The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 121 members present.
Rep. Lloyd was excused on verified illness.
Reps. Benlon, Phil Kline and Powell were excused on excused absence by the Speaker.
Prayer by Chaplain Washington:
Heavenly Father,
You said in Proverbs 11:14, ``Where there is no wise counsel from the leadership
the people will fall, but they are safe where there is a multitude of wise counsel.''
In Ecclesiastes 4:9,12, You said ``Two are better than one . . . and a threefold
cord is not quickly broken.'' If two are better than one and three are better than two
then having 125 in the House must be pretty good.
So Lord, help us to better each other. We must admit that none of us truly have
a corner on all truth and wisdom. Help us to listen . . . ø be honest with one
another. Help us to gain broader perspectives. Most of all bring us more and more
in harmony with Your Counsel. Since the counsel of Your Word leads to the ultimate
safety of Your people, let the laws that are made here carry the impress of obedience
to You.
Father, give us more than the strength and wisdom that comes from two or three.
Give us 125 in the House who recognize the reality of Divine accountability.
I come to You in the Name of Jesus the Christ. Amen and Amen.
PRESENTATION OF PETITIONS
The following petitions were presented and filed:
HP 2007, by Rep. E. Peterson, a petition expressing support for HB 2829 concerning a
statewide two year moratorium on confined feeding operations (over 1000 animal units) a
moratorium on mega hog farms, signed by Gary McBee and 3,434 other citizens of the state
of Kansas.
HP 2008, by Rep. Pottorff, a petition supporting HB 2033, concerning the elimination
of the sales tax on labor, overhead, and profit in remodeling, signed by William F. Townsend
and 625 other citizens of Wichita and other Kansas towns and cities.
HP 2009 , by Rep. Freeborn, a petition requesting a law designating the Square Dance
as the State Folk Dance of Kansas, signed by Vernon and Bernetha Beneda and 17 others.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2981.
Business, Commerce and Labor: HB 2982.
Committee of the Whole: HCR 5042
COMMUNICATIONS FROM STATE OFFICERS
From Young Nichols Gilstrap, Inc., Tourism Strategy for Kansas, Preliminary Legislative
Report, January 1998.
From Economics Research Associates (ERA), Feasibility Analysis for Kansas State Park
Resort Development, submitted to Kansas Department of Wildlife and Parks and Depart-
ment of Commerce and Housing.
From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Report for January, 1998.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 500, requests a conference and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 500.
Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con-
ferees on the part of the House.
CONSENT CALENDAR
Objection was made to HB 2813 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HB 2835 appearing on the Consent Calendar for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2724, An act concerning the dental practices act; relating to the practice of dental
hygiene; amending K.S.A. 65-1462 and K.S.A. 1997 Supp. 65-1423 and 65-1456 and re-
pealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 45; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Benlon, Phil Kline, Lloyd, Powell.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. Speaker: I vote NO on HB 2724. I do not believe we have helped the public with
its passage. Dentists, under this bill, can ONLY delegate to properly trained assistants the
scaling and polishing of teeth. We have inadvertently limited the ability of a dentist to
delegate x-ray and other procedures routinely delegated to assistants in some offices. Why,
if this is truly a need as expressed for rural dentists and underserved areas, are urban dentists
fighting so hard for passage? Dentists, by their very nature, will guarantee good care to the
public regardless of who in the office provides it under his/her direction.--Jim Morrison
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Shore in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Shore, Committee of the Whole report, as follows, was adopted:
Recommended that SCR 1617 be adopted.
Committee report to HB 2534 be adopted and the bill be passed as amended.
Committee report to HB 2732 be adopted and the bill be passed as amended.
Committee report to HB 2765 be adopted and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Environment recommends HB 2868; SB 476, 477 be passed and,
because the committee is of the opinion that the bills are of a noncontroversisal nature, be
placed on the consent calendar.
The Committee on Environment recommends HB 2881 be amended on page 1, in line
35, by striking ``June'' and inserting ``April''; and the bill be passed as amended.
