Richard Eng
land, 2515 Cochin, Grand Island, Nebraska 68801 and to Mr. Ben Barrett,
Director, Leg islative Research Department, Room 545N, Statehouse, Topeka,
Kansas 66612.

REPORTS OF STANDING COMMITTEES

  The Committee on Judiciary recommends House Substitute for SB
140 be amended by substituting a new bill to be designated as ``House
Substitute for SENATE BILL No. 140,'' as follows:

                                  May 1, 1997                               893

``HOUSE Substitute for SENATE BILL No. 140
By Committee on Judiciary
``AN ACT concerning child support enforcement; the uniform interstate family
support act; income withholding act; amending K.S.A. 23-4,101, 23-4,106,
23-4,107, 23-4,108, 234,109, 23-4,110, 23-4,111, 23-4,129, 23-4,133,
23-4,146, 23-9,101, 23-9,202, 23-9,205, 23-9,206, 23-9,207, 23-9,301,
23-9,304, 23-9,305, 23-9,306, 23-9,307, 23-9,311, 239,313, 23-9,401,
23-9,501, 23-9,605, 23-9,606, 23-9,607, 23-9,609, 23-9,610, 23-9,611,
23-9,801, 23-9,902, 32-930, 38-1113, 38-1131, 39-702, 39-753, 39-758, 39-759,
44-514, 44-710b, 60-2202, 60-2401 and 75-3306 and K.S.A. 1996 Supp. 38-1115,
38-1119, 381121, 38-1137, 38-1138, 44-710, 44-717, 60-1610, 74-146, 74-147
and 79-3234 and re pealing the existing sections.''; and the substitute bill
be reported without recommendation.
  (H. Sub. for SB 140 was thereupon introduced and read by title.)
  The Committee on Taxation recommends SB 40, as amended by
Senate Committee, be amended on page 1, by striking all in lines 15 through
43;
  By striking all on pages 2 through 4 and inserting the following:
  ``Section 1.  K.S.A. 1996 Supp. 65-163d is hereby amended to read as
follows: 65-163d. As used in K.S.A. 1996 Supp. 65-163d through 65-163u and
amendments thereto:
  (a)  ``Fund'' means the public water supply loan fund established by K.S.A.
1996 Supp. 65-163e and amendments thereto.
  (b)  ``Municipality'' means: (1) Any political or taxing subdivision
authorized by law to construct, operate and maintain a public water supply
system, including water districts; or   (2) two or more such
subdivisions jointly constructing, operating or maintaining a public water
supply system; or (3) the Kansas rural water finance authority.
  (c)  ``Project'' means any acquisition, construction, reconstruction,
improvement, equip ping, rehabilitation or extension of all or any part of a
public water supply system. ``Project'' does not include any project related
to the diversion or transportation of water acquired through a water
transfer, as defined by K.S.A. 82a-1501 and amendments thereto.
  (d)  ``Project costs'' means all costs or expenses which are necessary or
incident to a project and which are directly attributable thereto.
  (e)  ``Public water supply system'' has the meaning provided by K.S.A.
65-162a and amendments thereto.
  (f)  ``Secretary'' means the secretary of health and environment.
  Sec. 2.  K.S.A. 1996 Supp. 65-163d is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.``
  In the title, in line 10, by striking all after ``ACT''; by striking all in
lines 11 and 12 and inserting ``relating to the financing of public water
supply projects; amending K.S.A. 1996 Supp. 65-163d and repealing the
existing section.''; and the bill be passed as amended.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of
the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the
purpose of considering HB 2579, 2580, 2581; SB 140, 164.

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HB
2579, 2580, 2581; SB 140 were advanced to Final Action on Bills and
Concurrent Resolutions, subject to amendment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  HB 2579, An act concerning setoff against debtors of the state,
municipalities and certain foreign states; amending K.S.A. 1996 Supp. 75-6202
and repealing the existing section; also repealing K.S.A. 1996 Supp.
75-6202a, was considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.

