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


                             SIXTY-FOURTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                                 TOPEKA, KAN., Friday, May 2, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 124 members present.
  Rep. Pottorff was excused on legislative business.
  Prayer by Dr. Stacy Ollar Jr., pastor, Welborn Community United Church of
Christ, Kansas City, and guest of Reps. Spangler, Sharp and Burroughs:
     Eternal God, our Father, we pause here this morning in this setting of
   the House of Representatives of the State of Kansas to offer our prayer of
   praise and thanks for the gift of this day, for the gift of this state and
   to ask for Your divine guidance upon these our elected Representatives, as
   they conceive, develop and vote laws, and appropriate funds for services
   for the citizens of our state. Provide, O God, we pray, for these our
   elected officials the gift of wisdom and understanding as they consider
   the needs of all the citizens of our great State. Inspire each of them
   with a spirit of creativity, courage and power as they move through the
   decision-making process of providing for the needs of our people. We
   recognize, O Lord, that the answers to the complex problems that face our
   people and state do not come easily. Therefore, provide the gift of truth
   and justice to enable these leaders to determine appropriate public policy
   and law to alleviate the many problems that confront all of us. May the
   words of the great prophet Micah, of the Old Testament, be the word of
   guidance for all this day, ``for He has showed you, O Man, what is good;
   and what does the Lord require of you, but to do justice, to love kindness
   and to walk humbly with your God.'' May God, who is the Author and Creator
   of our lives, inspire you with the gift of vitality and energy to live and
   act His Word in your life and in the life of the state. In the Name of our
   loving and caring Father and His Gracious Son. Amen.

CHANGE OF REFERENCE

  Speaker Shallenburger announced the withdrawal of SB 154 from
Committee on Ap propriations and referral to Committee of the Whole.

MESSAGE FROM THE SENATE

  The Senate accedes to the request of the House for a conference on HB
2576, as amended by S. Sub. for HB 2576, and has appointed Senators
Kerr, Salisbury and Petty as conferees on the part of the Senate.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY

  On motion of Rep. Sawyer, HR 6015, A resolution congratulating and
commending Richard W. Ryan, was adopted.

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, to suspend the
rules for the purpose of con sidering HB 2071, 2083; SB 154; Sub. SB 86;
SB 325, 337, Rep. Powers requested the question be divided. The question
was divided.

                                  May 2, 1997                               907

  On motion of Rep. Jennison the rules were suspended for the purpose of
considering HB 2071.
  On motion of Rep. Jennison the rules were suspended for the purpose of
considering HB 2083.
  On motion of Rep. Jennison the rules were suspended for the purpose of
considering SB 154.
  On motion of Rep. Jennison the rules were suspended for the purpose of
considering Sub. SB 86.
  On motion of Rep. Jennison the rules were suspended for the purpose of
considering SB 325.
  On motion of Rep. Jennison the rules were suspended for the purpose of
considering SB 337.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Bradley, the House concurred in Senate amendments to
HB 2083, An act concerning insurance companies; regarding the reporting
of material transactions; concerning the analysis of acquisitions; regarding
the change of control or ownership; amending K.S.A. 40-3304 and K.S.A. 1996
Supp. 40-3302 and repealing the existing sections; also repealing K.S.A.
40-3314 and K.S.A. 1996 Supp. 40-2,158. (The House requested the Senate to
return the bill, which was in conference).
  On roll call, the vote was: Yeas 120; Nays 4; 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, Dean, Dillon, Dreher, 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, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, Mc Kechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, 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, Wilson.
  Nays: Edmonds, Phill Kline, Neufeld, O'Connor.
  Present but not voting: None.
  Absent or not voting: Pottorff.
  On motion of Rep. Bradley, the House concurred in Senate amendments to
HB 2071, An act concerning insurance agents and brokers; providing for
the licensing of agents; re garding continuing education requirements;
concerning the certification of agents by com panies; amending K.S.A. 40-241i
and K.S.A. 1996 Supp. 40-240f and repealing the existing sections, by
Committee on Insurance. (The House requested the Senate to return the bill,
which was in conference).
  On roll call, the vote was: Yeas 121; Nays 3; 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, Dean, Dillon, Dreher, Edmonds, Empson, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Frank lin, Freeborn, Garner, 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, Krehbiel, Kuether,
Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Con nor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenbur ger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan

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ner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Faber, Phill Kline, Lloyd.
  Present but not voting: None.
  Absent or not voting: Pottorff.

INTRODUCTION OF ORIGINAL MOTIONS

  On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB
325, 337, 154 were advanced to Final Action on Bills and Concurrent
Resolutions, subject to amend ment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  On motion of Rep. Cox to amend SB 325, the motion did not prevail.
  SB 325, An act concerning tourism activity; expanding the
availability of tax increment financing in support thereof; amending K.S.A.
1996 Supp. 12-1771 and 12-1774 and re pealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 105; Nays 17; Present but not voting 0;
Absent or not voting 3.
  Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dean, Dillon, Dreher, Empson, Faber, Farmer, Findley, Flaharty, Flower,
Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humer ickhouse,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Landwehr, Lane, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, Mc Kechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson,
Phelps, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Thimesch, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Wells, Welshimer, Wilk, Wilson.
  Nays: Edmonds, Feuerborn, Flora, Garner, Helgerson, Henderson, Hutchins,
Kuether, Larkin, Minor, E. Peterson, Reinhardt, Swenson, Tanner, Toelkes,
Weiland, Wempe.
  Present but not voting: None.
  Absent or not voting: Alldritt, Lloyd, Pottorff.
  The bill passed.
  SB 337, An act concerning the enterprise zone law; amending K.S.A.
1996 Supp. 7450,114 and repealing the existing section, was considered on
final action.
  On roll call, the vote was: Yeas 107; Nays 16; 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, Cox, Crow, Dean,
Dillon, Dreher, Empson, Faber, Farmer, Findley, Flaharty, Flower, Franklin,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley,
Hayzlett, Henry, Holmes, Horst, Howell, Huff, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, J.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Mol lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Correll, Dahl, Edmonds, Feuerborn, Flora, Freeborn, Helgerson,
Henderson, Humerickhouse, Hutchins, Kuether, Larkin, Minor, Swenson, Tanner,
Weiland.
  Present but not voting: None.
  Absent or not voting: Lloyd, Pottorff.
  The bill passed.