The Committee on Federal and State Affairs recommends HB 2740 be amended on
page 1, in line 15, after ``Independence Day'' by inserting ``, except when such day is a
Sunday,''; also in line 15, by striking all after the comma; in line 16, by striking ``p.m.,''; also
in line 16, by striking ``the board of''; by striking all in line 17; in line 19, by striking all after
``(b)''; by striking all in lines 20 through 26 and inserting ``A'';
And by relettering subsections accordingly;
Also on page 1, in line 32, by striking ``5%'' and inserting ``15%''; and the bill be reported
without recommendation.
The Committee on Financial Institutions recommends HB 2860 be passed.
The Committee on Financial Institutions recommends HB 2904 be amended on page
2, in line 9, by striking ``competitive''; in line 10, preceding ``and'' by inserting ``or 75-
37,102,''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends HB 2759 be amended on page 1, by striking all of lines 12 through 17 and inserting:
``Section 1. (a) When used in this section:
(1) ``City'' means any city which has adopted an ordinance which provides for the en-
forcement of a building code outside the corporate limits of such city as authorized by K.S.A.
12-751, and amendments thereto.
(2) ``Ordinance'' means an ordinance adopted by a city which provides for the enforce-
ment of a building code outside the corporate limits of a city as authorized by K.S.A. 12-
751, and amendments thereto.
(3) ``Qualified elector'' means any registered voter required to comply with an ordi-
nance, who resides within the unincorporated area lying within three miles of the corporate
limits of a city.
(b) Within 30 days of the adoption of an ordinance, the city clerk shall certify to the
county election officer a legal description of the area outside the corporate limits of the city
governed by the provisions of such ordinance and names and addresses of any qualified
electors residing therein.
(c) Within 90 days after the effective date of this act or within 90 days after a city has
adopted an ordinance, a petition signed by at least 20% of the qualified electors protesting
the enforcement of such ordinance outside the corporate limits of the city may be submitted
to the county election officer. If a sufficient petition is filed, the county election officer shall
notify the board of county commissioners of the county in which such city is located. Unless
the governing body of the city modifies the ordinance to remove the provision from the
ordinance relating to the enforcement of such building code outside the corporate limits of
the city, the board of county commissioners shall submit the proposition of modifying the
ordinance to remove the provisions from the ordinance relating to enforcement of such
building code outside the corporate limits of the city. Such resolution shall be submitted to
the qualified electors at the next regular primary or general county election. Such election
shall be called and held in the manner provided by the general bond law. The county election
officer shall certify the results of such election to the governing body of the city. If a majority
of the qualified electors voting on the question vote in favor thereof, the governing body of
the city shall modify such ordinance to remove the provisions from the ordinance relating
to the enforcement of such building code outside the corporate limits of the city. Such
ordinance shall be adopted within 30 days following the canvass of such election. Such
ordinance shall be adopted in the manner provided by K.S.A. 12-3001, and amendments
thereto.
(d) If an election is held pursuant to subsection (c) and a majority of the qualified
electors vote in favor of removing the building code, the governing body of the city shall
not adopt any such ordinance for at least four years following the date of the election held
pursuant to subsection (c).'';
Also on page 1, in line 19, by striking ``statute book'' and inserting ``Kansas register''; and
the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends HB 2838 be amended on page 1, following line 34, by inserting:
``(c) Any not-for-profit cemetery association owning a cemetery within a cemetery dis-
trict created pursuant to this section shall convey all cemetery property of such cemetery
association to the governing body of the cemetery district. Upon the conveyance of such
cemetery property under this subsection, title to all such property shall vest in the governing
body of the cemetery district, and the permanent maintenance fund, if any, together with
any investments then outstanding, and all books, records and papers of such cemetery shall
be transferred to the treasurer of such cemetery district and shall become the property of
such district. Upon the transfer of such property and funds, the governing body of the
cemetery district shall care for and maintain such cemetery with any moneys of the cemetery
corporation including the principal of and income from the permanent maintenance fund,
if any, and, if such moneys are insufficient to properly maintain such cemetery, with funds
of the cemetery district. The principal of and income from the permanent maintenance fund
may be deposited in the appropriate fund of the cemetery district or may be invested in the
manner provided for other cemetery district money, but shall be used exclusively for care
and maintenance of such cemetery.'';
Also on page 1, in line 35, by striking ``(c)'' and inserting ``(d)''; and the bill be passed as
amended.