894                           JOURNAL OF THE HOUSE

  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hay zlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch ins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, 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.
  Absent or not voting: Garner, Nichols.
  The bill passed.
  HB 2580, An act repealing K.S.A. 40-1909, as amended by section 110
of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1995 Supp.
40-19b10, as amended by section 112 of chapter 229 of the 1996 Session Laws
of Kansas and 40-19d10, as amended by section 114 of chapter 229 of the 1996
Session Laws of Kansas; relating to accident and health insurance, was
considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hay zlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch ins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, 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.
  Absent or not voting: Garner, Nichols.
  The bill passed.
  HB 2581, An act repealing K.S.A. 40-2,125, as amended by section 6 of
1997 House Bill No. 2104, was considered on final action.
  On roll call, the vote was: Yeas 125; Nays 0; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nich ols, O'Connor, O'Neal, Osborne, Packer,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone,

                                  May 1, 1997                               895

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: None.
  The bill passed.
  Committee report recommending a substitute bill on H. Sub. for SB 140
was adopted.
  Also, roll call was demanded on motion of Rep. Powers to strike the
enacting clause to H. Sub. for SB 140.
  On roll call, the vote was: Yeas 21; Nays 103; Present but not voting 0;
Absent or not voting 1.
  Yeas: Edmonds, Farmer, Freeborn, Howell, Kejr, Larkin, P. Long, Mayans,
McKechnie, Myers, Nichols, O'Connor, Palmer, J. Peterson, Powers, Shore,
Shriver, Spangler, Tanner, Weber, Welshimer.
  Nays: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Empson, Faber, Feuerborn, Findley, Flaharty,
Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore, Glasscock,
Grant, Gregory, Haley, Hayzlett, Helgerson, Hen derson, Henry, Holmes, Horst,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, John ston, Kirk, Klein,
Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lloyd, J. Long,
Mason, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Neu
feld, O'Neal, Osborne, Packer, Pauls, E. Peterson, Phelps, Pottorff, Powell,
Presta, Ray, Reardon, Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger,
Sharp, Showalter, Shultz, Sloan, Stone, Storm, Swenson, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Wempe, Wilk,
Wilson.
  Present but not voting: None.
  Absent or not voting: Ruff.
  The motion of Rep. Powers did not prevail.
  Also, on motion of Rep. Garner to amend H. Sub. for SB 140, the
motion did not prevail.
  Also, on motion of Rep. Landwehr H. Sub. for SB 140 was amended on
page 69, in line 39, by striking ``under false pretenses or who''; by
striking all in line 40; in line 41, by striking ``person''; in line 43,
after the period, by inserting ``With respect to information obtained by the
secretary under K.S.A. 39-758 or sections 3, 12 and 19, and amendments
thereto, any person who willfully requests, obtains or seeks to obtain
confidential information under false pretenses or who willfully communicates
or seeks to communicate such information to any person except in accordance
with any law permitting such disclosure shall be guilty of a severity level
10, nonperson felony.'';
  On page 70, in line 2, after the period, by inserting ``If the offender's
supervisor does not dismiss the offender, such supervisor shall be dismissed
from office.'' in line 4, by striking all after ``contract''; in line 5, by
striking all before the period and inserting ``and the contract shall be
terminated; in line 8, after the period, by inserting ''When the individual
is hired as an officer or employee of the state or a political subdivision or
hired by a IV-D contractor, such individual shall be given verbal and written
notice of the provisions of this subsection. Such individual shall sign a
statement stating that such information was received.''
  Also, roll call was demanded on motion of Rep. Helgerson to amend H.
Sub. for SB 140  on page 99, after line 14, by inserting the following:
  ``New Sec. 84.  If the state of Kansas or any state agency is fined or has
withheld from eligible funds for TANF block grants under title IV-A of the
federal social security act or funds under title IV-D of the federal social
security act, because it is determined that the state of Kansas is not in
compliance with title IV-D of the federal social security act, the governor
shall call the members of the Kansas legislature back into special session to
address this issue.'';
  And by renumbering sections accordingly;
  On roll call, the vote was: Yeas 60; Nays 63; Present but not voting 0;
Absent or not voting 2.
  Yeas: Alldritt, Ballard, Benlon, Bradley, Burroughs, Campbell, Correll,
Crow, Dean, Dil lon, Empson, Feuerborn, Findley, Flaharty, Flora, Garner,
Gilbert, Glasscock, Grant, Haley,