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:

                                  May 2, 1997                               909

  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 11, in line 25, by striking ``or'' and inserting a comma; also in
line 25, following ``securities'' by inserting ``or a community reinvestment
act rating'';
  On page 12, in line 5, by striking all following the semicolon; in line 10,
by striking the period and inserting ``; and''; following line 10, by
inserting the following:
  ``(g)  ``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 pre
vious week.'';
  On page 13, in line 17, by striking ``(j) of K.S.A. 75-4201, and amendments
thereto'' and inserting ``(g) of section 9''; in line 26, by striking ``(j)
of K.S.A. 75-''; in line 27, by striking ``4201, and amendments thereto'' and
inserting ``(g) of section 9'';
  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 ``(g) of section 9'';
  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 ``(g) of section 9'';
in line 12, by striking ``(j) of K.S.A. 75-4201, and amendments''; in line
13, by striking ``thereto'' and inserting ``(g) of section 9'';
  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

910                           JOURNAL OF THE HOUSE

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,
and amendments thereto, (g) of section 9 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

                                  May 2, 1997                               911

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

912                           JOURNAL OF THE HOUSE

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 and amendments thereto,
subsection (g) of section 9 on Monday of each week and publish such
rate that week in the Kansas register. The director of investments 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.

                                  May 2, 1997                               913

  (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. 7.  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.
  New Sec. 30.  No bank, savings and loan association or savings bank, the
main office of which is located outside Kansas, may serve as a depository of,
or custodian for securities pledged to secure repayment of, public funds
through a Kansas branch unless such bank, savings and loan association or
savings bank provides evidence satisfactory to the public body soliciting
bids for deposits of its funds or the entity soliciting bids for its
custodial services for pledged securities that the state of such bank's,
savings and loan association's or savings bank's main office does not
discriminate against a branch of a bank, savings and loan association or
savings bank, the main office of which is located in Kansas, with respect to
acting as a depository of, or custodian for securities pledged to secure
repayment of, funds of public bodies located in such state.'';
  And by renumbering sections accordingly;
  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, the motion did not
prevail.
  Call of the House was demanded.
  On roll call, the vote was: Yeas 59; Nays 64; Present but not voting 1;
Absent or not voting 1.
  Yeas: Adkins, Allen, Ballard, Beggs, Benlon, Bradley, Burroughs, Campbell,
Correll, Cox, Crow, Dean, Dillon, Findley, Flaharty, Flora, Franklin,
Geringer, Gilbert, Gilmore, Glas scock, Gregory, Haley, Helgerson, Henderson,
Horst, Huff, Johnson, Johnston, Kirk, Klein,

914                           JOURNAL OF THE HOUSE

Phil Kline, Phill Kline, Kuether, Lane, J. Long, Mason, Nichols, Packer,
Pauls, E. Peterson, Phelps, Powell, Presta, Ray, Reardon, Reinhardt, Ruff,
Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler, Storm, Tomlinson, Wells,
Wilk, Wilson.
  Nays: Alldritt, Aurand, Ballou, Boston, Carmody, Compton, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Flower, Freeborn, Garner, Grant,
Hayzlett, Henry, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Kejr,
Krehbiel, Landwehr, Larkin, Lloyd, P. Long, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mol lenkamp, Morrison, Myers, Neufeld, O'Connor,
Osborne, Palmer, J. Peterson, Powers, Sa muelson, Schwartz, Shallenburger,
Shore, Shultz, Stone, Swenson, Tanner, Thimesch, To elkes, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Welshimer, Wempe.
  Present but not voting: O'Neal.
  Absent or not voting: Pottorff.

CONSIDERATION OF VETOED BILLS

  The Governor's objection to HB 2159 having been read April 30 (see
HJ, page 876), the time arrived for reconsideration of HB 2159, An act
enacting the personal and family protection act; providing for licensure to
carry certain concealed weapons; prohibiting cer tain acts and prescribing
penalties for violations; amending K.S.A. 1996 Supp. 12-4516, 214201 and
21-4619 and repealing the existing sections.
  There was no motion to reconsider. The Chair ruled the bill had been
reconsidered and the veto sustained.
  On motion of Rep. Jennison, the House recessed until 3:00 p.m.