The Committee on Health and Human Services recommends HB 2669 be passed.
The Committee on Insurance recommends HB 2966 be amended on page 1, in line
35, before the period, by inserting ``of insurance''; in line 36, by striking ``producer'' the first
time it appears, and inserting ``agent''; also in line 36, by striking ``producer'' the second
time it appears, and inserting ``agent'';
On page 2, in line 20, by striking ``agency'' and inserting ``agent''; in line 22, by striking
``agency'' and inserting ``agent''; in line 24, before ``or'' the first time it appears, by inserting
``, investing in''; in line 31, by striking ``and''; in line 34, by striking the period and inserting
``; and''; after line 34, by inserting the following:
``(3) an agent shall not retain any interest on any money held in an interest-bearing
account without the written consent of all parties to the transaction.'';
Also on page 2, in line 35, by striking all after ``disbursed''; by striking line 36; in line 37,
by striking all before the period and inserting ``only:
(1) Pursuant to written authorization of buyer and seller;
(2) pursuant to a court order; or
(3) when a transaction is closed according to the agreement of the parties'';
Also on page 2, in line 38, by striking ``An escrow'' and inserting ``A title insurance''; and
the bill be passed as amended.
The Committee on Judiciary recommends HB 2711 be passed.
The Committee on Judiciary recommends HB 2233 be amended on page 1, in line 20,
by striking ``as determined by'' and inserting ``if''; in line 22, after the comma, by inserting
``votes to adopt such a fee''; in line 28, by striking all after ``exceed''; in line 29, by striking
all before the period and inserting ``$45''; in line 30, by striking ``1996'' and inserting ``1997'';
in line 34, by striking ``1996'' and inserting ``1997''; in line 36, by striking ``1996'' and inserting
``1997''; in line 41, by striking ``1996'' and inserting ``1997'';
On page 2, in line 1, by striking ``1996'' and inserting ``1997''; in line 20, by striking ``1996'';
in line 21, by striking ``Supp.'';
On page 3, in line 12, by striking ``1996'' and inserting ``1997'';
On page 1, in the title, in line 10, by striking ``1996'' and inserting ``1997''; in line 11, by
striking ``1996'' and inserting ``1997''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2625 be amended on page 1, in line 25,
by striking ``If'' and inserting ``Except as provided further, if''; also in line 25, by striking ``or
guardian''; in line 27, by striking all after ``(a)''; in line 28, by striking all before the period;
also in line 28, after the period, by inserting: ``If an unemancipated minor is paying restitution
as a juvenile offender pursuant to the Kansas juvenile justice code, the parents shall not be
civilly liable pursuant to this subsection.'';
On page 2, following line 29, by inserting the following:
``(i) A claim or judgment under the provisions of this section shall not constitute an
obligation or liability against any insurer or third-party payor.''; and the bill be passed as
amended.
The Committee on Judiciary recommends HB 2726 be amended on page 9, in line 3,
by striking all after ``(4)'' and inserting ``For''; in line 6, by striking all after ``age''; by striking
all in lines 7 and 8; in line 9, by striking all before ``actual'' and inserting ``or the retail dealer
who has''; in line 10, by striking ``dealer's employee'' and inserting ``individual or both''; and
the bill be passed as amended.