896                           JOURNAL OF THE HOUSE

Helgerson, Henderson, Henry, Huff, Johnston, Kirk, Klein, Kuether, Larkin, J.
Long, Mc Clure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson,
Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Shallenburger, Sharp, Showalter, Shriver, Storm, Thimesch, Toelkes,
Tomlinson, Vickrey, Weiland, Wells, Welshimer, Wempe, Wilk.
  Nays: Adkins, Allen, Aurand, Ballou, Beggs, Boston, Carmody, Compton, Cox,
Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer,
Gilmore, Greg ory, Hayzlett, Holmes, Horst, Howell, Humerickhouse, Hutchins,
Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Krehbiel, Lane, Lloyd, P.
Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Powell, Presta,
Schwartz, Shore, Shultz, Sloan, Stone, Swenson, Tanner, Toplikar, Vining,
Wagle, Weber, Wilson.
  Present but not voting: None.
  Absent or not voting: Landwehr, Spangler.
  The motion of Rep. Helgerson did not prevail.
  Also, on further motion of Rep. Helgerson to amend H. Sub. for SB
140, the motion did not prevail. Also, on motion of Rep. McKechnie to
amend, the motion did not prevail.
  Also, on motion of Rep. Powers to strike the enacting clause to H. Sub.
for SB 140, Rep. Sawyer rose on a point of order as to whether the same
motion can be offered more than once on the same bill. Rep. Powers requested
the withdrawal of the motion.
  Also, on motion of Rep. Powers to refer H. Sub. for SB 140 to
Committee on Appro priations, Rep. O'Neal rose on a point of order, pursuant
to House Rule 2306, that when not in the Committee of the Whole a motion to
refer a bill to a standing committee can only be made by the Majority Leader,
or in his absence, the Assistant Majority Leader. The motion by Rep. Powers
was ruled out of order.
  Also, on motion of Rep. Powers to table the bill, the motion did not
prevail.
  Also, roll call was demanded on motion of Rep. Garner and H. Sub. for SB
140 was amended on page 99, after line 14, by inserting the following:
  ``New Sec. 1.  From any funds collected in any one month from an obligor,
the secretary of social and rehabilitation services shall pay to the
individual who is receiving services from the department of social and
rehabilitation services pursuant to a title IV-D case from the money paid
from the obligor, an amount equal to $40. As used in this section, ``title
IV-D case'' means a case being administered pursuant to part D of title IV of
the federal social security act (42 U.S.C. &651 et seq.) and amendments
thereto.'';
  And by renumbering sections accordingly;
  On roll call, the vote was: Yeas 72; Nays 49; Present but not voting 0;
Absent or not voting 4.
  Yeas: Alldritt, Ballard, Ballou, Bradley, Burroughs, Campbell, Correll,
Crow, Dahl, Dean, Dillon, Edmonds, Empson, Feuerborn, Findley, Flaharty,
Flora, Flower, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry,
Horst, Huff, Hutchins, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether,
Larkin, J. Long, P. Long, Mayans, Mays, McClure, Mc Kechnie, McKinney, Minor,
Nichols, Packer, Pauls, E. Peterson, Phelps, Powell, Presta, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Showalter, Shriver,
Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle,
Weiland, Wells, Welshimer, Wempe.
  Nays: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Carmody, Compton, Cox,
Dreher, Faber, Farmer, Freeborn, Geringer, Gilmore, Glasscock, Gregory,
Hayzlett, Holmes, How ell, Humerickhouse, Jennison, Johnson, Kejr, Phil
Kline, Lane, Mason, McCreary, Mollen kamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Pottorff, Powers, Ray,
Schwartz, Shore, Shultz, Sloan, Stone, Tomlinson, Weber, Wilk, Wilson.
  Present but not voting: None.
  Absent or not voting: Franklin, Landwehr, Lloyd, Spangler.
  The motion of Rep. Garner prevailed.
  Also, on motion of Rep. Powers to amend H. Sub. for SB 140, Rep.
McKechnie rose on a point of order, stating that the amendment essentially
strikes the enacting clause and therefore would be out of order. The Rules
Chair ruled the amendment out of order.

