February 26, 1998


Journal of the House


THIRTY-SECOND DAY
______
Hall of the House of Representatives, Topeka, KS,
Thursday, February 26, 1998, 9:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 123 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. Krehbiel was excused on excused absence by the Speaker.

 Prayer by guest chaplain, Dr. David Hill, pastor, Southwest Baptist Church, Wichita, and
guest of Rep. Dean:

      Our Heavenly Father,

       We praise you for the gift of this day. May your blessings be upon this body as
      business is conducted for Kansas. Grant us the desire to do your will and to remem-
      ber that we are stewards.

       Help us to live with clean hands and pure hearts. Let us do justly, love mercy, and
      walk humbly with you. May the words of our mouths and the meditations of our
      hearts be acceptable in your sight, O Lord, our Rock and our Redeemer.

       We also ask for strength and comfort for the families devastated by the storms in
      various parts of the country.

       Now we give glory to our Lord and Savior Jesus Christ, who loved us and gave
      himself up for us. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was introduced and read by title:

 HB 2996, An act concerning the department of health and environment; relating to
qualifications for certain officers; creating the office of epidemiological services; amending
K.S.A. 75-5603 and repealing the existing section, by Committee on Appropriations.

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

 Appropriations: HB 2992.

 Economic Development: SB 487, 554.

 Environment: SB 483.

 Federal and State Affairs: SB 460.

 Financial Institutions: SB 470.

 Governmental Organization and Elections: SB 480.

 Health and Human Services: SB 198, 270, 434.

 Insurance: Sub. SB 424.

 Judiciary: SB 514.

 Taxation: HB 2994, 2995; SB 250.

 Transportation: HB 2993; SB 236, 488.

CONSENT CALENDAR
 No objection was made to HB 2970; SB 300 appearing on the Consent Calendar for the
first day.

 No objection was made to HB 2792, 2877; HCR 5029 appearing on the Consent Cal-
endar for the second day.

 No objection was made to HB 2799, 2831 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2799, An act concerning workers compensation; relating to optional deductible;
amending K.S.A. 1997 Supp. 44-559a and repealing the existing section, was considered on
final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2831, An act concerning workers compensation; relating to subcontracting by li-
censed motor carriers; amending K.S.A. 1997 Supp. 44-503 and repealing the existing sec-
tion, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 Sub. HB 2609, An act concerning the state board of cosmetology; persons and practices

regulated by the board; amending K.S.A. 65-1904a, 65-1904b, 65-1905, 65-1906, 65-1909,
74-2703 and 74-2704 and K.S.A. 1997 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1907,
65-1908, 65-1912 and 74-2701 and repealing the existing sections, was considered on final
action.

 On roll call, the vote was: Yeas 115; Nays 8; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, M.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Pal-
mer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.

 Nays: Alldritt, Dean, Flora, Kirk, Ray, Spangler, Tomlinson, Welshimer.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The substitute bill passed, as amended.

 H. Sub for Sub. HB 2649, An act concerning telecommunications; prescribing proce-
dures for certain changes in a consumer's primary long distance carrier or local exchange
carrier and changes or additions to a consumer's other telecommunications services; pro-
viding penalties for violations, was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Osborne, Packer, Pal-
mer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: Neufeld, O'Connor.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The substitute bill passed.

 Sub. HB 2654, An act concerning governmental ethics; relating to certain violations;
amending K.S.A. 46-215 and 46-277 and repealing the existing sections, was considered on
final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The substitute bill passed, as amended.

 HB 2678, An act relating to license plates; concerning the certain distinctive license
plates; providing for the display of model year license plates; amending K.S.A. 8-133 and 8-
172 and K.S.A. 1997 Supp. 8-135, 8-142 and 8-1,146 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin,
M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Adkins, Garner.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2685, An act concerning county clerks; relating to the powers and duties thereof;
amending K.S.A. 19-304 and 53-504 and repealing the existing sections, was considered on
final action.

 On roll call, the vote was: Yeas 110; Nays 13; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Fa-
ber, Farmer, Findley, Flaharty, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore, Glas-
scock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil
Kline, Phill Kline, Kuether, Landwehr, Lane, M. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neu-
feld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson, Schwartz, Shallenburger,
Sharp, Shore, Showalter, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.