The Committee on Judiciary recommends HB 2744 be amended on page 1, in line 19,
by striking ``or (c)''; in line 30, after the comma, by inserting ``or violating subsection (c)'';
in line 32, by striking all after ``driver''; by striking all in lines 33 through 40 and inserting
the following: ``who violates the provision of subsection (a) and who:
(1) Commits any of the following during police pursuit: (A) Exceeds posted speed limit
by more than 20 miles per hour; (B) fails to stop for a police roadblock; (C) drives around
tire deflating devices placed by police officer; (D) engages in reckless driving as defined by
K.S.A. 8-1566, and amendments thereto; (E) is involved in any motor vehicle accident or
causes any intentional property damage; or (F) commits three or more traffic infractions;
or
(2) is attempting to elude capture for the commission of any felony, shall be guilty as
provided in subsection (b)(3).'';
On page 2, following line 2, by inserting the following:
``(e) The division of vehicles of the department of revenue shall promote public aware-
ness of the provisions of this section when persons apply for or renew such person's driver's
license.''; and the bill be passed as amended.
The Committee on Tourism recommends HB 2716 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2716,'' as follows:
``SUBSTITUTE FOR HOUSE BILL No. 2716
By Committee on Tourism
``AN ACT concerning requiring registration of certain vessels; amending K.S.A. 32-1110,
32-1111 and 32-1172 and repealing the existing sections.''; and the substitute bill be
passed.
(Sub. HB 2716 was thereupon introduced and read by title.)
The Committee on Tourism recommends HB 2899 be amended on page 3, in line 21,
by striking ``land'' and inserting ``or leased property''; and the bill be passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 76, by Representative Schwartz, congratulating Kenneth and Marian Hop-
per on 50 years of marriage;
Request No. 77, by Representative Schwartz, congratulating Fred and Lottie Griswold
on 70 years of marriage;
Request No. 78, by Representative Schwartz, congratulating Leo Lange on his 107th
birthday;
Request No. 79, by Representative Nichols, congratulating students who have achieved
academic honors and membership in the Washburn President's Honors Program for the
1997 fall semester;
Request No. 80, by Representative Gilmore, commending Steffen Siegfried Korff on
achieving Eagle Scout;
Request No. 81, by Representative McKinney, congratulating Barbara Knobel for re-
ceiving the North Central United States Charles Dean Award from the American Red Cross;
Request No. 82, by Representative Ballard, congratulating John and Virginia Conard on
50 years of marriage;
Request No. 83, by Representative Ballard, congratulating Bill and Beulah Duncan on
50 years of marriage;
Request No. 84, by Representative Dreher, congratulating Marvin and Roberta Witte-
man on 50 years of marriage;
Request No. 85, by Representative Dreher, congratulating Bill and Ollie Pearl McRey-
nolds on 50 years of marriage;
Request No. 86, by Representative Dreher, congratulating Kacy Douglas, chosen for
membership in the Washburn President's Honors Program for fall 1997;
Request No. 87, by Representative Samuelson, congratulating Moundridge High School
1997 Class 3, 2, 1A State Debate Champions;
Request No. 88, by Representative Samuelson, congratulating Moundridge High School
1997-98 Class 2A Volleyball State Champions;
Request No. 89, by Representative M. Long, congratulating Shawn Doyle for achieving
Eagle Scout;
Request No. 90, by Representative M. Long, congratulating Mark Levota for achieving
Eagle Scout;
Request No. 91, by Representative Schwartz, congratulating Avis Crawford on her 95th
birthday;
Request No. 92, by Representative Schwartz, congratulating Virgil and Rozella Ronne-
baum on 50 years of marriage;
Request No. 93, by Representative Schwartz, congratulating Glenn and Ruth Johnson
on 60 years of marriage;
Request No. 94, by Representative Phill Kline, congratulating Bill and Marion Snyder
on 50 years of marriage;
Request No. 95, by Representative Howell, commending Hope Gray for her dedicated
public service as commissioner in Fort Scott;
Request No. 96, by Representative Schwartz, congratulating Ella Peterson on her 92nd
birthday;
Request No. 97, by Representative Schwartz, congratulating Clarence Swenson on his
90th birthday;
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 and concurrent resolution were introduced and read by title:
HB 2983, An act concerning the citizens' utility ratepayer board; relating to negotiation
of contracts for professional services; concerning the composition of the negotiating com-
mittee, by Committee on Appropriations.
