January 23, 1998



Journal of the House


NINTH DAY

______

                                                              Hall of the House of Representatives, Topeka, KS,

                                                                                Friday, January 23, 1998, 10:00 a.m.


The House met pursuant to adjournment with Speaker Shallenburger in the chair.

The roll was called with 112 members present.

Reps. Gilmore and Lloyd were excused on verified illness.

Reps. Adkins, Kejr, McKechnie and Weber were excused on legislative business.

Reps. Allen, Edmonds, Franklin, Neufeld, Nichols, Powers and Tomlinson were excused
on excused absence by the Speaker.

Prayer by guest chaplain, the Rev. G. William Ester, pastor, West Side United Methodist
Church, Wichita, and guest of Rep. Welshimer:

      As we begin this new day we are grateful, O God, for your abiding love which we
      did not create and which we cannot destroy. We are grateful for the possibility of
      new life in this day, and in each new day that comes to us from you.

      O God, we confess our waywardness in thought, word, and deed. We acknowledge
      the divisions that separate us one from the other. We ask your forgiveness. Knit us
      into one seamless fabric, O God, using your yarns of respect, patience, tolerance,
      compassion, and justice.

      O God, we give you thanks for each person serving in this House of Representa-
      tives, its staff, and all of the employees of our great state. Watch over and care for
      them, guard them from all harm.

      Through your prophet Isaiah, O God, you speak of your creation of ``new heavens
      and a new earth.'' (Isaiah 65:17-18) To just such an endeavor we offer our service,
      today and in the days to come. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

The following bills were introduced and read by title:

HB 2696[cf1, An act concerning water supply and distribution districts; relating to the de-
tachment of certain land, by Committee on Governmental Organization and Elections.

HB 2697, An act concerning vessels; providing for certificates of title; amending K.S.A.
32-1111 and K.S.A. 1997 Supp. 84-9-302 and repealing the existing sections, by Represen-
tative Beggs.

HB 2698, An act amending the vehicle dealers and manufacturers licensing act; con-
cerning all-terrain vehicle dealers; amending K.S.A. 8-2406 and 8-2409 and K.S.A. 1997
Supp. 8-2401 and repealing the existing sections, by Representative Beggs.

HB 2699, An act enacting the boat dealers and manufacturers licensing act, by Repre-
sentative Beggs.

HB 2700, An act amending the Kansas automotive injury reparations act; requiring ver-
ification of insurance certifications; amending K.S.A. 1997 Supp. 40-3118 and repealing the
existing section, by Representatives Huff, Beggs, Benlon, Dreher, Freeborn, Lane, P. Long,
Phelps, Powers, Ray, Shultz, Stone, Swenson and Wilson.

HB 2701, An act concerning the payment of wages; relating to certain claims therefor;
amending K.S.A. 44-317 and 44-322a and repealing the existing sections, by Committee on
Business, Commerce and Labor.

HB 2702, An act relating to trusts and trustees; providing notice to creditors of decedent,
by Committee on Financial Institutions.

HB 2703, An act concerning banks and banking; relating to access devices; unauthorized
transactions; notice; amending K.S.A. 1997 Supp. 9-1111d and repealing the existing section,
by Committee on Financial Institutions.

HB 2704, An act concerning legislative review of certain state agency information tech-
nology projects and budget estimates; abolishing the office of the chief information architect
and the Kansas information resources council; creating the legislative office of information
technology and the position of chief information technology officer; transferring certain state
officers and employees; renaming the joint committee on computers and telecommunica-
tions as the joint committee on information technology and relating to the organization
thereof; amending K.S.A. 46-2101, 46-2102, 75-4709, 75-5147 and 76-3,100 and repealing
the existing sections; also repealing K.S.A. 75-4706, 75-4707, 75-4740, 75-4742, 75-4743
and 75-4744, by Joint Committee on Computers and Telecommunications.

