January 12, 1998
Journal of the House
FIRST DAY
______
Hall of the House of Representatives, Topeka, KS,
Monday, January 12, 1998, 2:00 p.m.
This being the day fixed by the Constitution of the State of Kansas for the assembling
of the 1998 general session of the legislature, the House was called to order at 2:00 p.m. by
Speaker Tim Shallenburger.
Speaker Shallenburger announced that the Rev. Cecil T. Washington, Jr., New Mount
Zion Baptist Church, Topeka, will serve as Chaplain of the House for the 1998 session.
Prayer by Chaplain Washington:
Heavenly Father,
As we convene this session for 1998, thank you for the new beginnings and the
new challenges that face us.
During the upbeat times of this term, as well as during the down times . . . during
the exciting days, when our efforts will be appreciated . . . and during the stressful
anxious days when we seem to be going it all alone, grace us with the remembrance
that as You were with us in bringing us here, You will be with us to sustain us here.
Remind us to just lean on You.
During the days, weeks and months ahead, give us the ``God Perspective'' con-
cerning the issues we face. You said in James 1:5, that anyone desiring wisdom, need
only seek it from You and that You would be generous in giving it.
While these men and women serve, please put a hedge of protection around their
loved ones.
While we make Your business ours, make ours Yours.
In the Name of Your Son, I gratefully come. Thank You for the privilege of prayer.
COMMUNICATIONS FROM STATE OFFICERS
I, Ron Thornburgh, Secretary of State of the State of Kansas, do hereby certify that
Vince Cook, Topeka, Kansas, was appointed by the Governor on November 13, 1997, for
the unexpired term, Fifty-Second Representative District, to fill the vacancy created by the
resignation of Thomas S. Bradley and that the oath of office has been administered to Vince
Cook and was filed in my office on the fourteenth day of November, 1997.
In Testimony Whereof, I hereto set my hand and cause to be affixed my official seal.
Done at the city of Topeka, this 8th day of January, A.D. 1998.
Ron Thornburgh
Secretary of State
Rep. Cook was presented to the members of the House by Speaker Shallenburger and
was welcomed by an ovation.
The roll was called with 124 members present.
Rep. Lloyd was excused on verified illness.
COMMUNICATIONS FROM STATE OFFICERS
January 12, 1998
The Honorable Tim Shallenburger
Speaker of the House of Representatives
Dear Mr. Speaker:
This letter is to advise you that the Office of Chief Clerk has received the following
communications during the interim since adjournment of the 1997 Regular Session of the
Legislature:
House Resolution No. 120, Louisiana House of Representatives, urging and requesting
Congress to propose an amendment to the Constitution to provide for election of members
of the federal judiciary.
Resolution No. 1, Senate File Number 22, of the 1997 Third Special Session of the
Minnesota Legislature, memorializing Congress to support legislative initiative to discourage
use of public resources for movement of professional sports franchises and to repeal antitrust
exemptions for professional sports.
From Shirley A. Moses, Division of Accounts and Reports, Monthly Financial Report,
April, May, June, July, August, September, October, November.
Report of the Joint Committee on State Building Construction, Kansas Legislative Re-
search Department.
In accordance with K.S.A. 74-6701 et seq., Wayne L. Franklin, Secretary of Department
of Human Resources, Fiscal Year 1996 Annual Report for the Kansas Commission on Dis-
ability Concerns and Long Range Goals for Fiscal Year 1996 and 1997.
In accordance with K.S.A. 38-1802, 1997 Annual Report, The Corporation for Change.
From Charles Warren, President, FY 1997 Annual Report of Kansas, Inc.
In accordance with K.S.A. 74-8901 et seq., 1997 Annual Report of the Kansas Develop-
ment Authority.
In accordance with SCR 1601, Final Report of the Task Force on the Kansas Insurance
Industry to the 1998 Kansas Legislature.
In accordance with K.S.A. 75-3735, Forty-fourth Annual Financial Report of the State of
Kansas for fiscal year ending June 20, 1997.
From Meredith Williams, Executive Secretary , Annual Report of the Kansas Public
Employees Retirement System for fiscal year ending June 30, 1997.
In accordance with 1997 HB 2368, preliminary report of the Kansas Special Commis-
sionon Water Quality Standards.
In accordance with 1996 HB 2600, final report of the Task Force on Retail Wheeling.
From the Office of Governor Bill Graves:
Executive Order No. 97-6, Offer of Reward.
Executive Order No. 97-7, Offer of Reward.
Executive Order No. 97-8, Offer of Reward.
Executive Order No. 97-9, Offer of Reward.
Executive Directive No. 97-259, Authorizing Certain Expenditures.
Executive Directive No. 97-260, Authorizing Certain Personnel Transactions.
Executive Directive No. 97-261, Authorizing Certain Expenditures.
Executive Directive No. 97-262, Authorizing Certain Personnel Transactions.
Executive Directive No. 97-263, Authorizing Certain Expenditures.
Executive Directive No. 97-264, Authorizing A Personnel Transaction.
Executive Directive No. 97-265, Authorizing Certain Expenditures.
Sincerely,
Janet E. Jones,
Chief Clerk
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Jennison, HR 6003, by Reps. Shallenburger and Sawyer,
as follows, was introduced and adopted:
HOUSE RESOLUTION No. 6003--
A RESOLUTION relating to the organization of the House of Representatives.
Be it resolved by the House of Representatives of the State of Kansas: That the Chief Clerk
of the House of Representatives notify the Senate that the House is organized with the
following officers:
Tim Shallenburger, speaker,
Susan Wagle, speaker pro tem,
Robin L. Jennison, majority leader,
Michael T. (Tom) Sawyer, minority leader,
Janet Jones, chief clerk,
Ted Fisher, sergeant at arms,
and awaits the pleasure of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Jennison, HR 6004, by Reps. Shallenburger and Sawyer,
as follows, was introduced and adopted:
HOUSE RESOLUTION No. 6004--
A RESOLUTION relating to assignment of seats of the House of Representatives.
