January 22, 1998



Journal of the House
EIGHTH DAY

______

                                                              Hall of the House of Representatives, Topeka, KS,

                                                                            Thursday, January 22, 1998, 11:00 a.m.


The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

The roll was called with 122 members present.

Rep. Lloyd was excused on verified illness.

Rep. Packer and Pottorff were excused on excused absence by the Speaker.

Prayer by guest chaplain, the Rev. Ed Rotz, pastor, Fairlawn Heights Wesleyan Church,
Topeka:

      Heavenly Father,

      Gathered before You this morning is a wonderful cross-section of men and women
      from across the State of Kansas, whose intent is to make better the lives of those
      they represent.

      They are here from large cities and small towns: from Abilene, Attica, Belleville,
      and Bird City to Wichita, Winchester, and Winfield.

      For most, this isn't their real job, but in the interest of serving the rest of us they
      have temporarily left the world of retail, small businesses, classrooms, law practices,
      farms, doctor's offices, banks, and industries. Many have spouses and children who
      are having to make do with the week-long absence of a mother or father.

      As they have made certain sacrifices to be here I would ask for two gifts on their
      behalf: wisdom and courage. Wisdom to discern their part in a Higher Plan and
      courage to cooperate with a Higher Purpose.

      Embed within each of us this truth: ``  The things we see now are here today, gone
      tomorrow. But the things we can't see now will last forever.''

      In Jesus' name,

      Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were introduced and read by title:

HB 2683, An act concerning rules and regulations; relating to the rules and regulations
filing act; amending K.S.A. 77-421, 77-422 and 77-435 and repealing the existing sections,
by Joint Committee on Administrative Rules and Regulations.

HB 2684, An act relating to property taxation; concerning exemptions therefrom for
political subdivisions; amending K.S.A. 79-201a and repealing the existing section, by Rep-
resentative Stone.

HB 2685, An act concerning county clerks; relating to qualifications for office; amending
K.S.A. 19-301 and repealing the existing section, by Representative Neufeld.

HB 2686, An act relating to apportioned fleet registration of certain vehicles; amending
K.S.A. 1997 Supp. 8-1,105 and 8-1,109 and repealing the existing sections, by Committee
on Transportation.

HB 2687, An act concerning vehicles; relating to terminal rent adjustment clauses, by
Committee on Transportation.

HB 2688, An act requiring the installation of rumble strips at certain intersections, by
Committee on Transportation.

HB 2689, An act concerning vehicles; relating to the timely delivery of certificates of
title and manufacturer's statements of origin; amending K.S.A. 1997 Supp. 8-135 and re-
pealing the existing section, by Committee on Transportation.

HB 2690, An act regulating traffic; concerning bicycles single-file; exceptions; amending
K.S.A. 1997 Supp. 8-1590 and repealing the existing section, by Committee on
Transportation.

HB 2691, An act regulating traffic; concerning permits for oversize or overweight vehi-
cles; amending K.S.A. 1997 Supp. 8-1911 and repealing the existing section, by Committee
on Transportation.

HB 2692, An act relating to title insurance; requiring certain disclosures and prohibiting
certain practices; amending K.S.A. 1997 Supp. 40-2404 and repealing the existing section,
by Committee on Insurance.

HB 2693, An act relating to income taxation; excluding social security benefits therefrom;
amending K.S.A. 79-32,117 and repealing the existing section, by Representative Myers.

HB 2694, An act relating to sales taxation; exempting certain sales by or to zoos; amending
K.S.A. 79-3603 and 79-3606 and repealing the existing sections, by Representatives Powell,
Welshimer and Mayans and Cook, Dean, Farmer, Flaharty, Gilbert, Gregory, Helgerson,
Hutchins, Johnston, Klein, Landwehr, P. Long, Mason, Mays, Myers, Palmer, Powers,
Presta, Samuelson, Sawyer, Sharp, Swenson, Thimesch, Vining, Wagle and Wells.

HB 2695, An act relating to sales taxation; exempting therefrom sales of certain motor
vehicles; amending K.S.A. 79-3606 and repealing the existing section, by Representatives
Wempe and Wilson.

HOUSE CONCURRENT RESOLUTION No. 5035--

By Committee on Utilities



A CONCURRENT RESOLUTION urging Congress not to take action regarding deregu-
      lation of the electric generation industry and to leave that responsibility to the individual
      states.

          WHEREAS, Each state is able and has the right to determine if the electric generation
industry should be deregulated within the state and the time period for such deregulation;
and

    WHEREAS, Each state has unique electric power supply sources and demand require-
ments that cannot readily be accommodated by deregulation at the federal level; and

    WHEREAS, Availability of reliable electric energy at affordable prices has a tremendous
impact on the public health and welfare in each state; and

    WHEREAS, The Legislature of the State of Kansas created the Retail Wheeling Task
Force, composed of legislators and representatives of all interested parties, to study and
make recommendations regarding deregulation of electric generation in Kansas; and

    WHEREAS, The Task Force devoted long hours for 18 months to understanding the
issue of deregulation, its potential impact on the citizens of this state and means of addressing
the issue to benefit the greatest number of Kansans; and

    WHEREAS, The federal government does not have the knowledge, time or money nec-
essary to similarly assess the needs of each individual state: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: The Legislature of the State of Kansas strongly urges the Congress of the United
States not to take action to deregulate the electric generation industry and to leave that
responsibility to the individual states; and

    Be it further resolved: The Secretary of State is directed to send enrolled copies of this
resolution to the President of the United States Senate, the Speaker of the United States
House of Representatives, each United States Senator and each United States Represen-
tative representing Kansas, the secretary of the United States Department of Energy and
the President of the United States.