914                           JOURNAL OF THE HOUSE

 Afternoon Session   The House met pursuant to recess with Speaker
Shallenburger in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following concurrent resolution was introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5026--
By Representatives Garner, Burroughs, Crow, Feuerborn, Findley, Flaharty,
Gilbert, Kirk, Kuether, Larkin, McClure, Minor, E. Peterson, Phelps, Reardon,
Ruff, Sawyer, Sharp, Showalter, Storm, Toelkes, Wells, Welshimer and Wempe
ROPOSITION to amend article 15 of the constitution of the state of Kansas by
     adding
         a new section thereto, relating to public retirement systems.
Be it resolved by the Legislature of the State of Kansas, two-thirds of
the members elected (or appointed) and qualified to the House of
Representatives and two-thirds of the mem bers elected (or appointed) and
qualified to the Senate concurring therein:
  Section 1.  The following proposition to amend the constitution of the
state of Kansas shall be submitted to the qualified electors of the state for
their approval or rejection: Article 15 of the constitution of the state of
Kansas is hereby amended by adding a new section 16 thereto to read as
follows:
     ``(section) 16.  Public retirement systems. (a) Public retirement
   systems shall be funded on an actuarially sound basis. Public retirement
   system assets, including in come and actuarially required contributions,
   shall not be encumbered, diverted, re duced or terminated and shall be
   held in trust to provide benefits to participants and participants'
   beneficiaries and to defray administrative expenses.
     (b)  The governing boards of public retirement systems shall administer
   the sys tem, including actuarial determinations, as fiduciaries of system
   participants and participants' beneficiaries.``
  Sec. 2.  The following statement shall be printed on the ballot with the
amendment as a whole:
     ``Explanatory statement. This amendment would require public
   retirement sys tems to be funded on an actuarially sound basis. The assets
   shall be held in trust to provide benefits to participants and
   beneficiaries and defray administrative costs and

                                  May 2, 1997                               915

   shall not be used for any other purpose. The governing boards of public
   retirement systems are fiduciaries for the participants and beneficiaries.
     ``A vote for this proposition would provide constitutional protection
   for participants and beneficiaries of public retirement systems by
   requiring actuarially sound funding, trust nature of funds to provide
   benefits and defray administrative costs and fiduciary responsibility of
   boards of public retirement systems.
     ``A vote against this proposition would retain the current status of law
   and not provide these additional constitutional protections to
   participants and beneficiaries of public retirement systems.''
  Sec. 3.  This resolution, if approved by two-thirds of the members elected
(or appointed) and qualified to the House of Representatives, and two-thirds of
the members elected (or appointed) and qualified to the Senate shall be entered
on the journals, together with the yeas and nays. The secretary of state shall
cause this resolution to be published as provided by law and shall cause the
proposed amendment to be submitted to the electors of the state at the general
election in the year 1998 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be
submitted to the electors of the state at the special election.

MESSAGE FROM THE SENATE

  Announcing passage of Sub. HB 2059, as amended; HB 2313, as
amended; HB 2462, as amended by S. Sub. for HB 2462.
  The Senate concurs in House amendments to SB 38, and requests return of
the bill.
  The Senate adopts conference committee report on H. Sub. for SB 69.
  The Senate adopts conference committee report on SB 164.
  The Senate adopts conference committee report on HB 2350.

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 H. Sub. for SB 36; SB 201; HB 2350,
2313; Sub. HB 2059.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 36, submits the following report:
  Your committee on conference agrees to disagree and recommends that a new
conference committee be appointed;
  And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Eugene L. Shore
Bill Reardon   Conferees on part of House Christine Downey
Tim Emert   Conferees on part of Senate   On motion of Rep. O'Neal, the
conference committee report on H. Sub. for SB 36 was adopted.
  Speaker Shallenburger thereupon appointed Reps. O'Neal, Shore and Reardon as
second conferees on the part of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Under that order of business Final Action on Bills and Concurrent
Resolutions, subject to amendment, debate and roll call, SB 154 (see
previous motion, Morning Session) was considered.
  On motion of Rep. Edmonds SB 154 was amended on page 46, by striking
all in lines 34 through 43;
  By striking all on pages 47 through 53;
  On page 54, by striking all in lines 1 through 35;

916                           JOURNAL OF THE HOUSE

  And by renumbering sections accordingly;
  On page 71, in line 11, by striking ``74-4921,'';
  On page 1, in the title, in line 15, by striking ``real estate in-''; in line
16, by striking ``vestment standards;'' in line 20, by striking ``74-4921,'';
  Also, on motion of Rep. Sawyer to amend SB 154, Rep. Lane requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the
amendment not germane. Rep. Sawyer challenged the ruling, the question being
``Shall the Rules Chair be sustained?'' Roll call was demanded.
  On roll call, the vote was: Yeas 64; Nays 59; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Bradley, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Freeborn,
Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Howell, Huff,
Humerickhouse, Hutchins, Johnson, Kejr, Phil Kline, Phill Kline, Landwehr,
Lane, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp, Morrison,
Myers, O'Connor, O'Neal, Osborne, Packer, Pal mer, J. Peterson, Presta, Ray,
Samuelson, Schwartz, Shallenburger, Shore, Sloan, Stone, Tanner, Toplikar,
Vining, Wagle, Weber, Wilk, Wilson.
  Nays: Alldritt, Ballard, Ballou, Burroughs, Correll, Crow, Dean, Dillon,
Feuerborn, Fin dley, Flaharty, Flora, Flower, Franklin, Garner, Gilbert, Grant,
Haley, Helgerson, Hender son, Henry, Horst, Johnston, Kirk, Klein, Krehbiel,
Kuether, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Neufeld,
Nichols, Pauls, E. Peterson, Phelps, Powell, Pow ers, Reardon, Reinhardt, Ruff,
Sawyer, Sharp, Showalter, Shriver, Shultz, Spangler, Storm, Swenson, Thimesch,
Toelkes, Tomlinson, Vickrey, Weiland, Wells, Welshimer, Wempe.
  Present but not voting: None.
  Absent or not voting: Jennison, Pottorff.
  The Rules Chair was sustained.
  Also, on motion of Rep Shriver, HB 154 was laid on the table.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 201, 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 in lines 31 through 43;
  By striking all of pages 3 through 7;
  On page 8, by striking all in lines 1 through 22 and inserting in lieu
thereof the following:
  ``Section 1.  K.S.A. 40-2123 is hereby amended to read as follows: 40-2123.
(a) The plan shall offer coverage to every eligible person pursuant to which
such person's covered ex penses shall be indemnified or reimbursed subject to
the provisions of K.S.A. 40-2124 and amendments thereto.
  (b)  Except for those expenses set forth in subsection (c) of this section,
expenses covered under the plan shall include expenses for:
  (1)  Services of persons licensed to practice medicine and surgery which are
medically necessary for the diagnosis or treatment of injuries, illnesses or
conditions;
  (2)  services of advanced registered nurse practitioners who hold a
certificate of quali fication from the board of nursing to practice in an
expanded role or physicians assistants acting under the direction of a
responsible physician when such services are provided at the direction of a
person licensed to practice medicine and surgery and meet the requirements of
paragraph (b)(1) above;
  (3)  services of licensed dentists when such procedures would otherwise be
performed by persons licensed to practice medicine and surgery;
  (4)  emergency care, surgery and treatment of acute episodes of illness or
disease as defined in the plan and provided in a general hospital or ambulatory
surgical center as such terms are defined in K.S.A. 65-425, and amendments
thereto;
  (5)  medically necessary diagnostic laboratory and x-ray services;