HB 2984, An act concerning domestic case management; amending K.S.A. 1997 Supp.
23-1001, 23-1002 and 23-1003 and repealing the existing sections, by Committee on Ap-
propriations.
HB 2985, An act concerning civil procedure; relating to reconciliation of a marriage, by
Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5043--
By Committee on Business, Commerce and Labor
A CONCURRENT RESOLUTION establishing a task force concerning the status of self-
employed subcontractors under the workers compensation act; designating its member-
ship, authority and responsibilities; and requiring a report to the 1999 Kansas Legislature
concerning the task force's findings and recommendations.
WHEREAS, Each year thousands of workers suffer injury or death due to occupational
diseases or job-related accidents; and
WHEREAS, Workers compensation acts are designed to provide insurance coverage for
such injuries and to distribute the social costs of such injuries without resort to civil litigation;
and
WHEREAS, The issue of which workers should be covered by workers compensation
has been the source of legislative deliberation world-wide since 1884 and in this state as
early as 1917; and
WHEREAS, One of the most litigated and contentious issues within the workers com-
pensation system is the question of whom shall be responsible for injuries to independent
contractors and subcontractors; and
WHEREAS, Amendments contained in 1997 House Bill No. 2011 concerning self-em-
ployed subcontractors have created a renewed source for this controversy and have raised
issues which defy legislative resolution in the limited amount of time to which the Legislature
may devote to the problem: Now, therefore
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That there be a workers compensation task force established which will study and
make recommendations to the 1999 Legislature concerning, but not limited to, the follow-
ing:
(a) A clear and concise definition of the terms ``subcontractor,'' ``independent contrac-
tor'' and ``contracting'';
(b) a determination of whether special treatment of contractors and subcontractors in
the construction trades is warranted;
(c) whether corporate officers or self-employed persons generally should be able to
exclude themselves from the workers compensation act;
(d) whether self-employed persons should be able to maintain other forms of insurance
in lieu of workers compensation;
(e) any other legislative changes which may be appropriate concerning independent
contractors relative to the workers compensation act; and
Be it further resolved: That the task force shall be composed of 16 voting members.
Five members shall be members of the House of Representatives. Three members shall be
appointed by the Speaker of the House of Representatives and two of the five members
appointed shall be appointed by the Minority Leader of the House of Representatives. Three
members shall be members of the Senate. Two members shall be appointed by the President
of the Senate and one member shall be appointed by the Minority Leader of the Senate.
The remaining eight members shall be appointed by the Legislative Coordinating Council,
as follows:
(a) One member representing the Kansas AFL-CIO;
(b) one member representing the Kansas Chamber of Commerce and Industry;
(c) one member representing the insurance department;
(d) one member representing the division of workers compensation;
(e) a self-employed subcontractor;
(f) a general contractor;
(g) one member representing the insurance industry; and
(h) one attorney, specializing in representing claimants in workers compensation mat-
ters.
The Legislative Coordinating Council shall appoint the committee chair; and
Be it further resolved: That all members of the task force shall receive reimbursement
for attending meetings of the task force as authorized by the Legislative Coordinating Coun-
cil consistent with the provisions of K.S.A. 46-1209, and amendments thereto; and
Be it further resolved: That the Legislative Research Department and the Office of the
Revisor of Statutes provide staff support as may be authorized by the Legislative Coordi-
nating Council; and
Be it further resolved: That the task force prepare and submit to the Governor and
Legislature a report and its recommendations prior to January 11, 1999.
COMMITTEE ASSIGNMENT CHANGES
Speaker Shallenburger announced that Rep. Neufeld is appointed to replace Rep. Lloyd
on Committee on Agriculture.
Also, Rep. Phill Kline is appointed to replace Rep. Lloyd on Committee on Federal and
State Affairs.
REPORT ON ENGROSSED BILLS
HB 2724 reported correctly engrossed February 19, 1998.
REPORT ON ENROLLED RESOLUTIONS
HR 6011 reported correctly enrolled and properly signed on February 20, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, February
23, 1998.