 Nays: Correll, Crow, Dean, Feuerborn, Flora, Freeborn, Klein, Larkin, Phelps, Rein-
hardt, Sawyer, Shriver, Spangler.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 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, was considered on final action.

 On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin,
M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk, Wilson.

 Nays: Faber, Feuerborn, Wempe.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2742, An act concerning certain equipment dealerships; relating to manufacturer
agreements; amending K.S.A. 16-1204, 16-1307, 16-1309, 16-1407 and 16-1409 and re-
pealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, To-
elkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Spangler.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2782, An act regulating traffic; concerning the width of certain loads on vehicles;
providing for the issuance of a special permit; amending K.S.A. 1997 Supp. 8-1486, 8-1902
and 8-1911 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 113; Nays 10; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Gar-
ner, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Phil Kline, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Presta, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.

 Nays: Crow, Dean, Gilmore, Helgerson, Phill Kline, McKechnie, Packer, Ray, Shallen-
burger, Spangler.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2803, An act establishing the Kansas transportation trust fund; providing for certain
transfers, was considered on final action.

 On roll call, the vote was: Yeas 115; Nays 8; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett, Helgerson, Hender-
son, Henry, Holmes, Horst, Howell, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, M. Long,
P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Spangler, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Welshimer, Wempe, Wilson.

 Nays: Carmody, Glasscock, Huff, Sloan, Stone, Tanner, Wells, Wilk.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2813, An act concerning public improvements; relating to public works bonds;
amending K.S.A. 60-1111 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 110; Nays 13; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Franklin, Free-
born, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Kuether, Lane, Larkin, M. Long, P. Long, Mason, Mays,
McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Pow-
ers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger,
Shore, Showalter, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: Flower, Howell, Hutchins, Phill Kline, Landwehr, Mayans, McKechnie, Nichols,
Packer, Pottorff, Sharp, Shriver, Spangler.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2837, An act concerning boarding schools; amending K.S.A. 1997 Supp. 65-503 and
65-508 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 114; Nays 9; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Ger-
inger, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk,
Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Ma-
yans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peter-
son, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson,
Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Crow, Dean, Garner, Gregory, Howell, Klein, Nichols, Shriver, Vickrey.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2894, An act relating to the council on travel and tourism; concerning the duties
thereof; concerning the state matching grant program for tourist attractions; amending
K.S.A. 74-5032a and K.S.A. 1997 Supp. 74-9002 and repealing the existing sections; also
repealing K.S.A. 74-5090 and K.S.A. 1997 Supp. 74-5089, was considered on final action.

 On roll call, the vote was: Yeas 109; Nays 14; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Correll, Cox, Dahl, Dean, Dillon, Dreher, Empson, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gil-
bert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason,
Mayans, McClure, McCreary, McKechnie, McKinney, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Pow-
ell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallen-
burger, Shore, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Tomlin-
son, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Cook, Crow, Edmonds, Garner, Howell, Mays, Minor, Mollenkamp, Packer, Sharp,
Showalter, Spangler, Toelkes, Vickrey.

Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2899, An act concerning the department of wildlife and parks; relating to the de-
velopment of lake resorts, funding, negotiations; duties; amending K.S.A. 32-867, 32-869
and 32-873 and K.S.A. 1997 Supp. 41-719 and repealing the existing sections, was considered
on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2902, An act concerning townships; relating to the powers and duties thereof, was
considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2907, An act concerning school districts; relating to enrollment of nonresident pupils;
authorizing certain payments to certificated personnel to be made from inservice education
funds; amending K.S.A. 72-9609 and K.S.A. 1997 Supp. 72-1046a and repealing the existing
sections, was considered on final action.

 On roll call, the vote was: Yeas 108; Nays 15; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aurand, Ballard, Ballou, Beggs, Boston, Burroughs, Campbell, Carmody, Compton,
Cook, Correll, Crow, Dahl, Dean, Dillon, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Glasscock, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerick-
house, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Kuether, Landwehr, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Reardon, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger,
Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wempe,
Wilk.