HOUSE CONCURRENT RESOLUTION No. 5036--

By Committee on Transportation



A CONCURRENT RESOLUTION urging the United States Congress to modify the com-
      mercial driver's license law to allow states the option to license drivers of commercial
      motor vehicles in intrastate commerce based upon testing standards developed by in-
      dividual states.

          WHEREAS, The passage of the federal commercial driver's license law has been both a
benefit and a bane to the state of Kansas and to other states;

    WHEREAS, The passage of the federal commercial driver's license law has brought a
national uniformity for the issuance and enforcement of driver's license laws for commercial
operators which increases safety for the traveling public;

    WHEREAS, Although the passage of the federal commercial driver's license law has
brought many benefits, the law has also brought many problems to the operators of com-
mercial motor vehicles in intrastate commerce;

    WHEREAS, One Kansas example of such troubles can be seen by the requirement that
part-time road grader operators used in the removal of snow by townships are required to
have a CDL;

    WHEREAS, One possible solution to help the State of Kansas and other states is to
modify the federal commercial driver's license law to allow the states the option to license
drivers of commercial motor vehicles in intrastate commerce based upon testing standards
developed by the individual state, which conform to the needs of such individual
state: Now, therefor,

    Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature of Kansas strongly urges the United States Congress to mod-
ify the provisions of the federal commercial driver's license law to allow the States the option
to license drivers of commercial motor vehicles in intrastate commerce based upon testing
standards developed by the individual states and determined by the needs of such individual
states;

    Be it further resolved: That the Secretary of State be directed to send copies of this
resolution to the President of the United States, the President of the United States Senate,
the Speaker of the United States House of Representatives and to each member of the
Kansas Congressional Delegation.

HOUSE CONCURRENT RESOLUTION No. 5037--

By Representatives Beggs, Aurand, Ballou, Boston, Carmody, Compton, Cox, Dahl, Dreher,
      Geringer, Gilmore, Glasscock, Horst, Humerickhouse, Hutchins, Jennison, Johnson,
      Phill Kline, Lane, Mason, Mays, McCreary, Morrison, Myers, Neufeld, O'Connor, Os-
      borne, Packer, Palmer, Powell, Powers, Presta, Schwartz, Shallenburger, Shore, Sloan,
      Spangler, Stone, Swenson, Tanner, Vickrey, Vining, Wagle and Wilson

      A CONCURRENT RESOLUTION memorializing the Congress of the United States to
      enact legislation that will sunset the IRS Code by December 31, 2000, and to develop
      and complete a replacement tax code for the American people.

          WHEREAS, The IRS Code is beyond repair; and

    WHEREAS, The IRS Code is the core of the distrust of government the American
people feel; and

    WHEREAS, The current tax code is seven million words, compared to Lincoln's Get-
tysburg Address of 269 words, and the Declaration of Independence of 1,337 words; and

    WHEREAS, The IRS's ``simplest'' return, the EZForm 1040, has 33 pages of instruc-
tions, and the IRS Form 1040 has 76 pages of instructions; and

    WHEREAS, Individual taxpayers will spend 1.7 billion hours and American business will
spend 3.4 billion hours each year simply trying to comply with the tax code--which is
equivalent to a ``staff'' of three million people working full time, year round, just on taxes;
and

    WHEREAS, Taxes are too high, but any steps to lower taxes by modifying the existing
tax code would make it even longer and more confusing; and

    WHEREAS, This proposal embodies a prudent method and adequate time for devel-
oping a new tax code: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the legislature request of the Congress of the United States enactment of
legislation which will abolish the IRS Code by December 31, 2000, and replace it with a
new method of taxation which in essence will:

    Lower taxes, to create job opportunities

    Foster growth, by encouraging work and savings

    Be fair, for all taxpayers

    Be simple enough for all taxpayers to understand

    Be neutral, allowing people, not government to make choices

    Be visible, so people know the cost of government

    Be stable, so people can plan for the future.

    Be it further resolved: That the legislature request the several states apply to Congress
for enactment of this proposal; and

    Be it further resolved: That copies of this resolution, attesting to the adoption of this
resolution, be forwarded by the Chief Clerk of the House of Representatives to the President
of the Senate and the Speaker of the House of Representatives of the United States, to each
of the senators and representatives from Kansas and to the legislatures of each of the several
states.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Health and Human Services: HB 2681, 2682.

Judiciary: HB 2676, 2677.

Taxation: HB 2675.

Transportation: HB 2678.

Utilities: HB 2679, 2680.

REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2645 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.

The Committee on Health and Human Services recommends HB 2622 be passed.

The Committee on Insurance recommends HB 2639 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, January 23,
1998.

                                                                                CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Cheif Clerk.