                                  May 1, 1997                               897

  Also, on motion of Rep. Landwehr H. Sub. for SB 140 was amended on
page 99, after line 14, by inserting the following:
  ``New Sec. 84.  (a) All employers and labor organizations doing business in
this state who are required by the United States government to have all new
employees fill out an I9 form shall place an additional question on such form
asking ``Are you currently or have you been ordered to pay child support
pursuant to a court order?'' All such employers and labor organizations shall
require new employees to answer this question, under penalty of perjury, and
have such statement signed and notarized.
  (b)  If the employee answers in the affirmative to such question, the
employer or labor organization shall submit such statement within 20 days of
the hiring, rehiring or return to work of the employee or 20 days from the
date the employee first receives wages or other compensation from the
employer to the secretary of human resources. The statement shall also
contain the employee's social security number.
  (c)  The department of social and rehabilitation services shall have access
to such state ments to match the employee's social security number with title
IV-D cases.
  Sec. 85.  K.S.A. 21-3805 is hereby amended to read as follows: 21-3805. (a)
Perjury is intentionally, knowingly and falsely:
  (1)  Swearing, testifying, affirming, declaring or subscribing to any
material fact upon any oath or affirmation legally administered in any cause,
matter or proceeding before any court, tribunal, public body, notary public
or other officer authorized to administer oaths; or
  (2)  subscribing as true and correct under penalty of perjury any material
matter in any declaration, verification, certificate or statement as
permitted by K.S.A. 53-601 and amend ments thereto.; or
  (3)  subscribing as true and correct under penalty of perjury any statement
as required by section 84, and amendments thereto.
  (b) (1)  Perjury is a severity level 7, nonperson felony if the false
statement is made upon the trial of a felony charge.
  (2)  Perjury is a severity level 9, nonperson felony if the false statement
is made in a cause, matter or proceeding other than the trial of a felony
charge or is made under penalty of perjury in any declaration, verification,
certificate or statement as permitted by K.S.A. 53-601 and amendments
thereto.'';
  And by renumbering sections accordingly;
  Also on page 99, in line 15, after ``K.S.A.'' by inserting ``21-3805,'';
  On page 1, in the title, in line 12, after ``K.S.A.'' by inserting
``21-3805,'';
  Also, on further motion of Rep. Landwehr H. Sub. for SB 140 was
amended on page 99, after line 14, by inserting the following:
  ``New Sec. 84.  (a) Except as otherwise provided in this section, the
social security num ber of any individual applicant for a professional
license, occupational license or marriage license shall be requested, if
available, on the application for such license. As used in this section, ``on
the application'' includes but is not limited to any document attached or sup
plemental to an application or any optically, electronically or magnetically
recorded data related to an individual application.
  (b)  An agency or other body that accepts applications for professional,
occupational or marriage licenses may permit the use of a Kansas driver's
license number or a nondriver's identification card number on an application,
provided that the agency or body so advises the applicant.'';
  And by renumbering sections accordingly;
  Also, pursuant to House Rule 2301, Rep. Nichols moved to postpone further
action until 11:00 a.m. on May 2, 1997. The motion did not prevail.
  Also, roll call was demanded on motion of Rep. Mayans to amend H. Sub.
for SB 140 on page 4, in line 29, by inserting after the period: ``Every
order requiring payment of child support under this section should require
recipient to file an accounting with the court not less than on a quarterly
basis of the expenditures made of child support payments.'';
  On roll call, the vote was: Yeas 45; Nays 77; Present but not voting 0;
Absent or not voting 3.