 Nays: Adkins, Alldritt, Allen, Benlon, Cox, Dreher, Freeborn, Gilmore, Grant, Lane, Ray,
Reinhardt, Tomlinson, Wells, Wilson.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2925, An act concerning the Kansas river; designating certain reaches to be used for
certain purposes; relating to prosecution for certain crimes; relating to certain improvements
on the Kansas river, was considered on final action.

 On roll call, the vote was: Yeas 109; Nays 14; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Cox, Crow, Dean, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Kuether, Lane, Larkin, M. Long, Mayans, Mays, McClure,
McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor,
O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Sho-
walter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk.

 Nays: Ballou, Correll, Dahl, Feuerborn, Gregory, Howell, Landwehr, P. Long, Mason,
McKechnie, J. Peterson, Shallenburger, Vickrey, Wilson.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2933, An act concerning the neighborhood improvement and youth employment act;
amending K.S.A. 1997 Supp. 44-1402, 44-1405 and 44-1408 and repealing the existing sec-
tions, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Neufeld in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Neufeld, Committee of the Whole report, as follows, was adopted:

 Recommended that HB 2835, 2867 be passed.

 HCR 5043 be adopted.

 Committee report to HB 2966 be adopted and the bill be passed as amended.

 Committee report to SB 410 be adopted; also, on motion of Rep. Powell be amended
on page 1, in line 39, by striking ``written findings'' and inserting ``specific written findings
of fact and conclusions of law'';

    On page 2, in line 12, following the period, by inserting ``Upon the request of any person
subpoenaed to appear and give testimony or to produce books, papers or documents, the
commission shall provide a copy of the written findings of facts and conclusions of laws
relating to the alleged violation committed by such person.'';

    On page 3, in line 20, by striking ``written findings'' and inserting ``specific written findings
of fact and conclusions of law''; in line 36, following the period, by inserting ``Upon the
request of any person subpoenaed to appear and give testimony or to produce books, papers
or documents, the commission shall provide a copy of the written findings of facts and
conclusions of laws relating to the alleged violation committed by such person.'';

 Also, on motion of Rep. Campbell SB 410 be amended on page 4, by striking all in line
39 and inserting:

    ``Sec. 4. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as follows: 25-4152. (a)
The commission shall send a notice by registered or certified mail to any person failing to
file any report or statement required by K.S.A. 25-4144, 25-4145 or 25-4148, and amend-
ments thereto, and to the candidate appointing any treasurer failing to file any such report,
within the time period prescribed therefor. The notice shall state that the required report
or statement has not been filed with either the office of secretary of state or county election
officer or both. The person failing to file any report or statement, and the candidate ap-
pointing any such person, shall be responsible for the filing of such report or statement.
The notice shall also shall state that such person shall have 15 days from the date such
notice is deposited in the mail to comply with the registration and reporting requirements
before a civil penalty shall be imposed for each day that the required documents remain
unfiled. If such person fails to comply within the prescribed period, such person shall pay
to the state a civil penalty of $10 per day for each day that such report or statement remains
unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for
good cause, payment of any civil penalty imposed by this section.

    (b) Civil penalties provided for by this section shall be paid to the state treasurer, who
shall deposit the same in the state treasury to the credit of the Kansas commission on
governmental standards and conduct fee fund.

    (c) If a person fails to pay a civil penalty provided for by this section, it shall be the duty
of the attorney general or county or district attorney commission to bring an action to recover
such civil penalty in the district court of the county in which such person resides.

    Sec. 5. K.S.A. 25-4180 is hereby amended to read as follows: 25-4180. (a) Every person
who engages in any activity promoting or opposing the adoption or repeal of any provision
of the Kansas constitution and who accepts moneys or property for the purpose of engaging
in such activity shall make an annual report to the secretary of state of individual contri-
butions or contributions in kind in an aggregate amount or value in excess of $50 received
during the preceding calendar year for such purposes. The report shall show the name and
address of each contributor for the activity and the amount or value of the individual con-
tribution made, together with a total value of all contributions received, and shall also shall
account for expenditures in an aggregate amount or value in excess of $50 from such con-
tributions by showing the amount or value expended to each payee and the purpose of each
such expenditure, together with a total value of all expenditures made. The annual report
shall be filed on or before February 15 of each year for the preceding calendar year.