                                  May 2, 1997                               917

  (6)  drugs and controlled substances prescribed by a practitioner, as defined
in subsec tion (t) (x) of K.S.A. 65-1626 and amendments thereto.
Coverage for outpatient prescriptions shall be subject to a mandatory 50%
coinsurance provision, and coverage for prescriptions administered to
inpatients shall be subject to a coinsurance provision as established in the
plan; and
  (7)  subject to the approval of the commissioner, the board shall also review
and rec ommend the inclusion of coverage for mental health services and such
other primary and preventive health care services as the board determines would
not materially impair afford ability of the plan.
  (c)  Expenses not covered under the plan shall include expenses for:
  (1)  Illness or injury due to an act of war;
  (2)  services rendered prior to the effective date of coverage under this
plan for the person on whose behalf the expense is incurred;
  (3)  services for which no charge would be made in the absence of insurance
or for which the insured bears no legal obligation to pay;
  (4) (A)  services or charges incurred by the insured which are otherwise
covered by:
  (i)  Medicare or state law or programs;
  (ii)  medical services provided for members of the United States armed forces
and their dependents or for employees of such armed forces;
  (iii)  military service-connected disability benefits;
  (iv)  other benefit or entitlement programs provided for by the laws of the
United States (except title XIX of the social security act of 1965);
  (v)  workers compensation or similar programs addressing injuries, diseases,
or condi tions incurred in the course of employment covered by such programs;
  (vi)  benefits payable without regard to fault pursuant to any motor vehicle
or other liability insurance policy or equivalent self-insurance.
  (B)  This exclusion shall not apply to services or charges which exceed the
benefits pay able under the applicable programs listed above and which are
otherwise eligible for pay ment under this section.
  (5)  Services the provision of which is not within the scope of the license
or certificate of the institution or individual rendering such service;
  (6)  that part of any charge for services or articles rendered or prescribed
which exceeds the rate established by K.S.A. 40-2131 and amendments thereto for
such services;
  (7)  services or articles not medically necessary;
  (8)  care which is primarily custodial or domiciliary in nature;
  (9)  cosmetic surgery unless provided as the result of an injury or medically
necessary surgical procedure;
  (10)  eye surgery if corrective lenses would alleviate the problem;
  (11)  experimental services or supplies not generally recognized as the
normal mode of treatment for the illness or injury involved;
  (12)  service of a blood donor and any fee for failure of the insured to
replace the first three pints of blood provided in each calendar year; and
  (13)  personal supplies or services provided by a health care facility or any
other non medical or nonprescribed supply or service.
  (d)  Except as expressly provided for in this act, no law requiring the
coverage or the offer of coverage of a health care service or benefit shall
apply to the plan.
  (e)  A plan may incorporate provisions that will direct covered persons to
the most ap propriate lowest cost health care provider available.
  Sec. 2.  K.S.A. 65-1643, as amended by section 3 of 1997 Senate Bill No. 197,
is hereby amended to read as follows:  65-1643. On and after the effective date
of this act, it shall be unlawful:
  (a)  For any person to operate, maintain, open or establish any pharmacy
within this state without first having obtained a registration from the board.
Each application for reg istration of a pharmacy shall indicate the person or
persons desiring the registration, in cluding the pharmacist in charge, as well
as the location, including the street name and number, and such other
information as may be required by the board to establish the identity and exact
location of the pharmacy. The issuance of a registration for any pharmacy shall