Be it resolved by the House of Representatives of the State of Kansas: That the members
of the 1998 regular session shall occupy the same seats assigned pursuant to 1997 House
Resolution No. 6002 with the following exceptions: Cook, seat No. 25; Gregory, seat No.
84; Osborne, seat No. 41.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Rep. Jennison, HCR 5031, by Reps. Shallenburger and Sawyer, as follows,
was introduced and adopted:
HOUSE CONCURRENT RESOLUTION No. 5031--
A CONCURRENT RESOLUTION relating to a committee to inform the governor that
the two houses of the legislature are duly organized and ready to receive communications.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That a committee of two members from the Senate and three members from the
House of Representatives be appointed to wait upon the governor, and inform the governor
that the two houses of the legislature are duly organized and are ready to receive any
communications the governor may have to present.
In accordance with HCR 5031, Speaker Shallenburger appointed Reps. Shore, J. Peterson
and Gilbert to notify the Governor.
On motion of Rep. Jennison, HCR 5032, by Reps. Shallenburger and Sawyer, as follows,
was introduced and adopted:
HOUSE CONCURRENT RESOLUTION No. 5032--
A CONCURRENT RESOLUTION providing for a joint session of the Senate and House
of Representatives for the purpose of hearing a message from the Governor.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Senate and the House of Representatives meet in joint session in Repre-
sentative Hall at 6:30 p.m. on January 12, 1998, for the purpose of hearing the message of
the Governor; and
Be it further resolved: That a committee of two members from the Senate and three
members from the House of Representatives be appointed to wait upon the Governor; and
Be it further resolved: That a committee of two members from the Senate and three
members from the House of Representatives be appointed to wait upon the Lieutenant
Governor.
In accordance with HCR 5032, Speaker Shallenburger appointed Reps. Cook, Wilson
and Wempe to wait upon the Governor.
Also, Reps. Glasscock, O'Neal and McKechnie to wait upon the Lieutenant Governor.
Also, Reps. Palmer, Powell and Minor to wait upon the Senate.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were introduced and read by title:
HB 2584, An act concerning apportionment of revenue from the Geary county retailers'
sales tax; amending K.S.A. 1997 Supp. 12-192 and repealing the existing section, by Rep-
resentative Geringer.
HB 2585, An act relating to the taxation of motor vehicle fuels; concerning electronic filing;
allowing certain tax credits; amending K.S.A. 79-3464c and repealing the existing section,
by Representative McKinney.
HB 2586, An act concerning controlled substances; relating to products containing ephed-
rine; amending K.S.A. 1997 Supp. 65-4113 and repealing the existing section, by Represen-
tative Garner.
HB 2587, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for the Kansas commission on veterans affairs; authorizing certain transfers, imposing
certain restrictions and limitations, and directing or authorizing certain receipts and dis-
bursements and acts incidental to the foregoing, by Representative Mayans.
HB 2588, An act concerning abolishing state sponsored technology-based venture-capital
funds; amending K.S.A. 1997 Supp. 74-8316 and repealing the existing section; also re-
pealing K.S.A. 1997 Supp. 74-8317, 74-8318 and 74-8319, by Joint Committee on Economic
Development.
HB 2589, An act concerning state sponsored seed and venture capital funds; prohibiting
out-of-state investment thereby, by Joint Committee on Economic Development.
HB 2590, An act concerning housing development in rural cities and counties; providing
for the creation of rural housing incentive districts in such cities and counties; amending
K.S.A. 1997 Supp. 72-6431 and repealing the existing section, by Joint Committee on Ec-
onomic Development.
HB 2591, An act concerning workers compensation; relating to the coverage of self-em-
ployed contractors; amending K.S.A. 1997 Supp. 44-505 and 44-508 and repealing the ex-
isting sections, by Joint Committee on Economic Development.
HB 2592, An act relating to workers compensation; allowing certain subcontractors to self
insure; amending K.S.A. 1997 Supp. 44-503 and repealing the existing section, by Joint
Committee on Economic Development.
HB 2593, An act relating to travel and tourism; establishing the division of travel and
tourism development supplemental revenue fund, the transfer of moneys to such fund and
the use and making of expenditures from such fund; and providing for the administration
of the act, by Special Committee on Tourism.
HB 2594, An act relating to sales taxation; exempting purchases of certain motion picture
and television production companies therefrom; amending K.S.A. 79-3606 and repealing
the existing section, by Special Committee on Tourism.
HB 2595, An act repealing K.S.A. 73-207 and 73-208; relating to certain veterans; con-
cerning exemption from certain license fees, by Special Committee on Governmental
Organization.
HB 2596, An act concerning governmental ethics; amending K.S.A. 46-235 and 46-242 and
repealing the existing sections, by Special Committee on Governmental Organization.
HB 2597, An act concerning special education services for exceptional children; affecting
the determination of state aid entitlements for provision thereof; amending K.S.A. 1997
Supp. 72-978 and repealing the existing section, by Special Committee on Education.
HB 2598, An act concerning mortgage registration fees; relating to disposition thereof;
amending K.S.A. 79-3107b and repealing the existing section, by Joint Committee on Arts
and Cultural Resources.
HB 2599, An act relating to property taxation; concerning the collection of delinquent
personal property tax; amending K.S.A. 79-2101 and repealing the existing section, by Spe-
cial Committee on Assessment and Taxation.
HB 2600, An act relating to property taxation; concerning the administration of claims for
exemptions therefrom; amending K.S.A. 77-529, 79-213 and 79-251 and repealing the ex-
isting sections; also repealing K.S.A. 79-252, by Special Committee on Assessment and
Taxation.
HB 2601, An act relating to property taxation; concerning certain authority of counties
relating to the collection of delinquent personal property tax; amending K.S.A. 1997 Supp.
19-101a and repealing the existing section, by Special Committee on Assessment and
Taxation.
HB 2602, An act relating to taxation; concerning the administration and prosecution of
certain tax appeals; establishing the Kansas tax appeals commission and prescribing author-
ities, duties and functions therefor; abolishing the state board of tax appeals; amending
K.S.A. 74-2426, 79-213, 79-251, 79-1448, 79-1609 and 79-2005 and K.S.A. 1997 Supp.