    In addition to the annual report, a person engaging in an activity promoting the adoption
or repeal of a provision of the Kansas constitution who accepts any contributed moneys for
such activity shall make a preliminary report to the secretary of state 15 days prior to each
election at which a proposed constitutional amendment is submitted. Such report shall show
the name and address of each individual contributor, together with the amount contributed
or contributed in kind in an aggregate amount or value in excess of $50, and the expenditures
in an aggregate amount or value in excess of $50 from such contributions by showing the
amount paid to each payee and the purpose of the expenditure. A supplemental report in
the same format as the preliminary report shall be filed with the secretary of state within
15 days after any election on a constitutional proposition where contributed funds are re-
ceived and expended in opposing or promoting such proposition.

    Any person who engages in any activity promoting or opposing the adoption or repeal of
any provision of the Kansas constitution shall be considered engaged in such activity upon
the date the concurrent resolution passes the Kansas house of representatives and senate in
its final form. Upon such date, if the person has funds in the constitutional amendment
campaign treasury, such person shall be required to report such funds as provided by this
section.

    The word ``person'' as used herein means an individual, corporation, partnership, asso-
ciation, organization or other legal entity.

    (b) (1) The commission shall send a notice by registered or certified mail to any person
failing to file any report required by subsection (a) within the time period prescribed there-
for. The notice shall state that the required report has not been filed with the office of the
secretary of state. The notice shall also shall state that such person shall have 15 days from
the date such notice is deposited in the mail to comply with the reporting requirements
before a civil penalty shall be imposed for each day that the required documents remain
unfiled. If such person fails to comply within the prescribed period, such person shall pay
to the state a civil penalty of $10 per day for each day that such report remains unfiled,
except that no such civil penalty shall exceed $300. The commission may waive, for good
cause, payment of any civil penalty imposed by this section.

    (2) Civil penalties provided for by this section shall be paid to the state treasurer, who
shall deposit the same in the state treasury to the credit of the Kansas commission on
governmental standards and conduct fee fund.

    (3) If a person fails to pay a civil penalty provided for by this section, it shall be the
duty of the attorney general or county or district attorney commission to bring an action to
recover such civil penalty in the district court of the county in which such person resides.

    (c) The intentional failure to file any report required by subsection (a) is a class A
misdemeanor.

    (d) This section shall be part of and supplemental to the campaign finance act.

    Sec. 6. K.S.A. 1997 Supp. 25-4186 is hereby amended to read as follows: 25-4186. (a)
Not later than 10 days after receiving any contribution or making any expenditure for a
gubernatorial inauguration, the governor-elect shall appoint an inaugural treasurer. The
name and address of such treasurer shall be reported to the secretary of state by the gov-
ernor-elect not later than 10 days after the appointment.

    (b) No person shall make any expenditure or make or receive any contribution or re-
ceipt, in kind or otherwise, for a gubernatorial inauguration except by or through the in-
augural treasurer.

    (c) The inaugural treasurer shall keep detailed accounts of all contributions and other
receipts received, in kind or otherwise, and all expenditures made for a gubernatorial in-
auguration. Accounts of the treasurer may be inspected under conditions determined by
the commission and shall be preserved for a period to be designated by the commission.
Every person who receives a contribution or other receipt, in kind or otherwise, for an
inaugural treasurer more than five days before the ending date of any period for which a
report is required under this section shall, on demand of the treasurer, or in any event on
or before the ending date of the reporting period, shall remit the same and render to the
treasurer an account thereof, including the name and address of the person, if known,
making the contribution or other receipt and the date received. No contribution or other
receipt received by the inaugural treasurer shall be commingled with personal funds of the
governor-elect or inaugural treasurer.

    (d) The inaugural treasurer shall file with the secretary of state a report on March 10
and July 10 following the inauguration. The report filed on March 10 shall be for the period
ending on February 28 and the report filed on July 10 shall be for the period beginning on
March 1 and ending on June 30. Each report shall contain the information required to be
stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and amendments thereto, and
a declaration as to the correctness of the report in the form prescribed by K.S.A. 25-4151,
and amendments thereto. The July 10 report shall be a termination report which shall
include full information as to the disposition of residual funds. If a report is sent by certified
mail on or before the day it is due, the mailing shall constitute receipt by the secretary of
state.