918                           JOURNAL OF THE HOUSE

also have the effect of permitting such pharmacy to operate as a retail dealer
without re quiring such pharmacy to obtain a retail dealer's permit. On
evidence satisfactory to the board: (1) That the pharmacy for which the
registration is sought will be conducted in full compliance with the law and
the rules and regulations of the board; (2) that the location and appointments
of the pharmacy are such that it can be operated and maintained without
endangering the public health or safety; (3) that the pharmacy will be under
the supervision of a pharmacist, a registration shall be issued to such persons
as the board shall deem qualified to conduct such a pharmacy.
  (b)  For any person to manufacture within this state any drugs except under
the personal and immediate supervision of a pharmacist or such other person or
persons as may be approved by the board after an investigation and a
determination by the board that such person or persons is qualified by
scientific or technical training or experience to perform such duties of
supervision as may be necessary to protect the public health and safety; and no
person shall manufacture any such drugs without first obtaining a registration
so to do from the board. Such registration shall be subject to such rules and
regulations with respect to requirements, sanitation and equipment, as the
board may from time to time adopt for the protection of public health and
safety.
  (c)  For any person to distribute at wholesale any drugs without first
obtaining a regis tration so to do from the board.
  (d)  For any person to sell or offer for sale at public auction or private
sale in a place where public auctions are conducted, any drugs without first
having obtained a registration from the board so to do, and it shall be
necessary to obtain the permission of the board in every instance where any of
the products covered by this section are to be sold or offered for sale.
  (e)  For any person to in any manner distribute or dispense samples of any
drugs without first having obtained a permit from the board so to do, and it
shall be necessary to obtain permission from the board in every instance where
the samples are to be distributed or dispensed. Nothing in this subsection
shall be held to regulate or in any manner interfere with the furnishing of
samples of drugs to duly licensed practitioners, to pharmacists or to medical
care facilities.
  (f)  Except as otherwise provided in this subsection (f), for any person
operating a store or place of business to sell, offer for sale or distribute
any drugs to the public without first having obtained a registration or permit
from the board authorizing such person so to do. No retail dealer who sells 12
or fewer different nonprescription drug products shall be required to obtain a
retail dealer's permit under the pharmacy act of the state of Kansas or to pay
a retail dealer new permit or permit renewal fee under such act. It shall be
lawful for a retail dealer who is the holder of a valid retail dealer's permit
issued by the board or for a retail dealer who sells 12 or fewer different
nonprescription drug products to sell and distribute nonprescription drugs
which are prepackaged, fully prepared by the manufacturer or distributor for
use by the consumer and labeled in accordance with the requirements of the
state and federal food, drug and cosmetic acts. Such nonprescription drugs
shall not include: (1) A controlled substance; (2) a drug product the label of
which is required to bear substantially the statement: ``Caution: Federal law
prohibits dispensing without prescrip tion''; or (3) a drug product intended
for human use by hypodermic injection; but such a retail dealer shall not be
authorized to display any of the words listed in subsection (s) (u)
of K.S.A. 65-1626 and amendments thereto, for the designation of a pharmacy or
drugstore.
  (g)  For any person to sell any drugs manufactured and sold only in the state
of Kansas, unless the label and directions on such drugs shall first have been
approved by the board.
  (h)  For any person to operate an institutional drug room without first
having obtained a registration to do so from the board. Such registration shall
be subject to the provisions of K.S.A. 65-1637a and amendments thereto and any
rules and regulations adopted pursuant thereto.
  (i)  For any person to be a pharmacy student without first obtaining a
registration to do so from the board, in accordance with rules and regulations
adopted by the board, and paying a pharmacy student registration fee of $25 to
the board.
  Sec. 3.  K.S.A. 40-2123 and K.S.A. 65-1643, as amended by section 3 of 1997
Senate Bill No. 197, are hereby repealed.'';

                                  May 2, 1997                               919

  On page 1, in the title, in line 12, by striking all after ``the''; by
striking all in lines 13 through 16; in line 17, by striking all before the
period and inserting in lieu thereof ``phar macy act of the state of Kansas;
amending K.S.A. 40-2123 and K.S.A. 65-1643, as amended by section 3 of 1997
Senate Bill No. 197, and repealing the existing sections'';
  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. Morrison, the
conference committee report on SB 201 was adopted.
  On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, 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, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shal lenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swen son, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei land, Welshimer, Wempe,
Wilk, Wilson.
  Nays: Wells.
  Present but not voting: None.
  Absent or not voting: Pottorff.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2350, 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
amendments, as follows:
  On page 1, following line 14, by inserting the following:
  ``New Section 1.  (a) There is hereby established in the state treasury the
state tourism fund. All moneys credited to the state tourism fund shall only be
used for expenditures for the purposes of developing new tourism attractions in
Kansas and to significantly expand existing tourism attractions in Kansas. Both
public and private entities shall be eligible to apply for funds under the
provisions of this act.
  (b)  The secretary of commerce and housing shall administer the provisions of
this act. The secretary may adopt rules and regulations establishing criteria
for obtaining grants and other expenditures from such fund and other matters
deemed necessary for the adminis tration of this act.
  (c)  All expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the accounts and reports issued pursuant to
vouchers approved by the secretary of commerce and housing or the secretary's
designee.
  (d)  The secretary of commerce and housing shall prepare and submit budget
estimates for all proposed expenditures from the state tourism fund in
accordance with the provisions of K.S.A. 75-3717 and 75-3717b and amendments
thereto. Such budget estimates shall include detailed information regarding all
proposed expenditures for programs, projects,