74-2438 and 77-529 and repealing the existing sections; also repealing K.S.A. 74-2433a, 74-
2433b, 74-2433c, 74-2433d, 74-2433e, 74-2434, 74-2435, 74-2436, 74-2437, 74-2437a, 74-
2437b, 74-2439 and 79-252 and K.S.A. 1997 Supp. 74-2433, by Special Committee on
Assessment and Taxation.
HB 2603, An act concerning state energy conservation improvements; fiscal year limitation;
amending K.S.A. 75-37,114 and repealing the existing section, by Joint Committee on State
Building Construction.
HB 2604, An act concerning administrative procedure; concerning presiding officers;
amending K.S.A. 2-1208a, 2-3311, 8-2426, 21-3110, 31-140, 36-509, 40-2,137, 44-322a,
49-606, 65-163a, 65-673, 65-720a, 65-747, 65-753, 65-2305, 65-3483, 65-3488, 65-3490, 66-
1,117, 75-37,121, 75-37,121, as amended by section 29 of this act, 75-6207, 76-3106, 76-
3110, 77-514, as amended by section 92 of chapter 182 of the 1997 Session Laws of Kansas,
77-514, as amended by section 34 of this act, 77-549, 77-550, 77-551, 77-551, as amended
by section 38 of this act, 79-3313, 82a-1405, 82a-1501a, 82a-1502, 82a-1503 and 82a-1504
and K.S.A. 1997 Supp. 44-1005, 65-163, 65-525, 65-526, 74-4904, 74-8804, 74-8816, 74-
8817 and 74-8837 and repealing the existing sections; also repealing K.S.A. 75-5611a, by
Special Committee on Judiciary.
HB 2605, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for the state board of regents; authorizing certain transfers and fees, imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, by Special Committee on Community College
Governance.
HB 2606, An act enacting the Kansas statutory lien act; repealing K.S.A. 42-119, 47-836,
58-201, 58-202, 58-203, 58-204, 58-205, 58-206, 58-207, 58-208, 58-209, 58-210, 58-211,
58-212, 58-213, 58-214, 58-215, 58-218, 58-219, 58-220, 58-221, 58-222, 58-223, 58-224,
58-225, 58-226, 84-7-209, 84-7-210, 84-7-307 and 84-7-308, by Special Committee on
Judiciary.
HB 2607, An act concerning the state long-term care ombudsman; attaching the office of
the state long-term care ombudsman to the department of administration for certain pur-
poses; prescribing certain powers, duties and functions; amending K.S.A. 75-5914, 75-5916,
75-5917, 75-5917a, 75-5918, 75-5918a, 75-5919, 75-5920, 75-5921, 75-5922, 75-5922a,
75-5922b and 75-5922c and repealing the existing sections, by SRS Transition Oversight
Committee.
HB 2608, An act concerning the disposition of certain state property; relating to the Topeka
state hospital property; rescinding authority to dispose of the property; amending section
49 of chapter 192 of the 1997 Session Laws of Kansas and repealing the existing section, by
Representatives Landwehr and Helgerson.
HB 2609, An act concerning cosmetology; amending K.S.A. 1997 Supp. 65-1904 and re-
pealing the existing section, by Representative O'Neal.
HB 2610, An act relating to taxation; enacting the Kansas estate tax act; amending K.S.A.
79-1541a, 79-1541b, 79-1542, 79-1564, 79-1569, 79-1570, 79-1571, 79-1572, 79-1574, 79-
1575, 79-1576, 79-1579, 79-1580 and 79-1587 and repealing the existing sections; also re-
pealing K.S.A. 79-1537, 79-1537b, 79-1537c, 79-1537e, 79-1537f, 79-1538, 79-1538a, 79-
1539, 79-1540, 79-1541, 79-1542a, 79-1543, 79-1545, 79-1547, 79-1548, 79-1549, 79-1550,
79-1551, 79-1552, 79-1553, 79-1554, 79-1555, 79-1556, 79-1557, 79-1557a, 79-1559, 79-
1560, 79-1561, 79-1562, 79-1563, 79-1563a, 79-1565, 79-1566, 79-1567, 79-1567a, 79-1568,
79-1573, 79-1584, 79-1584a, 79-1584b, 79-1584c, 79-1585 and 79-1586, by Representatives
Shore and Carmody.
HB 2611, An act concerning the heritage trust fund; relating to historic preservation grants;
amending K.S.A. 75-2729 and repealing the existing section, by Legislative Post Audit
Committee.
HB 2612, An act concerning legislative post audit; relating to audits of the Kansas public
employees retirement system; amending K.S.A. 1997 Supp. 74-4921 and repealing the ex-
isting section, by Legislative Post Audit Committee.
House Concurrent Resolution No. 5028--
By Joint Committee on Economic Development
A CONCURRENT RESOLUTION memorializing Congress to urge the Secretary of the
United States Department of Agriculture to continue communication efforts with and
assist Kansas' small meat processing plants in compliance efforts relating to meat and
poultry inspection.