    (e) The aggregate amount contributed, in kind or otherwise, by any person for a gu-
bernatorial inauguration shall not exceed $2,000. No person shall make a contribution in
the name of another person, and no person shall knowingly shall accept a contribution made
by one person in the name of another. No person shall give or accept any contribution in
excess of $10 unless the name and address of the contributor is made known to the individual
receiving the contribution. The aggregate of contributions for which the name and address
of the contributor is not known shall not exceed 50% of the amount one person may con-
tribute.

    (f) No person shall copy any name of a contributor from any report filed under this
section and use such name for any commercial purpose, and no person shall use any name
for a commercial purpose with knowledge that such name was obtained solely by copying
information relating to contributions contained in any report filed under this section.

    (g) In addition to other reports required by this section, the inaugural treasurer shall
report the amount and nature of debts and obligations owed for the gubernatorial inaugu-
ration, at times prescribed by the commission, continuing until such debts and obligations
are fully paid or discharged.

    (h) No moneys received by any inaugural treasurer shall be used or be made available
for the personal use of the governor-elect or governor and no such moneys shall be used
by such governor-elect or governor except for legitimate gubernatorial inauguration ex-
penses.

    For the purpose of this subsection, expenditures for ``personal use'' shall include expend-
itures to defray normal living expenses and expenditures for personal benefit having no
direct connection with or effect upon the inauguration.

    (i) Before the filing of a termination report in accordance with this section, all residual
funds not otherwise obligated for the payment of expenses incurred for the gubernatorial
inauguration shall be remitted to the state treasurer who shall deposit the entire amount in
the state treasury and credit:

    (1) To the inaugural expense fund created by K.S.A. 1997 Supp. 25-4187, and amend-
ments thereto: (A) An amount equal to the amount certified to the director of accounts and
reports by the adjutant general as the amount expended by the adjutant general for expenses
incurred in connection with the gubernatorial inauguration; or (B) if the amount of residual
funds is less than the amount certified, the entire amount of the deposit; and

    (2) to the Kansas commission on governmental standards and conduct fee fund created
by K.S.A. 25-4119e, and amendments thereto, any remaining balance.

    (j) (1) The commission shall send a notice by registered or certified mail to any inau-
gural treasurer who fails to file any report required by this section within the time period
prescribed therefor. The notice shall state that the required report has not been filed with
the office of the secretary of state. The notice shall also shall state that the treasurer shall
have 15 days from the date such notice is deposited in the mail to comply with the reporting
requirements before a civil penalty shall be imposed for each day that the required docu-
ments remain unfiled. If the treasurer fails to comply within the prescribed period, the
treasurer shall pay to the state a civil penalty of $10 per day for each day that the report
remains unfiled, except that no such civil penalty shall exceed $300. The commission may
waive, for good cause, payment of any civil penalty imposed by this subsection.

    (2) Civil penalties provided for by this subsection shall be paid to the state treasurer,
who shall deposit the entire amount in the state treasury and credit it to the Kansas com-
mission on governmental standards and conduct fee fund.

    (3) If a person fails to pay a civil penalty provided for by this section, it shall be the
duty of the attorney general commission to bring an action to recover such civil penalty in
the district court of Shawnee county.

    (k) Any violation of subsection (e), (f) or (h) or any intentional failure to file any report
required by this section is a class A misdemeanor.

    (l) Nothing in this section shall be construed to apply to expenditures of state moneys
related to any inaugural activity.

    (m) This section shall be part of and supplemental to the campaign finance act.

    Sec. 7. K.S.A. 46-280 is hereby amended to read as follows: 46-280. (a) The commission
shall send a notice by registered or certified mail to any person failing to register or to file
any report or statement as required by K.S.A. 46-247, 46-265 or 46-268, and amendments
thereto, within the time period prescribed therefor. The notice shall state that the required
registration, report or statement had not been filed with the office of secretary of state. The
notice shall also shall state that such person shall have five days from the date of receipt of
such notice to comply with the registration and reporting requirements before a civil penalty
shall be imposed for each day that the required documents remain unfiled. If such person
fails to comply within such period, such person shall pay to the state a civil penalty of $10
per day for each day that such person remains unregistered or that such report or statement
remains unfiled, except that no such civil penalty shall exceed $300. The commission may
waive, for good cause, payment of any civil penalty imposed hereunder.