920                           JOURNAL OF THE HOUSE

activities and other matters and shall set forth separately each program,
project, activity or other expenditure for which the proposed expenditures from
the state tourism fund for a fiscal year are for an amount that is equal to
$50,000 or more. Appropriations for the department of commerce and housing of
moneys in the state tourism fund for each program, project, activity or other
expenditure for a fiscal year for an amount that is equal to $50,000 or more
shall be made as a separate item of appropriation.
  (e)  The legislature shall approve or disapprove of any itemized expenditure
from the state tourism fund.
  (f)  On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the state tourism fund
established in subsection (a) interest earnings based on:
  (1)  The average daily balance of moneys in the state tourism fund for the
preceding month; and
  (2)  the net earnings rate of the pooled money investment portfolio for the
preceding month.
  New Sec. 2.  (a) The council on travel and tourism, established under K.S.A.
74-9001, and amendments thereto, shall oversee all matters concerning the state
tourism fund and expenditures therefrom.
  (b)  The council, by a majority vote, shall determine for inclusion in the
department of commerce and housing budget expenditures from the state tourism
fund.
  New Sec. 3.  (a) The division of travel and tourism of the Kansas department
of com merce and housing shall prepare, with review and input from the travel
industry association of Kansas, a request for proposals for a consultant to do
a large scale study of public and private tourism efforts in Kansas.
  (b)  A notice of the request for proposals shall be published once each week
for two consecutive weeks in a newspaper having general circulation in the
community at least 30 days before any action thereon. The request for proposals
shall also be posted on readily accessible bulletin boards in all offices of
the department of commerce and housing and sent elsewhere as the director of
travel and tourism development deems best.
  (c)  The request for proposals shall provide performance specifications,
terms, conditions and other information as deemed advisable to facilitate the
submission of a comprehensive proposal, including, but not limited to, the fact
that the study will:
  (1)  Analyze the strengths, weaknesses, opportunities and threats that face
development of Kansas tourism;
  (2)  address the interrelationship between public and private sector efforts
in developing Kansas tourism;
  (3)  address the interrelationship between state and local interests in
developing Kansas tourism;
  (4)  make specific recommendations for the attraction, development and
improvement of tourism in Kansas; and
  (5)  be completed by January, 1, 1998, with a report on the study's results
and recom mendations derived therefrom to be presented to the legislature,
house committee on tour ism, senate committee on transportation and tourism and
to the governor during the 1998 legislative session.
  (d)  Once the requested proposals are submitted, it shall be the duty of the
council on travel and tourism, established under K.S.A. 74-9001, and amendments
thereto, to review the proposals and participate in the interviewing process
and final selection of a consultant.
  (e)  Following negotiations and development of the proposed agreement, the
council on travel and tourism shall approve the final contract.
  (f)  Once the consultant is selected and the contract approved under this
section, the selected plan's implementation shall be subject to oversight,
review and approval by the council on travel and tourism.
  (g)  For the purposes of this section, the funds required to pay for the
study shall come from state funds taken from the economic development
initiatives fund under K.S.A. 794804, and amendments thereto which are
appropriated to the department of commerce and housing.'';

                                  May 2, 1997                               921

  Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``New
Sec. 4.''; following line 27, by inserting the following:
  ``Sec. 5.  K.S.A. 74-9001 is hereby amended to read as follows: 74-9001. (a)
There is hereby established the commission council on travel and
tourism. The commission council shall consist of 15 17
voting members as follows:  (1) One member of the senate appointed by the
president of the senate; (2) one member of the senate appointed by the minority
leader of the senate; (3) one member of the house of representatives appointed
by the speaker of the house of representatives; (4) one The chairperson
of the standing committee on transportation and tourism of the senate, or a
member of the senate appointed by the president of the senate; (2) the
vice-chairperson of the standing committee on transportation and tourism of the
senate, or a member of the senate appointed by the president of the senate; (3)
the ranking minority member of the standing committee on transportation and
tourism of the senate, or a member of the senate appointed by the minority
leader of the senate; (4) the chairperson of the standing committee on tourism
of the house of represen tatives, or a member of the house of representatives
appointed by the speaker of the house of representatives; (5) the
vice-chairperson of the standing committee on tourism of the house of
representatives, or a member of the house of representatives appointed by the
speaker of the house of representatives; (6) the ranking minority member of the
standing committee on tourism, or a member of the house of representatives
appointed by the minority leader of the house of representatives; and (5)
(7) eleven members appointed by the governor. Of the 11 members
appointed by the governor, one shall be appointed from a list of three
nominations made by the travel industry association of Kansas, one shall be
appointed from a list of three nominations made by the Kansas lodging
association, one shall be appointed from a list of three nominations made by
the Kansas restaurant association, one shall be appointed from a list of three
nominations made by the Kansas oil marketers and conven ience store association
and seven shall be appointed to represent the general public. In addition to
the voting members of the commission council, four members of the
commission council shall serve ex officio: The secretary of
commerce, the secretary of transportation, the secretary of wildlife and parks
and the secretary of the state historical society. Each ex officio member of
the commission council may designate an officer or employee of the
state agency of the ex officio member to serve on the commission
council in place of the ex officio member. The ex officio members of
the commission council, or their designees, shall be nonvoting
members of the commission council and shall provide information and
advice to the commission council.
  (b)  Legislator members shall be appointed for terms coinciding with the
terms for which such members are elected, except that on July 1, 1997, the
four legislator members serving on the commission immediately prior to such
date shall cease to be members of the council and the legislator members
specified in paragraphs (1) and (2) of subsection (a) shall serve on the
council. Of the 11 members first appointed by the governor, six shall be
appointed for terms of three years and five shall be appointed for terms of two
years as determined by the governor. Thereafter, all members appointed by the
governor shall be appointed for terms of three years. All members appointed to
fill vacancies in the membership of the commission council and all
members appointed to succeed members appointed to mem bership on the
commission council shall be appointed in like manner as that
provided for the original appointment of the member succeeded.
  (c)  The governor shall designate annually As soon as possible after
the effective date of this act and on July 1, thereafter, the council shall
elect a chairperson and vice-chairperson for the commission from among
its members. The commission council shall meet at least four times
each year at the call of the chairperson of the commission council.
Eight Nine voting members of the commission council
shall constitute a quorum.
  (d)  Members of the commission council attending meetings of such
commission council, or attending a subcommittee meeting thereof
authorized by such commission council, shall be paid amounts for
mileage as provided in subsection (c) of K.S.A. 75-3223 and amend ments
thereto, or a lesser amount as determined by the secretary of commerce. Amounts
paid under this subsection (d) to ex officio members of the commission
council, or their designees, shall be from appropriations to the state
agencies of which such members are officers or employees upon warrants of the
director of accounts and reports issued pursuant