WHEREAS, The United States Department of Agriculture's Food Safety and Inspection
Service has developed regulations relating to meat and poultry production and inspection;
and
WHEREAS, These regulations relate to written sanitation standard operating procedu-
res, sampling and testing, development and implementation of food safety systems and
development of a microbiological sampling program; and
WHEREAS, The exportation of quality Kansas products is important to the growth and
vitality of this state's economy and has long been a focal point of the State of Kansas'
economic plan; and
WHEREAS, The State of Kansas encourages the continued safe and sanitary develop-
ment, production and exportation of Kansas products, one product being Kansas meat prod-
ucts; and
WHEREAS, The State of Kansas previously maintained an ``equal to'' status with the
Federal requirements regarding meat and poultry production; and
WHEREAS, The Legislature of the State of Kansas and the Secretary of Agriculture of
the State of Kansas have and will always require that meat and poultry products are proc-
essed in a safe, healthy and sanitized manner; and
WHEREAS, Small meat processing plants will incur costs in implementing these regu-
lations; and
WHEREAS, The continued existence of small meat processing plants is extremely im-
portant to the economy of many small towns throughout the State of Kansas; and
WHEREAS, The United States Department of Agriculture's Food Safety and Inspection
Service indicated that no small meat processing plants should go out of business as a result
of implementation of the federal regulations. The service indicated that communication
between the Federal government, the Secretary of Agriculture, the Legislature and the small
meat processing plants related to the actual effects of implementation of these regulations
needs to be greatly improved; and
WHEREAS, The Secretary of Agriculture should suggest an array of alternatives that
would enable the state to comply with the Federal requirements and still maintain the state's
small meat processing plants ongoing existence by allowing Kansas' small meat processing
plants to be able to meet similar or equal to standards to the federal regulations; and
WHEREAS, A better balance must be made regarding the proper implementation of
federal regulations and the continued existence of small meat processing plants in Kansas,
to that end it is imperative that the Legislature of the State of Kansas, the Secretary of
Agriculture of the State of Kansas, the United States Department of Agriculture and the
small meat processing plants communicate and cooperate to remove barriers to interstate
commerce by small meat processing plants: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That we urge this body, the Secretary of Agriculture of the State of Kansas and
the United States Department of Agriculture to continue communications with small meat
processing plants and urge the Secretary of Agriculture of the State of Kansas to consider
the impact and ramifications of implementation of the federal regulations on small meat
processing plants throughout the state with emphasis on complying with federal require-
ments without losing any small meat processing plants; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to the Secretary of Agriculture of the State of
Kansas, the Secretary of Agriculture of the United States, each member of the Legislative
Coordinating Council and each member of the Kansas Congressional Delegation.
House Concurrent Resolution No. 5029--
By Special Committee on Education
A CONCURRENT RESOLUTION memorializing the Congress of the United States to
assume its fair share of the costs of special education services by increasing funding to
a level more nearly approaching the level authorized by the Individuals with Disabilities
Education Act.
WHEREAS, In the span of a few years, 1971 through 1973, the Federal Courts made it
clear that an appropriate education is a fundamental right of children with disabilities that
is secured by the due process and equal protection clauses of the 14th Amendment to the
U.S. Constitution; and
WHEREAS, In 1975, Congress passed Public Law 94-142, the Education for All Hand-
icapped Children Act, known since 1990 as the Individuals with Disabilities Education Act
or IDEA; and
WHEREAS, The IDEA requires that all children with disabilities receive a free, appro-
priate public education and provides a funding mechanism to assist states and local edu-
cational services agencies with the costs of maintaining programs; and
WHEREAS, For several years, the costs of providing special education services required
under federal and state law have been escalating rapidly and have been a major concern of
policymakers who have reviewed the matter studiously. To date, solutions have proven
elusive; and
WHEREAS, All of the states have some mechanism in their school finance laws that
acknowledge the additional costs of providing special education services for children with
disabilities, estimated on average to be about 2.3 times greater than for general education
pupils; and
WHEREAS, The U.S. Supreme Court has opined that the IDEA is a comprehensive
scheme set up by Congress to aid the states in complying with the constitutional obligation
to provide public education for children with disabilities; and
WHEREAS, The IDEA authorizes funding in accordance with a formula, a key variable
of which is the average per pupil expenditure for general education pupils. The Act au-
thorized Congress to appropriate a sum equal to 5 percent of this average per pupil ex-
penditure in 1977, 10 percent in 1978, 20 percent in 1979, and 40 percent by 1980. Though
the Act authorized funding according to this formula, appropriations have never approached
the authorization level and remains at 10 percent or less today: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature, in recognition that children with disabilities are endowed
by the Constitution with the right to be provided with a free and appropriate public edu-
cation and that the Congress of the United States has enacted the Individuals with Disa-
bilities Education Act in order to insure that right, hereby urges the Congress to acknowl-
edge the fact that special education services are extremely costly and should be supported
by a combination of local, state, and federal funds; and
Be it further resolved: That the Legislature hereby requests the Congress to assume its
fair share of the costs of special education services by increasing funding to a level more
nearly approaching the level authorized by the Individuals with Disabilities Education Act;
and
Be it further resolved: That the Secretary of State is hereby directed to send enrolled
copies of this resolution to the President and President pro tempore of the Senate of the
United States, to the Speaker of the House of Representatives of the United States, and to
each member of the Kansas Congressional Delegation.
House Concurrent Resolution No. 5030--
By Special Committee on Energy and Natural Resources/Environment
A CONCURRENT RESOLUTION requiring the Attorney General to bring suit against
the State of Nebraska to enforce the provisions of the Republican River Compact.
WHEREAS, The Republican River is an important supply of water to citizens of the
Republican River Basin in Kansas, providing a source of water for irrigation, municipal,
industrial, recreational and other uses; and
WHEREAS, The Republican River is also a major tributary of the Kansas River and,
therefore, a source of water supply for a substantial portion of the population of this state;
and
WHEREAS, Shortages of water in the Republican River Basin in Kansas have a signif-
icant adverse economic impact on property values and incomes within the Basin, as well as
on the economic welfare of the State as a whole, and reduced stream flow in the Republican
River has a potentially negative impact on surface water quality; and
WHEREAS, The Republican River Compact was entered into by the states of Kansas,
Nebraska and Colorado to provide for an equitable division of the waters of the Republican
River Basin among the compacting states; and
WHEREAS, The loss of water to which Kansas is entitled under the Compact, as a result
of the State of Nebraska's overuse, has hindered existing uses of water in Kansas and has
discouraged economic development; and
WHEREAS, The State of Nebraska, for a number of years, has admitted consumptive
use in excess of its allocations under the Compact; and
WHEREAS, The State of Kansas since at least 1985 has consistently expressed concern
regarding the State of Nebraska's escalating overuse of its allocation under the Republican
River Compact and the corresponding longer and more frequent shortages to the State of
Kansas; and
WHEREAS, The State of Nebraska has increasingly refused to recognize that the use of
groundwater in the Republican River Basin is subject to the limitations of the Republican
River Compact and has failed to take sufficient regulatory action to fulfill the State of
Nebraska's obligations under the Compact, including failure to implement an appropriate
moratorium on the development of new wells and adequate regulation of existing ground-
water pumping in the Republican River Basin; and
WHEREAS, The preliminary estimates of depletions caused by the State of Nebraska's
failure to comply with the Republican River Compact appear to be two to four times the
amount of violations found by the Special Master appointed by the United States Supreme
Court in Kansas v. Colorado, No. 105 Original; and
WHEREAS, The State of Kansas has sought the cooperation of the State of Nebraska in
resolving the compact dispute through nonjudicial means, including mediation, but to no
avail; and
WHEREAS, The State of Nebraska has refused to take any action to comply with the
Compact; and
WHEREAS, The State of Nebraska has consistently vetoed any action proposed to the
Republican River Compact Administration by the State of Kansas to address Kansas' con-
cerns; and
WHEREAS, The State of Kansas as a last resort must now turn to litigation to enforce
its rights under the Republican River Compact: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That, in accordance with K.S.A. 75-702, the Attorney General of the State of
Kansas is hereby required to file and prosecute an action against the State of Nebraska to
enforce the provisions of the Republican River Compact, K.S.A. 82a-518.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolutions were introduced and read by title:
HOUSE RESOLUTION No. 6001--
By Special Committee on Rules and Journal--House
A RESOLUTION relating to the rules of the House of Representatives for the 1997-98
biennium; amending Rule 501, relating to admission to the House floor.