    (b) Whenever the commission shall determine that any report filed by a lobbyist as
required by K.S.A. 46-269, and amendments thereto, is incorrect, incomplete or fails to
provide the information required by such section, the commission shall notify such lobbyist
by registered or certified mail, specifying the deficiency. Such notice shall state that the
lobbyist shall have 30 days from the date of the receipt of such notice to file an amended
report correcting such deficiency before a civil penalty will be imposed and the registration
of such lobbyist revoked and the badge be required to be returned to the office of the
secretary of state. A copy of such notice shall be sent to the office of the secretary of state.
If such lobbyist fails to file an amended report within the time specified, such lobbyist shall
pay to the commission a civil penalty of $10 per day for each day that such person fails to
file such report except that no such civil penalty shall exceed $300. On the 31st day following
the receipt of such notice the registration of any lobbyist failing to file such amended report
shall be revoked.

    (c) Civil penalties provided for by this section shall be paid to the state treasurer, who
shall deposit the same in the state treasury to the credit of the Kansas commission on
governmental standards and conduct fee fund.

    (d) (1) Except as provided in subsection (2), if a person fails to pay a civil penalty
provided for by this section, it shall be the duty of the attorney general or county or district
attorney commission to bring an action to recover such civil penalty in the district court of
the county in which such person resides.

    (2) If a person required to file under subsection (f) of K.S.A. 46-247, and amendments
thereto, fails to pay a civil penalty provided for by this section, it shall be the duty of the
attorney general commission to bring an action to recover such civil penalty in the district
court of Shawnee County, Kansas.

    Sec. 8. K.S.A. 25-4158, 25-4180, 46-260 and 46-280 and K.S.A. 1997 Supp. 25-4152
and 25-4186 are hereby repealed.'';

    By renumbering sections accordingly;

    In the title, in line 16, by striking ``and 46-260'' and inserting ``, 25-4180, 46-260 and
46-280 and K.S.A. 1997 Supp. 25-4152 and 25-4186''; and SB 410 be passed as amended.

 Committee report to HB 2703 be adopted; also, on motion of Rep. Campbell be amended
on page 1, following line 15, by inserting the following:

    ``Section 1. K.S.A. 79-32,117 is hereby amended to read as follows: 79-32,117. (a) The
Kansas adjusted gross income of an individual means such individual's federal adjusted gross
income for the taxable year, with the modifications specified in this section.

    (b) There shall be added to federal adjusted gross income:

    (i) Interest income less any related expenses directly incurred in the purchase of state
or political subdivision obligations, to the extent that the same is not included in federal
adjusted gross income, on obligations of any state or political subdivision thereof, but to the
extent that interest income on obligations of this state or a political subdivision thereof issued
prior to January 1, 1988, is specifically exempt from income tax under the laws of this state
authorizing the issuance of such obligations, it shall be excluded from computation of Kansas
adjusted gross income whether or not included in federal adjusted gross income. Interest
income on obligations of this state or a political subdivision thereof issued after December
31, 1987, shall be excluded from computation of Kansas adjusted gross income whether or
not included in federal adjusted gross income.

    (ii) Taxes on or measured by income or fees or payments in lieu of income taxes imposed
by this state or any other taxing jurisdiction to the extent deductible in determining federal
adjusted gross income and not credited against federal income tax. This paragraph shall not
apply to taxes imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amendments
thereto, for privilege tax year 1995, and all such years thereafter.

    (iii) The federal net operating loss deduction.

    (iv) Federal income tax refunds received by the taxpayer if the deduction of the taxes
being refunded resulted in a tax benefit for Kansas income tax purposes during a prior
taxable year. Such refunds shall be included in income in the year actually received regard-
less of the method of accounting used by the taxpayer. For purposes hereof, a tax benefit
shall be deemed to have resulted if the amount of the tax had been deducted in determining
income subject to a Kansas income tax for a prior year regardless of the rate of taxation
applied in such prior year to the Kansas taxable income, but only that portion of the refund
shall be included as bears the same proportion to the total refund received as the federal
taxes deducted in the year to which such refund is attributable bears to the total federal
income taxes paid for such year. For purposes of the foregoing sentence, federal taxes shall
be considered to have been deducted only to the extent such deduction does not reduce
Kansas taxable income below zero.

