The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 121 members present.
Reps. Lloyd and E. Peterson were excused on verified illness.
Reps. Hayzlett and Helgerson were excused on excused absence by the Speaker.
Present later: Rep. Hayzlett.
Prayer by Chaplain Washington:
Heavenly Father,
In an essay on self reliance, Emerson said ``Speak what you think today in words as
hard as cannon balls, and tomorrow speak what tomorrow thinks in hard words again,
though it contradicts everything you said today.''
In this swirling world of inconsistency, where one day a statement is confirmed, and
the next day it's retracted, help us to find continuity, soundness and vitality in what You
have said. You said in Isaiah 40:8 that Your Words would stand forever. Thank You for
such a stable refuge in this turn about world.
As these men and women gather in these halls, help them to argue Your causes, and
to vote from convictions based upon Your Holy Word.
My prayer is that in Your eyes, this House might be firmly established. I come to You
in the Name of Jesus. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2871, An act concerning school districts; relating to employment of persons in clas-
sified positions; authorizing boards of education to receive certain information, by Repre-
sentative Horst.
HB 2872, An act concerning disposition of certain excess moneys in the treasury of
Crestview Country Club Improvement District, by Representative Wagle.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
The Senate nonconcurs in House amendments to SB 9, requests a conference and has
appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 476, 477, 540.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 9.
Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Sub. HB 2478, An act relating to certain funds; relating to the interest credit to such
funds; amending K.S.A. 75-2256, 82a-1369 and 82a-1370 and K.S.A. 1997 Supp. 55-192,
65-34,146 and 74-7325 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The substitute bill passed.
HB 2512, An act concerning the state library; relating to the state grants-in-aid to libraries
act; amending K.S.A. 75-2534, 75-2556, 75-2557, 75-2558 and 75-2559 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 1; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed, as amended.
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, was con-
sidered on final action.
On roll call, the vote was: Yeas 114; Nays 6; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed.
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
purposes; 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, was considered on final
action.
On roll call, the vote was: Yeas 109; Nays 11; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed, as amended.
HB 2637, An act concerning the changing of the domicile of foreign insurance companies;
amending K.S.A. 1997 Supp. 40-2,162 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 1; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed, as amended.
SB 14, An act concerning the department of administration; relating to administration of
the deferred compensation plan for public officers and employees; amending K.S.A. 75-
5525 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 2; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed, as amended.
SB 16, An act repealing K.S.A. 1997 Supp. 74-2137, relating to annual performance audits
of the Kansas highway patrol motor vehicle program, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed, as amended.
SB 411, An act concerning health insurers; relating to utilization review organizations;
amending K.S.A. 1997 Supp. 40-22a06 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed.
SB 412, An act concerning insurance; relating to risk-based capital requirements; amend-
ing K.S.A. 1997 Supp. 40-2c01 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The bill passed.
SCR 1613, A concurrent resolution establishing a task force on long-term care services
to study services provided by the public and private sector to citizens of the state and laws
and rules and regulations relating to such services, was considered on final action.
On roll call, the vote was: Yeas 96; Nays 24; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Dean, Hayzlett, Helgerson, Lloyd, E. Peterson.
The resolution was adopted, as amended.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Minor in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Minor, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2727 be passed.
Committee report recommending a substitute bill to Sub. HB 2649 be adopted; also roll
call was demanded on motion to recommend the bill favorably for passage.
On roll call, the vote was: Yeas 117; Nays 4; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Dean, Helgerson, Lloyd, E. Peterson.
The motion prevailed, and Sub. HB 2649 be passed.
Committee report to HB 2763 be adopted and the bill be passed as amended.
Committee reports to SB 15 be adopted and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends HB 2761 be amended on page 1, in line
30, before ``profit'' by inserting ``, including''; also in line 30, by striking ``including,''; and
the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2629 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 2723 be amended
on page 1, in line 16, by striking ``It is the intent of the legislature that an'' and inserting
``An''; in line 17, after ``person'' by inserting ``who has satisfied the requirements of subsec-
tion (b)(1)''; in line 28, by striking ``medical director''; in line 33, by striking all after ``person''
where it appears for the first time; in line 34, by striking ``surgery,''; and the bill be passed
as amended.
The Committee on Transportation recommends HB 2686 be passed.
The Committee on Utilities recommends HB 2679 be amended on page 1, in line 25,
after ``commission'' by inserting ``but does not include any municipal electric utility or por-
tion thereof''; in line 30, by striking ``January'' and inserting ``July''; in line 34, by striking
``January'' and inserting ``July''; in line 39, by striking ``a municipal electric'' and inserting
``if a municipal electric utility's annual gross revenues are $500,000 or more, such'';
On page 2, in line 5, after the semicolon, by inserting ``and''; in line 6, by striking ``trans-
actional taxes'' and inserting ``sales, use and franchise taxes, and any fees,''; in line 7, by
striking ``; and''; in line 8, by striking all before the period; after line 8, by inserting:
``(e) All reasonable costs of complying with this section shall be recoverable through a
competitive transaction charge to be determined by the commission, except to the extent
that the commission determines recovery will be completed through regulated rates.'';
Also on page 2, in line 10, by striking ``statute book'' and inserting ``Kansas register''; and
the bill be passed as amended.
The Committee on Utilities recommends HB 2743 be amended on page 2, in line 1, by
striking ``or has authority to provide''; in line 41, by striking ``a serious electrical short is
occurring'' and inserting ``the integrity of the protective covering of an electrical line is
penetrated''; and the bill be passed as amended.