898                           JOURNAL OF THE HOUSE

  Yeas: Allen, Ballou, Boston, Bradley, Burroughs, Campbell, Dahl, Edmonds,
Faber, Far mer, Flower, Franklin, Freeborn, Geringer, Gilmore, Hayzlett,
Howell, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline, P. Long,
Mayans, McCreary, Mollenkamp, Morrison, Myers, O'Neal, Osborne, Packer,
Palmer, J. Peterson, Powell, Powers, Presta, Schwartz, Shallenburger, Shultz,
Toplikar, Vickrey, Wagle, Weber, Welshimer, Wilson.
  Nays: Adkins, Alldritt, Aurand, Ballard, Beggs, Benlon, Carmody, Compton,
Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Feuerborn, Findley,
Flaharty, Flora, Garner, Gilbert, Glasscock, Grant, Gregory, Haley,
Helgerson, Henderson, Henry, Holmes, Horst, Huff, Johnson, Johnston, Kirk,
Klein, Phil Kline, Kuether, Lane, Larkin, Lloyd, J. Long, Mason, Mays,
McClure, McKechnie, McKinney, Minor, Neufeld, Nichols, O'Connor, Pauls, E.
Peterson, Phelps, Pottorff, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Sharp, Shore, Showalter, Shriver, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tom linson, Vining, Weiland, Wells, Wempe, Wilk.
  Present but not voting: None.
  Absent or not voting: Krehbiel, Landwehr, Spangler.
  The motion of Rep. Mayans did not prevail.
  H. Sub. for SB 140, An act concerning child support enforcement; the
uniform interstate family support act; income withholding act; amending
K.S.A. 21-3805, 23-4,101, 23-4,106, 23-4,107, 23-4,108, 23-4,109, 23-4,110,
23-4,111, 23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-9,202, 23-9,205,
23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305, 23-9,306, 23-9,307,
23-9,311, 23-9,313, 23-9,401, 23-9,501, 23-9,605, 23-9,606, 23-9,607,
23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930, 38-1113, 38-1131,
39-702, 39-753, 39-758, 39-759, 44-514, 44-710b, 60-2202, 60-2401 and 75-3306
and K.S.A. 1996 Supp. 38-1115, 38-1119, 38-1121, 38-1137, 38-1138, 44-710,
44-717, 60-1610, 74-146, 74-147 and 79-3234 and re pealing the existing
sections, was considered on final action.
  Call of the House was demanded.
  On roll call, the vote was: Yeas 59; Nays 66; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Carmody, Correll,
Cox, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Franklin, Garner,
Geringer, Gilbert, Glas scock, Grant, Haley, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Jennison, John ston, Klein, Phil Kline, Lane, J. Long,
McClure, Minor, Neufeld, Pauls, E. Peterson, Pot torff, Ray, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Shultz, Sloan, Stone,
Storm, Tomlinson, Toplikar, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Aurand, Ballou, Boston, Bradley, Burroughs, Campbell, Compton, Crow,
Dahl, Dean, Edmonds, Faber, Farmer, Flora, Flower, Freeborn, Gilmore,
Gregory, Hayzlett, Howell, Humerickhouse, Hutchins, Johnson, Kejr, Kirk,
Phill Kline, Krehbiel, Kuether, Landwehr, Larkin, Lloyd, P. Long, Mason,
Mayans, Mays, McCreary, McKechnie, McKin ney, Mollenkamp, Morrison, Myers,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Phelps,
Powell, Powers, Presta, Schwartz, Sharp, Shore, Showalter, Shriver, Spangler,
Swenson, Tanner, Thimesch, Toelkes, Vickrey, Vining, Wagle, Weber.
  Present but not voting: None.
  Absent or not voting: None.
  The substitute bill did not pass.
                              EXPLANATIONS OF VOTE
  Mr. Speaker: I vote ``NO'' on H. Sub. for SB 140. This bill contains
provisions which ride rough shod over the Constitution. It represents an
intolerable imposition on individual liberties.
  Some have said that H. Sub. for SB 140 is about money. Some say we
must acquiesce once again to Federal blackmail.
  The Biblical character Esau sold his birthright for a mess of pottage. I
will not be a party to the sale of our constitutional birthright. I vote
``NO.''--John T. Edmonds
  Mr. Speaker: I vote no on H. Sub. for SB 140 because of loss of
freedom and erosion of rights. As a former foster parent I always vote for
the children both for their well being and their freedom. This bill is flawed
on both counts.--Tom Bradley