HB 2705, An act concerning accident and health insurance; concerning group employer
health insurance coverage; amending K.S.A. 40-19c06, 40-2209g, 40-2209m, and 40-2241
and K.S.A. 1997 Supp. 40-2122, 40-2209, 40-2209d, 40-2209e, 40-2209f, 40-2228 and 40-
3029 and repealing the existing sections; also repealing K.S.A. 40-2209k and 40-22091, by
Health Care Reform Legislative Oversight Committee.

HB 2706, An act enacting the business tax relief act of 1998; amending K.S.A. 79-201w
and repealing the existing section, by Committee on Taxation.

HB 2707, An act relating to sales taxation; authorizing Atchison county to impose a sales
tax for jail construction purposes; amending K.S.A. 1997 Supp. 12-187 and 12-189 and
repealing the existing sections, by Committee on Taxation.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

The following bills and resolutions were referred to committees as indicated:

Fiscal Oversight: HB 2683.

Governmental Organization and Elections: HB 2685.

Insurance: HB 2692.

Taxation: HB 2684, 2693, 2694, 2695; HCR 5037.

Transportation: HB 2686, 2687, 2688, 2689, 2690, 2691; HCR 5036.

Utilities: HCR 5035.

COMMUNICATIONS FROM STATE OFFICERS

From Meredith Williams, Executive Secretary, Kansas Public Employees Retirement
System, Annual Report for fiscal year ending June 30, 1997.

From the Joint Committee on Computers and Telecommunications, Interim Budget Re-
port to the 1998 Kansas Legislature.

From the SRS Transition Oversight Committee, Final Report to the 1998 Kansas
Legislature.

From Kansas Action for Children, Inc. (KAC), report entitled Welfare Reform and Child
Welfare Services: Changes in Public Policy and the Implications for Children and Families,
October 1997.

The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

CONSENT CALENDAR

No objection was made to HB 2639, 2645 appearing on the Consent Calendar for the
first day.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS

The following resolution was introduced and read by title:

HOUSE RESOLUTION No. 6005--

By Representative Helgerson



A RESOLUTION relating to the consideration by the Legislature of the fiscal affairs and
      budgets of the State of Kansas; concerning the crediting of gaming revenues to the State
      General Fund and the creation and adoption of goals and initial guidelines for reducing
      taxes and limiting expenditures from the State General Fund for the fiscal year ending
      June 30, 1999, which shall constitute guidelines for the Committee on Taxation and the
      Committee on Appropriations of the House of Representatives for the 1998 regular
      session of the legislature.

          Be it resolved by the House of Representatives of the State of Kansas: (1) That all taxes
imposed on Kansas taxpayers for the fiscal year ending June 30, 1999, shall be reduced by
the aggregate amount of $200,000,000;

    (2) that the total amount of approved expenditures from the State General Fund for
the fiscal year ending June 30, 1999, shall not exceed the amount equal to a 3% increase
over the total amount of approved expenditures from the State General Fund for the fiscal
year ending June 30, 1998;

    (3) That the State Economic Development Initiatives Fund shall be abolished, that all
gaming revenues shall be transferred and credited to the State General Fund and that all
budget requests that are proposed to be financed from the State General Fund or from the
State Economic Development Initiatives Fund shall be considered together by the Legis-
lature for financing from the combined amount in the State General Fund; and

    (4) that the Governor's recommendation to transfer $35,700,000 from the State General
Fund to the State Budget Stabilization Fund shall not be adopted and that those moneys
shall be retained in the State General Fund for consideration by the Legislature for financing
of budget requests from the State General Fund; and

    Be it further resolved: That these goals and initial guidelines shall constitute guidelines
for the Committee on Taxation and the Committee on Appropriations for the 1998 regular
session of the Legislature.