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 2873, An act concerning the Kansas public employees retirement system; relating to
plan of long-term disability benefits; amending K.S.A. 1997 Supp. 74-4927 and repealing
the existing section, by Committee on Appropriations.
HB 2874, An act concerning the Kansas police and firemen's retirement system; relating
to affiliation of the office of state fire marshal; election by fire investigators; credit service,
employee and employer contributions, by Committee on Appropriations.
HB 2875, An act concerning the Kansas public employees retirement system and systems
thereunder; relating to a postretirement benefit adjustment; employer contribution rates;
amending K.S.A. 1997 Supp. 74-4920 and repealing the existing section, by Committee on
Appropriations.
HB 2876, An act establishing the Kansas local government outdoor recreation grant
program; prescribing powers, duties and functions for the secretary of wildlife and parks,
by Committee on Appropriations.
HB 2877, An act authorizing the state board of regents to sell and convey certain real
estate located in Scott county, Kansas, by Committee on Appropriations.
HB 2878, An act repealing K.S.A. 75-6801, relating to reductions in executive and leg-
islative state agency positions based on retirements, by Committee on Appropriations.
HB 2879, An act concerning the abatement of common nuisances; amending K.S.A.
22-3901 and repealing the existing section, by Committee on Appropriations.
HB 2880, An act concerning the real estate brokers' and salespersons' act; relating to
fees; amending K.S.A. 1997 Supp. 58-3063 and repealing the existing section, by Committee
on Appropriations.
HB 2881, An act concerning groundwater management districts; relating to assessments
to finance district operations; amending K.S.A. 82a-1030 and repealing the existing section,
by Representative Holmes.
HB 2882, An act relating to the Kansas Statutes Annotated; concerning distribution
thereof; amending K.S.A. 77-138, 77-151 and 77-165 and repealing the existing sections, by
Representative Haley.
HB 2883, An act concerning cities; relating to the rehabilitation of abandoned property;
amending K.S.A. 79-3102 and K.S.A. 1997 Supp. 12-1750, 12-1752, 12-1753, 12-1756a, 12-
1756b, 12-1756c, 12-1756d, 12-1756e and 12-1756f and repealing the existing sections, by
Representative Haley.
HB 2884, An act concerning motor vehicle liability insurance; relating to proof of finan-
cial responsibility; amending K.S.A. 1997 Supp. 40-3103 and 40-3104 and repealing the
existing sections, by Representative Haley.
HB 2885, An act concerning the Kansas tort claims act; relating to the year 2000 date
change in computers, by Representative O'Neal.
HB 2886, An act concerning the regulation and application of state and local laws, rules,
regulations and ordinances to sport shooting ranges; providing civil immunity to persons
who operate or use such ranges, by Committee on Federal and State Affairs.
HB 2887, An act concerning alcoholic beverages; relating to the unlawful sale, purchase
and possession of alcoholic beverages; to provide for the crime of unlawful shipments of
beverage alcohol to Kansas consumers under certain circumstances; to provide for registra-
tion and for payment of fees and taxes on authorized shipments; relating to out-of-state
shipper's licenses; amending K.S.A. 41-304 and 41-310 and K.S.A. 1997 Supp. 41-311 and
41-727 and repealing the existing sections, by Committee on Federal and State Affairs.
HB 2888, An act concerning school district finance; increasing base state aid per pupil;
affecting determination of at-risk, low enrollment, and correlation weightings; providing
state grants for education technology plans; amending K.S.A. 72-3703, 72-3710 and 72-6428
and K.S.A 1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 and repealing the
existing sections, by Committee on Federal and State Affairs.
HB 2889, An act concerning the Kansas public employees retirement system; relating to
assignment of offices; amending K.S.A. 1997 Supp. 74-4907 and repealing the existing sec-
tion, by Joint Committee on Pensions, Investments and Benefits.
HB 2890, An act concerning the Kansas police and fireman's retirement system; relating
to definition of police and fireman; amending K.S.A. 1997 Supp. 74-4952 and repealing the
existing section, by Joint Committee on Pensions, Investments and Benefits.
HB 2891, An act concerning judges of the district court; relating to selection thereof;
amending K.S.A. 20-2901 and repealing the existing section, by Representative Toplikar.
HB 2892, An act enacting the personal and family protection act; providing for licensure
to carry certain concealed weapons; prohibiting certain acts and prescribing penalties for
violations; amending K.S.A. 1997 Supp. 12-4516, 21-4201 and 21-4619 and repealing the
existing sections, by Committee on Federal and State Affairs.
COMMITTEE ASSIGNMENT CHANGES
Speaker pro tem Wagle announced the following changes in committee assignments:
Rep. Welshimer will replace Rep. Toelkes on Committee on Tourism.
Rep. Toelkes will replace Rep. Welshimer on Committee on Health and Human Services.
Rep. Ruff will replace Rep. Welshimer on Joint Committee on Administrative Rules and
Regulations.
Rep. Nichols is appointed to Joint Committee on Pensions, Investments and Benefits.
Rep. Flaharty will serve as Ranking Minority Member of this committee.
Rep. Showalter is appointed Vice-Chair of Joint Committee on Health Care Reform
Oversight.
REPORT ON ENGROSSED BILLS
HB 2512, 2607, 2637 reported correctly engrossed February 10, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, February
12, 1998.