922                           JOURNAL OF THE HOUSE

to vouchers approved by the chief administrative officers of such agencies.
Amounts paid under this subsection (d) to voting members of the commission
council shall be from moneys available for the payment of such amounts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the chairperson of the commission council.
  Sec. 6.  K.S.A. 1996 Supp. 74-9002 is hereby amended to read as follows:
74-9002. The commission council on travel and tourism shall: (a)
Advise the department of commerce and housing in the development and
implementation of the state's tourism marketing and business development
program including, but not limited to, long-range strategies for at tracting
visitors to the state; (b) report to the department of commerce and housing
infor mation for preparation of the annual budget for the division of travel
and tourism devel opment; (c) identify and review tourism related issues and
current state policies and programs which directly or indirectly affect travel
and tourism in the state and, as appro priate, recommend the adoption of new,
or the modification of existing, policies and pro grams; (d) prepare and submit
as a part of the annual report of the department of commerce and housing,
pursuant to K.S.A. 1996 Supp. 74-5049, and amendments thereto, a report of
findings and recommendations of the commission council concerning
the promoting of travel and tourism in Kansas and such related matters as the
commission council deems appropriate; and (e) perform such other
acts as may be necessary in carrying out the duties of the commission
council.
  Sec. 7.  K.S.A. 74-9001 and K.S.A. 1996 Supp. 74-9002 are hereby repealed.'';
  Also on page 1, in line 28, by renumbering ``Sec. 2.'' as ``Sec. 8.''; in
line 29, by striking ``Kansas register'' and inserting ``statute book'';
  In the title, in line 10, by striking all following ``ACT''; by striking all
of line 11; in line 12, by striking all preceding the period and inserting
``relating to travel and tourism; con cerning certain proposals; establishing a
state tourism fund; amending K.S.A. 74-9001 and K.S.A. 1996 Supp. 74-9002 and
repealing the existing sections'';
  And your committee on conference recommends the adoption of this report. Ben
Vidricksen
Nick Jordan
Mark S. Gilstrap   Conferees on part of Senate Barbara P. Allen
Peggy R. Palmer
J. R. Wempe   Conferees on part of House   On motion of Rep. Allen, the
conference committee report on HB 2350 was adopted.
  On roll call, the vote was: Yeas 118; Nays 4; Present but not voting 0;
Absent or not voting 3.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, 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, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Lloyd, J.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKin ney,
Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Packer,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Presta, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, To plikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Edmonds, Helgerson, Neufeld, Spangler.
  Present but not voting: None.
  Absent or not voting: Krehbiel, Larkin, Pottorff.

                                  May 2, 1997                               923


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 S. Sub. for HB 2462; HB 2007; SB
116.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 116, submits the following report:
  The House recedes from all amendments to the bill, and your committee on
conference further agrees to amend the bill, as introduced, as follows:
  On page 1, by striking all in lines 14 through 43;
  On page 2, by striking all in lines 1 through 32 and inserting:
  ``Section 1.  K.S.A. 25-4153a is hereby amended to read as follows: 25-4153a.
No reg istered lobbyist or, political committee or person, other
than an individual, shall make a contribution as defined by subsection (d)
of K.S.A. 25-4143, and amendments thereto, to any legislator,
candidate for membership in the senate or house of representatives
or, can didate committee for any such legislator or candidate,
state officer elected on a statewide basis, candidate for state office elected
on a statewide basis or candidate committee for any such officer or
candidate after January 1 and prior to May 15 of any year of each
year and prior to adjournment sine die of the regular session of the
legislature or at any other time in which the legislature is in session
and. No such legislator, officer, candidate or committee
shall accept or solicit any contribution as defined by subsection (d) of
K.S.A. 25-4143, and amendments thereto, from any registered
lobbyist or, political committee or person, other than an
individual, during such period.
  Sec. 2.  K.S.A. 25-4153a is hereby repealed.'';
  In the title, by striking all in lines 9, 10 and 11 and inserting:
  ``AN ACT concerning political contributions; relating to limitations thereon;
amending K.S.A. 25-4153a and repealing the existing section.'';
  And your committee on conference recommends the adoption of this report.
Robert Tomlinson
Kent Glasscock
Gwen Welshimer   Conferees on part of House Janice L. Hardenburger
U.L. Gooch
Tim Huelskamp   Conferees on part of Senate   On motion of Rep. Glasscock, the
conference committee report on SB 116 was adopted.
  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, 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, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shal lenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swen son, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei land, Wells, Welshimer,
Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.

924                           JOURNAL OF THE HOUSE

  Absent or not voting: Pottorff.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Carmody, the House concurred in Senate amendments to
Sub. HB 2059, An act concerning digital signatures.
  On roll call, the vote was: Yeas 109; Nays 15; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Bradley, Burroughs,
Campbell, Car mody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Jennison,
Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Landwehr,
Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, Mc Clure, McCreary,
McKechnie, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Tanner, Thimesch, Toelkes, Tom linson, Vickrey, Vining, Wagle,
Weber, Weiland, Welshimer, Wempe, Wilk, Wilson.
  Nays: Alldritt, Ballou, Boston, Edmonds, Feuerborn, Howell, Hutchins, Kejr,
Kuether, McKinney, Neufeld, Packer, Swenson, Toplikar, Wells.
  Present but not voting: None.
  Absent or not voting: Pottorff.
  On motion of Rep. Carmody, the House concurred in Senate amendments to HB
2313, An act concerning crime victims; amending K.S.A. 1996 Supp. 74-7301
and repealing the existing section.
  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, 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, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shal lenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swen son, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei land, Wells, Welshimer,
Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Pottorff.
  On motion of Rep. Carmody, to concur in Senate amendments to HB 2007,
An act concerning civil procedure and civil actions; amending K.S.A. 60-102,
60-205, 60-206, 60208, 60-209, 60-211, 60-214, 60-215, 60-216, 60-223, 60-226,
60-228, 60-230, 60-231, 60232, 60- 233, 60-234, 60-235, 60-236, 60-237, 60-238,
60-241, 60-243, 60-245, 60-245a, 60250, 60- 252, 60-254, 60-256, 60-262,
60-717, 60-2103, 60-3703, 61-1710, 61-1725, 61-2005 and 75- 3079 and K.S.A.
1996 Supp. 60-1608 and 60-2310 and repealing the existing sec tions; also
repealing K.S.A. 60-2007, the motion did not prevail, and the bill remains in
conference.
  On roll call, the vote was: Yeas 40; Nays 84; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Allen, Ballard, Beggs, Benlon, Boston, Bradley, Carmody, Cox,
Dreher, Edmonds, Empson, Feuerborn, Findley, Flower, Freeborn, Gilmore,
Glasscock, Gregory, Horst, Huff, Humerickhouse, Phil Kline, Lane, O'Connor,
O'Neal, Pauls, J. Peterson, Pow