Be it resolved by the House of Representatives of the State of Kansas: That Rule 501 be
amended to read as follows:
Rule 501. Admission to Floor. (a) During daily sessions, from the time of convening
until adjournment to the following legislative day, only the following classes of persons shall
be admitted to the floor of the House, the cloakrooms to the east of the house chamber
and the hallway at the west of the house chamber: (1) Members of the Legislature; (2)
officers and employees of the legislative branch who are properly identified; (3) persons
having permits from the Speaker.
(b) No person who is an officer or employee of the executive or judicial branch of Kansas
government or an employee of the federal government shall be admitted to the area of the
chamber on which legislators' desks are located during the time the House of Representa-
tives is in session, except as provided by resolution, nor shall any such person be on the floor
of the House chamber during a call of the House.
(c) No person registered with the Secretary of State as a lobbyist shall be on the floor
of the House chamber during the part of the year that the Legislature is in session.
(d) The sergeant at arms shall remove all persons from the floor, except persons au-
thorized under the Rules of the House or a House resolution.
(e) The provisions of this rule shall not be construed to prevent the right of access
(through the west hallway) by persons going directly to or returning from the offices of the
Speaker and the Majority Leader.
HOUSE RESOLUTION No. 6002--
By Joint Committee on Arts and Cultural Resources
A RESOLUTION congratulating and commending John A. Freeman for past success in
History Day competition and wishing him good fortune in future endeavors.
WHEREAS, John A. Freeman, the son of Glenn and Mary Freeman, was awarded first
place for junior individual performance in the National History Day Competition for seventh
grade students in the 1996-97 school year; and
WHEREAS, John's award winning entry was ``Robinson and Rickey: Breaking the Color
Barrier'' which was inspired by John's viewing of a television interview of Rachel Robinson,
the widow of baseball legend, Jackie Robinson. When John heard Rachel Robinson mention
that 1997 would mark the 50th anniversary of Jackie's entrance into major league baseball,
John decided to develop the topic for his History Day project; and
WHEREAS, John was not a novice in the History Day competition. In the 1995-96 school
year, as a sixth grader, John's entry in the competition was ``The Silent Gesture Heard
Around the World: Taking a Stand at the `68 Olympics'' for which he placed second in the
nation for junior individual performance; and
WHEREAS, John is a native Topekan who is 14 years old and a student at Topeka
Collegiate. An avid sports fan and competitor, John's favorite sport is soccer, in which he
participates both in a league and on a school team. John also plays baseball and basketball;
and
WHEREAS, Topeka Collegiate requires its sixth and seventh grade students to prepare
an entry for the History Day competition even though they are not required to enter the
competition. With his affinity for sports, selecting History Day topics that involved sports
figures was a natural choice for John. In preparation of both History Day entries, John
interviewed the key people involved, Rachel Robinson and the two players involved in the
1968 Olympics controversy; and
WHEREAS, John also participates in Topeka Collegiate Singers and is involved in the
Topeka Civic Theater. He parlayed his interest in theater into preparation of a dramatic
presentation as a reporter at the 1968 Olympics and as Branch Rickey, Jackie Robinson's
manager; and
WHEREAS, Despite his busy schedule, John enthusiastically presents his dramatic per-
formance of ``Rickey and Robinson'' to various audiences, including the Joint Committee
on Arts and Cultural Resources: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we congrat-
ulate and commend John A. Freeman for his past success in History Day competitions and
wish him good fortune in his future endeavors; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to John A. Freeman and to his parents, Glenn and
Mary Freeman, all at 1523 S.W. High, Topeka, Kansas 66604, and to Topeka Collegiate at
2200 S.W. Eveningside Drive, Topeka, Kansas 66614.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
In accordance with House Rule 901(d), the following bills were referred to committees
following prefiling:
Appropriations: HB 2587, 2603, 2605, 2608.
Business, Commerce and Labor: HB 2591, 2592.
Calendar and Printing: HR 6002.
Economic Development: HB 2588, 2589, 2590; HCR 5028.
Education: HB 2597, 2609; HCR 5029.
Environment: HCR 5030.
Governmental Organization and Elections: HB 2595, 2596.
Health and Human Services: HB 2586, 2607.
Judiciary: HB 2604, 2606.
Rules and Journal: HR 6001.
Taxation: HB 2584, 2585, 2598, 2599, 2600, 2601, 2602.
Tourism: HB 2593, 2594.
CHANGE OF REFERENCE
Speaker Shallenburger announced the withdrawal of Sub. HB 2506; HB 2572 from
Select
Committee on Corrections and Juvenile Justice and referral to Committee on Appropria-
tions.