                                  May 1, 1997                               899


INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of
the Joint Rules of the Senate and House of Representatives, the rules were
suspended for the purpose of considering SB 40 .

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB
40 was ad vanced to Final Action on Bills and Concurrent Resolutions,
subject to amendment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Committee report to SB 40 was adopted.
  SB 40, An act relating to the financing of public water supply
projects; amending K.S.A. 1996 Supp. 65-163d and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, 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, 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: Dillon, Spangler.
  The bill passed, as amended.

INTRODUCTION OF ORIGINAL MOTIONS

  Having voted on the prevailing side, Rep. Mayans moved that the House
reconsider its adverse action in not passing H. Sub. for SB 140 under
that order of business Emergency Final Action. Roll call was demanded.
  On roll call, the vote was: Yeas 80; Nays 44; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Bradley, Burroughs,
Campbell, Car mody, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson,
Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Holmes, Horst,
Huff, Jennison, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Lane, Larkin, J. Long, McClure, McKechnie, Minor, Neufeld, Nichols,
Pauls, E. Peterson, Phelps, Pottorff, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Stone, Storm, Toelkes, Tomlinson, Toplikar, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: Aurand, Ballou, Boston, Compton, Dahl, Edmonds, Faber, Farmer,
Flower, Free born, Gregory, Hayzlett, Howell, Humerickhouse, Hutchins,
Johnson, Kejr, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, McKinney,
Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Osborne, Packer, Palmer, J.
Peterson, Powell, Powers, Presta, Spangler, Swenson, Tanner, Thimesch,
Vickrey, Vining, Wagle, Weber.
  Present but not voting: None.
  Absent or not voting: Landwehr.

900                           JOURNAL OF THE HOUSE

  The motion of Rep. Mayans prevailed, and H. Sub. for SB 140 was
returned to that order of business Emergency Final Action. Rep. Sawyer moved
to lay the bill on the table. The motion prevailed.

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

                                  May 1, 1997                               901

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 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

902                           JOURNAL OF THE HOUSE

for compliance with requirements safeguarding life, health or property, are
not engaged in the practice of the technical professions.'';
  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
James F. Morrison
Jerry Henry   Conferees on part of House Sandy Praeger
Larry D. Salmans
Chris Steineger   Conferees on part of Senate   On motion of Rep. Morrison,
the conference committee report on SB 164 was adopted.
  On roll call, the vote was: Yeas 116; Nays 9; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen derson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John ston,
Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollen kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining,
Wagle, Weiland, Welshimer, Wempe, Wilk, Wilson.
  Nays: Bradley, Freeborn, Howell, Phill Kline, Lloyd, Shallenburger,
Vickrey, Weber, Wells.
  Present but not voting: None.
  Absent or not voting: None.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of
the Joint Rules of the Senate and House of Representatives, the rules were
suspended for the purpose of considering SB 69.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 69, 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 as House
Substitute for Senate Bill No. 69, as follows:
  On page 3, in line 14, following the period, by inserting ``Upon request of
the board of county commissioners of any county, the commissioner of juvenile
justice may authorize such county to cooperate as a member of a community
planning team in a judicial district other than the judicial district in
which such county is located. If the corporate limits of a city extend into
more than one judicial district and upon request of the board of county
commissioners of any county in which such city is located, the commissioner
of juvenile