REPORT OF STANDING COMMITTEE

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

Request No. 17, by Representative Thimesch, congratulating Richard and Mary Ann
Schmidt on 50 years of marriage;

Request No. 18, by RepresentativeThimesch, congratulating Wilfred and Kathleen Pa-
nek on 50 years of marriage;

Request No. 19, by Representative Dreher, congratulating Maxine and Oliver Skillman
on 60 years of marriage;

Request No. 20, by Representative Dreher, congratulating Jessie and Delane Patrick on
60 years of marriage;

Request No. 21, by Representative Dreher, congratulating Mary and Daryl Garrett on
50 years of marriage;

Request No. 22, by Representative Gilmore, commending Kevin Saugier on achieving
Eagle Scout;

Request No. 23, by Representative Dahl, congratulating Kenneth and Betty Hastings
on 50 years of marriage;

Request No. 24, by Representative Dahl, congratulating Ed and Ethel Helmer on 50
years of marriage;

Request No. 25, by Representative Dahl, congratulating Calvin and Esta Hall on 50
years of marriage;

Request No. 26, by Representative Dahl, congratulating Gerald and Mary Talkington
on 50 years of marriage;

Request No. 27, by Representative Dahl, congratulating LaVaughn and Eddie Klose on
50 years of marriage;

Request No. 28, by Representative Dahl, congratulating Paul and Dorothey Hajek on
50 years of marriage;

Request No. 29, by Representative McKinney, congratulating Janell Mead, Pratt High
School, for being named Outstanding Biology Teacher of the Year for Kansas as awarded
by the National Association of Biology Teachers;

Request No. 30, by Representative Freeborn, congratulating Myrtle Bivin on her 107th
birthday on Kansas Day, January 29, 1998;

Request No. 31, by Representative Storm, congratulating David Laughlin for achieving
Eagle Scout;

Request No. 32, by Representative Storm, congratulating Jeff McDonald for achieving
Eagle Scout;

Request No. 33, by Representative Storm, congratulating Christopher Ryan for achiev-
ing Eagle Scout;

Request No. 34, by Representative Storm, congratulating Michael Dunham for achieving
Eagle Scout;

Request No. 35, by Representative Benlon, congratulating Austin Robert Caster for
achieving Eagle Scout;

Request No. 36, by Representative Benlon, congratulating Brice James Caster for
achieving Eagle Scout;

be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.

On motion of Rep. Jennison, the committee report was adopted.

Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

The following bills were introduced and read by title:

HB 2708, An act enacting the income tax relief act of 1998; amending K.S.A. 79-32,110,
79-32,119 and 79-32,121 and repealing the existing sections, by Committee on Taxation.

HB 2709, An act enacting the uniform child-custody jurisdiction and enforcement act;
amending K.S.A. 38-1503, 59-2128, 60-1604, 60-1605, and 60-1611 and K.S.A. 1997 Supp.
60-1610 are hereby repealed; also repealing K.S.A. 38-1301 through 38-1326 and 38-1335,
by Committee on Judiciary.

HB 2710, An act concerning children; relating to children in need of care; amending
K.S.A. 38-1581 and 59-2132 and K.S.A. 1997 Supp. 38-1502, 38-1562, 38-1563, 38-1565,
38-1582 and 38-1583 and repealing the existing sections; also repealing K.S.A. 1997 Supp.
38-1502b, by Committee on Judiciary.

HB 2711, An act relating to crimes and punishments; concerning determination of of-
fender's criminal history classification; amending K.S.A. 1997 Supp. 21-4711 and repealing
the existing section, by Representatives Shultz, Aurand, Beggs, Dahl, Faber, Franklin, Ha-
ley, Horst, Huff, Hutchins, Landwehr, P. Long, Mayans, Mays, Neufeld, O'Connor, Pauls,
J. Peterson, Presta, Ray, Shallenburger, Stone, Swenson, Toplikar, Vickrey and Vining.

HB 2712, An act relating to income taxation; providing a credit therefrom for contribution
amounts made to metropolitan area transit systems; amending K.S.A. 79-32,117 and re-
pealing the existing section, by Representative Welshimer.

On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, January 26,
1998.

                                                                                CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Cheif Clerk.