MESSAGE FROM THE SENATE
Announcing adoption of SR 1802, a resolution relating to the organization of the 1998
Senate and selection of the following officers:
Dick Bond, President,
Alicia Salisbury, Vice President,
Tim Emert, Majority Leader,
Anthony Hensley, Minority Leader,
Pat Saville, Secretary,
Jim Woods, Sergeant at Arms,
and awaits the pleasure of the House of Representatives.
INTRODUCTION OF GUESTS
Speaker Shallenburger introduced John M. Ryan, MD, who is president of the Kansas
Academy of Family Physicians. The Kansas Academy of Family Physicians sponsors the
Doctor of the Day Program.
Dr. Ryan, who is in private practice in Marysville, earned his Doctorate of Medicine at
the University of Kansas School of Medicine and completed Family Practice Residency at
the University of Kansas-Wichita in 1984. He is a member of the American Academy of
Family Physicians, Kansas Medical Society and Southwest Clinical Society.
COMMITTEE ASSIGNMENT CHANGES
Speaker Shallenburger announced the following changes in committee assignments for
the 1998 session:
Rep. Wilson is withdrawn from Committee on Business, Commerce and Labor; Rep.
Empson is appointed to Committee on Business, Commerce and Labor.
Rep. P. Long is withdrawn from Committee on Federal and State Affairs; Rep. Vining is
appointed to Committee on Federal and State Affairs.
Rep. Wilson is withdrawn from Committee on Financial Institutions; Reps. Cook and
Hayzlett are appointed to Committee on Financial Institutions.
Rep. Wilson is appointed to Committee on Fiscal Oversight.
Reps. Freeborn and Vining are withdrawn from Committee on Health and Human Serv-
ices; Reps. Cook and P. Long are appointed to Committee on Health and Human Services.
Rep. Wilson is appointed Chairperson of Committee on Insurance; Rep. Tomlinson is
appointed Vice-chairperson of Committee on Insurance; Rep. Myers is appointed to Com-
mittee on Insurance.
Rep. Empson is withdrawn from Committee on Taxation; Rep. Cook is appointed to
Committee on Taxation.
Rep. Kejr is withdrawn from Select Committee on Broadcasting; Rep. Mays is appointed
to Select Committee on Broadcasting.
Rep. Tanner is withdrawn from Joint Committee on Arts and Cultural Resources; Rep.
Horst is appointed to Committee on Arts and Cultural Resources.
Rep. Presta is withdrawn from Joint Committee on Economic Development; Rep. Ed-
monds is appointed to Joint Committee on Economic Development.
Reps. Carmody, Compton, Correll and Farmer are withdrawn from Joint Committee on
Special Claims Against the State; Reps. Crow, Phill Kline, Powers and Swenson are ap-
pointed to Joint Committee on Special Claims Against the State.
Rep. Gilmore is appointed to Joint Committee on Health Care Reform Legislative Over-
sight.
The Select Committee on Broadcasting is reauthorized for the 1998 session.
MESSAGES FROM THE SENATE
Announcing adoption of HCR 5031, a concurrent resolution relating to a committee to
wait upon the Governor and advise him the 1998 session of the Legislature is duly organized
and ready to receive communication.
Also, announcing the appointment of Senators Vidricksen and Biggs as Senate members
of the committee to wait upon the Governor.
Also, announcing adoption of HCR 5032, a concurrent resolution providing for a joint
session of the Senate and House of Representatives for the purpose of hearing a message
from the Governor.
The Senate announces the appointment of Senators Ranson and Feleciano to escort the
Governor.
Also, Senators Jordan and Downey to escort the Lt. Governor.
On motion of Rep. Jennison, the House recessed until 6:00 p.m.
______
Evening Session
The House met pursuant to recess with Speaker Shallenburger in the chair.
It being the hour in accordance with HCR 5032 to meet in joint session with the Senate
to hear the message of the Governor, Reps. Palmer, Powell and Minor escorted President
Bond and members of the Senate to seats in the House.
Reps. Glasscock, O'Neal and McKechnie and Senators Jordan and Downey escorted the
Lieutenant Governor to a seat in the House.
Reps. Cook, Wilson and Wempe and Senators Ranson and Feleciano escorted the Gov-
ernor to the rostrum.
GOVERNOR BILL GRAVE'S COMPLETE TEXT
OF THE STATE OF THE STATE
January 12, 1998
Mr. Speaker, Mr. President, Members of the Legislature and Fellow Kansans:
Tonight marks my fourth appearance as Governor in which I have the privilege and
responsibility to report on the state of the State. Public service is a high calling, and I am
honored by the opportunity to serve the people of Kansas. I am also proud of the partnership
I enjoy with the Kansas Legislature. Together we have provided unprecedented tax relief
for Kansans. Together we have strengthened our future by investing in education. Together
we have created initiatives to protect the environment, to more effectively deal with juvenile
and violent crime, to more fairly administer tax laws, to effectively implement welfare to
work, and to create jobs and build a stronger economy.
We have achieved a great deal, and I thank you for your support and partnership. Our
past efforts have contributed to a state of the State that is excellent. Record-low unemploy-
ment, with more Kansans employed than any time in our history, and strong growth in all
sectors of the economy have provided a sound economic base. We are proud of our place
in the global economy. The world is consuming Kansas-grown grain and meat, flying Kansas-
built aircraft and using Kansas-built machinery, while Kansas-based services meet their
needs.
The fiscal condition of Kansas is outstanding. This is confirmed by the recent Standard
and Poor's rating of AA + , the highest rating possible for the State of Kansas. In reaching
that conclusion,Standard & Poor's noted as a significant factor in this high rating the fact
that Kansas has ``conservative fiscal management and sound financial operations with ample
statutory-mandated cash reserves.'' This AA + rating confirms Kansas is financially sound.
We have minimal debt, we do not overspend, and we prudently maintain a ``rainy-day'' fund.
We must not deviate from these conservative policies. Short-term political gain shall not
be substituted for long-term fiscal responsibility. We cannot spend money we do not have,
nor spend money we hope will be there. As I have said before, there is no Kansas credit
card.
While the state of the State demands our attention, the future of the State requires our
vision. My message will be simple. There are taxes that can and should be reduced, and
investments that can and should be made to build a better Kansas.