                                  May 1, 1997                               903

justice may authorize such city to participate as a member of a community
planning team of and be included in the plan for the judicial district in
which the majority of the population of such city is located.'';
  On page 4, in line 30, by striking ``or'' and inserting a comma; also in
line 30, by striking by striking ``district'' where it appears for the second
time; in line 31, following ``district'' by inserting ``or judicial districts
and cities and counties cooperating pursuant to subsection   (a)'';
  On page 10, in line 15, by striking ``may pay quarterly'' and inserting
``shall pay monthly'';
  On page 14, in line 13, by striking ``sex'' and inserting ``gender'';
following line 31, by inserting the following:
  ``(e)  In lieu of the provisions of subsections (a) through (d) and subject
to the approval of the commissioner of juvenile justice, any county may
designate the corrections advisory board, as established in K.S.A. 75-5297,
and amendments thereto, as such county's juvenile corrections advisory board.
For the purposes of sections 7 through 22, and amendments thereto, if a
county designates the corrections advisory board as provided by this
subsection, membership on such board shall be expanded to comply with the
requirements of subsection   (a).'';
  Also on page 14, in line 33, by striking all following ``(a)''; by striking
all of lines 34 and 35; in line 36, by striking all preceding ``All'' and
inserting ``Members of a juvenile corrections advisory board initially
appointed pursuant to subsections (a)(1) through (a)(4) of section 13, and
amendments thereto, shall serve for terms expiring on June 30, 2000. Members
of a juvenile corrections advisory board initially appointed pursuant to
subsections (a)(5) and   (a)(7) of section 13, and amendments thereto, shall
serve for terms expiring on June 30, 1999. Members of a juvenile corrections
advisory board initially appointed pursuant to sub sections (a)(6) and (a)(8)
of section 13, and amendments thereto, of shall serve for terms expiring on
June 30, 1998. After such initial appointments, members shall serve for terms
of three years and until their successors are appointed and qualified.'';
  On page 15, in line 18, preceding ``temporary'' by inserting ``purchase of
services for the'';
  On page 68, in line 3, following ``(a)'' by inserting ``(1)''; in line 10,
by striking all following the period; in line 11, by striking ``tigation
the'' and making a new paragraph and inserting:
  ``(2)  The'';
  On page 74, in line 37, by striking ``deposition'' and inserting
``disposition'';
  On page 80, in line 10, by striking ``deposition'' and inserting
``disposition'';
  On page 122, in line 31, by striking ``the commissioner,''; in line 32, by
striking ``shall'';
  On page 123, in line 5, by striking ``The commissioner shall report'' and
inserting ``Re port''; in line 10, preceding ``The'' by inserting ``Have the
authority to designate all or a portion of a facility for juveniles under the
commissioner's jurisdiction as a:
  (1)  Nonsecure detention facility;
  (2)  facility for the educational or vocational training and related
services;
  (3)  facility for temporary placement pending other arrangements more
appropriate for the juvenile's needs; and
  (4)  facility for the provision of care and other services and not for the
detention of juveniles.'';
  On page 129, in line 19, preceding ``seven'' by inserting ``no more than'';
in line 20, by striking ``nine'' and inserting ``seven''; in line 21, by
striking ``seven''; also in line 21, by striking ``as follows: ''; by
striking all in lines 22 through 33 and inserting ``by the president and the
minority leader. The two major political parties shall have proportional
represen tation on such committee. In the event application of the preceding
sentence results in a fraction, the party having a fraction exceeding .5
shall receive representation as though such fraction were a whole number.'';
in line 34, by striking ``nine'' and inserting ``seven''; in line 35, by
striking ``Three'' and inserting ``Two'';
  On page 130, by striking all in lines 1 through 3 and inserting the
following:
  ``(4)  one member shall be a member of the minority party who is a member
of the house committee on judiciary and shall be appointed by the minority
leader.'';
  Also on page 130, in line 15, by striking ``years 1998 and 2000'' and
inserting ``year 1998''; in line 28, by striking ``nine'' and inserting
``eight''; in line 29, by striking all following ``by''; in line 30, by
striking all preceding the period and inserting ``a majority of those present