                                  May 2, 1997                               925

ell, Presta, Ray, Reinhardt, Samuelson, Shultz, Sloan, Tomlinson, Toplikar,
Vining, Wilk, Wilson.
  Nays: Alldritt, Aurand, Ballou, Burroughs, Campbell, Compton, Correll, Crow,
Dahl, Dean, Dillon, Faber, Farmer, Flaharty, Flora, Franklin, Garner, Geringer,
Gilbert, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Howell,
Hutchins, Jennison, John son, Johnston, Kejr, Kirk, Klein, Phill Kline,
Krehbiel, Kuether, Landwehr, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, Osborne, Packer, Palmer, E. Pe terson, Phelps, Powers,
Reardon, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Vickrey,
Wagle, Weber, Weiland, Wells, Welshimer, Wempe.
  Present but not voting: None.
  Absent or not voting: Pottorff.
  On motion of Rep. Lane, the House concurred in Senate amendments to S.
Sub. for HB 2462, An act concerning consumer protection; relating to
telephone solicitation; amend ing K.S.A. 50-670 and repealing the existing
section.
  On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0;
Absent or not voting 1.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenbur ger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan ner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.
  Nays: Franklin.
  Present but not voting: None.
  Absent or not voting: Pottorff.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that
  Request No. 129, by Representatives Gilmore and Wilson, congratulating
Old Stanley Bank, Stanley, on the dedication of its restoration and permanent
location;
  Request No. 130, by Representative Toelkes, commending teachers
retiring from service to U.S.D. 450;
  Request No. 131, by Representative Crow, congratulating Leavenworth
High School students and staff for receiving the Sportmanship Award at the 1997
Class 6A State Bas ketball Tournament;
  Request No. 132, by Representatives Minor and McKinney, congratulating
Richard and Jane Wenstrom for their water conservation practices;
  Request No. 133, by Representative Schwartz, in honor of Ethan Nelson,
Washington, on his 100th birthday;
  Request No. 134, by Representative Garner, congratulating Bethel AME
Church of Coffeyville for its designation on the National Register of Historic
Places and for celebrating its 118th anniversary;
  Request No. 135, by Representatives Garner and Empson, congratulating
Vickie Sto necipher, 1996 Leader of the Year for community leadership by the
Huck Boyd National Institute of Rural Development;
  Request No. 136, by Representative Garner, congratulating Gene Neely on
his recent election as President of the Kansas National Education Association;

926                           JOURNAL OF THE HOUSE

  Request No. 137, by Representative Toelkes, commending John M. Waugh
for 27 years of service to U.S.D. 450-Shawnee Heights;
  Request No. 138, by Representative Shallenburger, congratulating
Katherine Alma Ed monds, National Merit Scholar;
  Request No. 139, by Representatives Weber, Freeborn, Kejr and Lloyd,
congratulating Marion Brown, in recognition of being named as Abilene Chamber
of Commerce Volunteer of the Year 1996;
  Request No. 140, by Representatives Weber, Freeborn, Kejr and Lloyd,
congratulating Terry Tietjens on being honored with the 1996 Distinguished
Citizen Award from the Ab ilene Chamber of Commerce;
  Request No. 141, by Representatives Weber, Freeborn, Kejr and Lloyd,
congratulating Barbara Stensaas on being honored with the 1996 Ambassador of
the Year Award from the Abilene Chamber of Commerce;
  Request No. 142, by Representatives Weber, Freeborn, Kejr and Lloyd,
congratulating Nancy Sherwood on being honored with the 1996 `Quiet Person'
Award from the Abilene Chamber of Commerce;
  Request No. 143, by Representative Weber,congratulating Jan White, in
recognition of being named Volunteer of the Year 1996 by the Council Grove
Chamber of Commerce and Convention and Visitors Bureau;
  Request No. 144, by Representative Dahl, in honor of Ernest and
          _________  Speaker Shallenburger called the House to order.

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
     87.


CONFERENCE COMMITTEE REPORT  Mr. President and Mr. Speaker: Your committee on
     conference on House amend~ments to SB 87, submits the following report:



                                  May 2, 1997                               927


MESSAGE FROM THE SENATE  Announcing passage of HB 2579, 2580, 2581, 2852.


928                           JOURNAL OF THE HOUSE


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
     2230.


CONFERENCE COMMITTEE REPORT  Mr. President and Mr. Speaker: Your committee on
     conference on Senate amend~ments to HB 2230, submits the following report:


                                  May 2, 1997                               929


REPORT ON ENGROSSED BILLS  HB 2071, 2083 reported correctly re-engrossed May 2,
     1997.

                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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