Together, we have made history: at no other time have the people of Kansas been given
three consecutive years of tax relief. That's a record we can be proud of, but more impor-
tantly, a record we will add to with more tax cuts this year.
Let me share my proposals for fair, significant, and effective tax relief.
Tax Cuts
Single Taxpayers: Last year, I asked you to address the inequity between single and mar-
ried taxpayers. To add a tax burden on young people starting their careers, on single parents
struggling to keep their families intact, or on those who have lost their spouse just isn't right.
You agreed; but because we lacked the financial resources, the decision was made to phase
in tax justice over four years. Now we have the resources. On behalf of the more than
500,000 Kansans who will receive a 20 percent reduction this year, I strongly urge you to
provide tax justice to single taxpayers.
Income Tax: In our efforts over the past three years to provide tax relief to Kansans, we
have not dealt adequately with the income tax. Relief is due to all who pay income taxes.
Therefore, I am asking the legislature to support:
* increasing the standard deduction by $200 for singles; $400 for the head of a house-
hold; and $600 for married couples.
* increasing the personal exemption by $100 from $2,000 to $2,100.
* enacting a 10 percent earned income tax credit. When the federal earned income tax
credit was expanded in 1986, President Ronald Reagan called it ``...the best anti-
poverty, the best job creation, the best pro-family measure to come out of Congress.''
I agree and ask your support for a state credit equal to 10 percent of the federal
amount for Kansans.
* And finally, Kansas is clearly out of step with the rest of the nation on the taxation of
machinery and equipment. My proposal begins the process of removing this business
inequity by providing a 15 percent income tax credit for property taxes paid on ma-
chinery and equipment.
These four proposals, along with reducing the single taxpayer rate, provide major income
tax relief for Kansans.
Inheritance Tax: Kansas must address its death taxes. In analyzing this issue, it became
abundantly clear our inheritance tax is much too high and much too complicated. Kansans
already pay taxes on income when it is earned, taxes on property while it's owned, and taxes
on goods and services when they are purchased. That's enough taxing. It is time for Kansans
to have the lowest inheritance taxespossible in this country.
This is a tax reduction for all Kansans. Just ask the store owners on main street in your
town, the farmers or ranchers in rural Kansas, the retired workers who own their own homes
and have savings. They can't pass along their business, their property, or their savings without
the State of Kansas imposing this unjust penalty.
Therefore, I am recommending on July 1 of this year, Kansas move to a federal pick-up
estate tax under which 90 percent of estates will be entirely exempt from federal and state
death taxes.
Property Tax: Continuing to reduce the uniform school mill levy is a goal we all share, and
I recommend the levy be reduced to 23 mills for 1998 and 1999. This would represent a
total reduction, through our partnership, of more than one third of the state-imposed prop-
erty tax levy since we began these efforts just two years ago.
Food Sales Tax Rebate: Last year in my State of the State message, I urged you to expand
the sales-tax-on-food rebate by nearly doubling from $13,000 to $25,000 the income eligi-
bility requirement, and returning dollars to more families who most need assistance. This
proposal made sense then; and it makes sense now. And I promise you, we will administra-
tively make this program work. The families with the least to spend must have more of our
focus. In the last few months, there has been much talk about sales tax on food. This proposal
gives us an opportunity to provide relief, not rhetoric.
Also included in my recommendations are tax relief initiatives which provide deductions
for savings for all post-secondary education; sales tax exemptions for certain non-profits; tax
simplicity and fairness issues; and exemptions pertaining to the severance tax on oil.
In addition, I propose we increase the exemption for personal property from $250 to
$500. This is a common-sense proposal to reduce an unnecessary paperwork burden on
Kansas businesses.
In total, this tax relief package will cut the taxes Kansans must pay by $178.5 million next
fiscal year and more than $200 million dollars on an annual basis.
Finally, I ask you to extend the moratorium on unemployment insurance taxes for calendar
year 1999 which will allow business men and women throughout Kansas to keep an addi-
tional $217 million to invest in their businesses, rather than send to Topeka.
These tax cuts are significant in size, balanced in scope, fair in their inclusions of all
Kansans, and consistent with conservative fiscal policy. Added to tax cuts previously enacted
by this Administration and the Kansas Legislature--at the turn of the century--we will have
reduced the tax burden on Kansans by $3.3 billion.
I am fully aware some will not find our tax relief efforts adequate. They have but one
song to sing, one slogan to shout. But they underestimate; they undervalue; and they do not
understand the Kansans I know. Kansans are not selfish, nor greedy. They want balance.
They may not hire specialinterests, but they convey the interest they have in building a
better future. They believe in investing in the Kansas of tomorrow, and so do I. The following
are a few of the highlights of my proposals to build a better Kansas.
Investments in Children, Education and Training
Educating our children has, is, and will always be a priority of this Administration. Except
for in our homes, nowhere is the future of Kansas more influenced than in our classrooms.
The following are some of my investments in our children's education:
* We should increase the base-budget-per-pupil expenditure by $35 to $3,705;
* We should increase the budget to provide special education financing at 85 percent
of cost;
* We should provide $10 million to fund a fifth year of high correlation weighting;
* We should increase by more than 20 percent our support for at-risk children;
* We should add nearly $2 million to increase support for the parents as teachers pro-
gram; and,
* We should commit $5 million to expand early head-start for children ages 3 to 5, so
thousands more children receive the benefits of this program.
Combined with other initiatives in the budget, my recommendations will provide new
funding next year of $84 million --or a 4.1 percent increase--for elementary and secondary
education. Regents institutions, Washburn, community colleges and area vocational tech-
nical schools also will have increased operating support.
Because educating adults and building a stronger workforce is critical to our continued
economic success, I am adding $600,000 to the Kansas Industrial Training and Kansas
Industrial Re- training programs, and $1 million for capital improvements for area vocational
technical schools. This 50 percent increase will enable them to even better prepare more
skilled workers for the Kansas workforce.