904                           JOURNAL OF THE HOUSE

when there is a quorum''; in line 33, preceding the period, by inserting ``,
vice-chairperson and ranking minority member of the house of representatives
when the chairperson is a representative or of the senate when the
chairperson is a senator'';
  On page 131, in line 42, by striking ``January 8, 2001'' and inserting
``December 1, 1999'';
  On page 133, in line 22, by striking ``75-2023,'' and inserting
``75-7023,'';
  On page 2, in the title, in line 24, by striking ``75-2023,'' and inserting
``75-7023,'';
  And your committee on conference recommends the adoption of this report.
Joe Kejr
Shari Weber
Ed McKechnie   Conferees on part of House Lana Oleen
Keith Schraad
Sherman Jones   Conferees on part of Senate   On motion of Rep. Kejr, the
conference committee report on SB 69 was adopted.
  On roll call, the vote was: Yeas 125; Nays 0; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nich ols, O'Connor, O'Neal, Osborne, Packer,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: None.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of
the Joint Rules of the Senate and House of Representatives, the rules were
suspended for the purpose of considering HB 2582.

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HB
2582 was advanced to Final Action on Bills and Concurrent Resolutions,
subject to amendment, de bate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  HB 2582, An act concerning the abolishment of the Kansas state grain
inspection de partment; reviving K.S.A. 34-101; amending K.S.A. 34-101, as
revived by section 2 of this act and repealing the existing section; also
repealing K.S.A. 34-101, as amended by section 10 of 1997 Substitute for
Senate Bill No. 317 and section 9 of 1997 Substitute for Senate Bill No. 317,
was considered on final action.
  On roll call, the vote was: Yeas 116; Nays 9; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower,

                                  May 1, 1997                               905

Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hay zlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff,
Humerickhouse, Hutchins, Jen nison, Johnson, Johnston, Kejr, Kirk, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lloyd, J. Long, P.
Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Pal mer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Rein
hardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Welshimer, Wempe, Wilk, Wilson.
  Nays: Garner, Howell, Klein, Larkin, McKechnie, Nichols, Reardon, Spangler,
Wells.
  Present but not voting: None.
  Absent or not voting: None.
  The bill passed.
  On motion of Rep. Jennison, the House recessed until the sound of the
gavel.
                                   _________
  Speaker Shallenburger called the House to order.

MESSAGE FROM THE SENATE

  Announcing passage of HB 2576, as amended by S. Sub. for HB
2576.
  The Senate nonconcurs in House amendments to SB 40, requests a
conference and has appointed Senators Corbin, Morris and Biggs as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to H. Sub. for SB 363,
requests a con ference and has appointed Senators Emert, Schraad and Goodwin
as conferees on the part of the Senate.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Farmer, the House nonconcurred in Senate amendments to
S. Sub. for HB 2576 and asked for a conference.
  Speaker Shallenburger thereupon appointed Reps. Phil Kline, Farmer and
Helgerson as conferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 40.
  Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and
Larkin as con ferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on H. Sub. for SB 363.
  Speaker Shallenburger thereupon appointed Reps. Kejr, Weber and McKechnie
as con ferees on the part of the House.

REPORT ON ENROLLED RESOLUTIONS

  HR 6013 reported correctly enrolled and properly signed on May 1,
1997.
  On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday,
May 2, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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