In the history book, American Commonwealth, printed in 1888, it is noted that the Kansas
Senate Education Committee demonstrated a commitment to excellence in education. One
of the proposals to accomplish this goal was ``. . . to have a Webster's dictionary in every
school.'' While our commitment to excellence hasn't changed, the times and needs have. In
our quest for excellence, I am recommending major technology investments in the amount
of $23 million for K-12, Regents institutions, Washburn and community colleges, area vo-
cational technical schools, School for the Blind, School for the Deaf, and assistive technology
for special education students.
Children who are not healthy cannot take advantage of these education initiatives. To
address the critical problem in which more than 60,000 Kansas children typically go unin-
sured, I am recommending $12 million in state funds to match $30.8 million in federal
money for providing health insurance coverage and guaranteeing our children's right to
health care.
Investments in the Environment and Natural Resources
I believe all Kansans care deeply about their environment and natural resources. To
continue this Administration's past initiatives, I recommend:
* $800,000 to finance the Kansas Water Quality Buffer Initiative and restore riparian
areas of targeted watersheds in the Kansas Lower Republican River basin;
* $1 million per year over the next five years to leverage $20 million in loans for pro-
viding more communities with critical water system upgrades;
* $500,000 from the State Water Plan to honor the State's water quality obligations
under the Federal Clean Water Act;
* $150,000 for the Kansas Geological Survey to begin a field-wide study of how best to
explore, produce and regulate gas and oil in the Hugoton fields; and,
* $418,500 combined for Kansas State University:
1) to conduct state-of-the-art research on how to more efficiently use water from the
Ogallala aquifer; and 2) to enhance on-going research of confined animal lagoons and
ensure protection of our groundwater.
While protecting our environment and natural resources, we must also enhance the op-
portunity for all Kansans to enjoy them. We have neglected our parks infrastructure to the
point of embarrassment. I am asking you to invest $10 million to be spent over three years
to ensure our parks are accessible, useable, and reflect the pride we have in our state.
Investments in People
Those who served Kansas and are part of the KPERS system have not had a cost of living
adjustment for four years. With the strong performance of our system's investments, it is
time to address that issue. I am recommending a three percent increase for all KPERS
retirees.
Last fall, in this chamber, I addressed nearly 400 State employees from throughout Kan-
sas. They were equipment operators, those who protect us on the highway, and those who
serve us in the offices of government. My message was of appreciation for their willingness
to do more and an encouragement to serve Kansans even better. Personally delivering this
message to them was important because during our past three years, we have reduced the
size of government by more than 3,000 employees.
We are asking our employees to do more, and therefore--because they are our greatest
asset--we must support their effort. I am proud of our State employees and particularly
proud of the leadership my Cabinet has shown. I recommend the equivalent of a 4 percent
increase for all State employees. They are doing more with less and have earned this rec-
ommendation.
There are numerous other investments in my budget designed to build a better Kansas.
In reviewing my budget recommendations, please note the one-time tax payment of $66.6
million we received is allocated to one-time, not on-going, expenditures. Regardless of how
you choose to allocate these funds, I expect them to be used for one-time costs.
In spite of these aggressive initiatives, we have been able to propose a budget from the
state
general fund that is less than the rate of inflation--a budget that grows by only 2.5 percent.
Issues of Public Policy
In every session, there are public policy issues not directly related to the spending plan
which are important and must be debated. There are too many to mention in the time
allotted here, but let me highlight and comment on a few.
Board of Tax Appeals: Last year, we crafted and enacted the most significant tax policy
in more than a decade, the Taxpayer Fairness Act. Now that we have addressed fairness,
we should continue the discussion in terms of efficiently and effectively adjudicating tax
disputes. I have proposed a structure to allow the Board of Tax Appeals to better perform
its role. I urge your input on and consideration of this issue.
Retail Wheeling: It is clear to me there ultimately will be a restructuring of utilities pro-
viding electric power. My expectation is that whatever Kansas does, we will need complete
assurance the Kansas consumer--rural and urban--is protected, and municipalities and the
industry are treated fairly. Legislation restructuring this industry should address these crit-
ical concerns.
Ethics and Campaign Finance Reform: For the fourth year in a row, I ask you to help
restore the confidence of people in their government by enacting meaningful ethics legis-
lation. Two areas I strongly encourage include providing immediate subpoena powers for
the Commission on Governmental Standards and Conduct, and requiring disclosure of third
party dollars spent in the election process.
To not give the commission this subpoena power is to severely limit their ability to carry
out the responsibility the Legislature has given them. Let's empower them to do their job.
The issue of third party spending in campaigns is an issue of disclosure. It is not an issue
of restricting citizens' rights. All we ask for is information on the source of their money and
how it was spent. Kansans have the right to know who is trying to influence them in the
political process.
Partial Birth Abortion: An issue of great importance to all Kansans is public policy re-
garding abortion. This issue demands conscientious thought by all of us. Thoughtful people
can find common ground on even the most challenging issues. There are those sitting in
this chamber that showed courage and commitment and brought divergent views together
to achieve passage last year of an excellent bill, the Woman's Right to Know. I was proud
to be part of that effort and proud of those here tonight who led it.
I believe there is another area where we can join together. I strongly urge passage of a
bill to ban partial birth abortions. The argument about when this procedure is done or how
many times it'sdone is not the issue. The issue is that it is an abhorrent procedure that is
currently legal in Kansas; and it should be banned so it will never be performed in Kansas.
Conclusion
Tonight I have shared my strong commitment to provide fair, significant and effective tax
relief and to invest in building a better Kansas. When I first addressed you in January 1995,
I quoted Carl Becker. He reminded us that part of the heritage of pioneers was dealing
with a new frontier. He conveyed to us that, without vision, a frontier cannot be transformed
from what we have into what we dream. We are entering a new frontier. We are on the
threshold of a new century.
This budget is historic. It is the last full fiscal year budget before the year 2000. Our
vision must be guided by good public policy, not compromised by political expediency. We
will not sacrifice opportunities for the next generation by appeasing special interest demands
today.
This plan balances the need for fair, significant and effective tax relief with the need to
build a better Kansas. That balance is my commitment to the people of Kansas.
Thank you and good night.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, January 13,
1998.
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Cheif Clerk.