    (v) The amount of any depreciation deduction or business expense deduction claimed
on the taxpayer's federal income tax return for any capital expenditure in making any build-
ing or facility accessible to the handicapped, for which expenditure the taxpayer claimed
the credit allowed by K.S.A. 79-32,177, and amendments thereto.

    (vi) Any amount of designated employee contributions picked up by an employer pur-
suant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965, and amendments to such sections.

    (vii) The amount of any charitable contribution made to the extent the same is claimed
as the basis for the credit allowed pursuant to K.S.A. 79-32,196, and amendments thereto.

    (c) There shall be subtracted from federal adjusted gross income:

    (i) Interest or dividend income on obligations or securities of any authority, commission
or instrumentality of the United States and its possessions less any related expenses directly
incurred in the purchase of such obligations or securities, to the extent included in federal
adjusted gross income but exempt from state income taxes under the laws of the United
States.

    (ii) Any amounts received which are included in federal adjusted gross income but which
are specifically exempt from Kansas income taxation under the laws of the state of Kansas.

    (iii) The portion of any gain or loss from the sale or other disposition of property having
a higher adjusted basis for Kansas income tax purposes than for federal income tax purposes
on the date such property was sold or disposed of in a transaction in which gain or loss was
recognized for purposes of federal income tax that does not exceed such difference in basis,
but if a gain is considered a long-term capital gain for federal income tax purposes, the
modification shall be limited to that portion of such gain which is included in federal adjusted
gross income.

    (iv) The amount necessary to prevent the taxation under this act of any annuity or other
amount of income or gain which was properly included in income or gain and was taxed
under the laws of this state for a taxable year prior to the effective date of this act, as
amended, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired
the right to receive the income or gain, or to a trust or estate from which the taxpayer
received the income or gain.

    (v) The amount of any refund or credit for overpayment of taxes on or measured by
income or fees or payments in lieu of income taxes imposed by this state, or any taxing
jurisdiction, to the extent included in gross income for federal income tax purposes.

    (vi) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the
extent that the same are included in federal adjusted gross income.

    (vii) Amounts received as annuities under the federal civil service retirement system
from the civil service retirement and disability fund and other amounts received as retire-
ment benefits in whatever form which were earned for being employed by the federal
government or for service in the armed forces of the United States.

    (viii) Amounts received by retired railroad employees as a supplemental annuity under
the provisions of 45 U.S.C. 228b (a) and 228c (a)(1) et seq.

    (ix) Amounts received by retired employees of a city and by retired employees of any
board of such city as retirement allowances pursuant to K.S.A. 13-14,106, and amendments
thereto, or pursuant to any charter ordinance exempting a city from the provisions of K.S.A.
13-14,106, and amendments thereto.

    (x) For taxable years beginning after December 31, 1976, the amount of the federal
tentative jobs tax credit disallowance under the provisions of 26 U.S.C. 280 C. For taxable
years ending after December 31, 1978, the amount of the targeted jobs tax credit and work
incentive credit disallowances under 26 U.S.C. 280 C.

    (xi) For taxable years beginning after December 31, 1986, dividend income on stock
issued by Kansas Venture Capital, Inc.

    (xii) For taxable years beginning after December 31, 1989, amounts received by retired
employees of a board of public utilities as pension and retirement benefits pursuant to K.S.A.
13-1246, 13-1246a and 13-1249 and amendments thereto.

    (xiii) For taxable years beginning after December 31, 1993, the amount of income
earned on contributions deposited to an individual development account under K.S.A. 79-
32,117h, and amendments thereto.

    (xiv) For all taxable years commencing after December 31, 1996, that portion of any
income of a bank organized under the laws of this state or any other state, a national banking
association organized under the laws of the United States, an association organized under
the savings and loan code of this state or any other state, or a federal savings association
organized under the laws of the United States, for which an election as an S corporation
under subchapter S of the federal internal revenue code is in effect, which accrues to the
taxpayer who is a stockholder of such corporation and which is not distributed to the stock-
holders as dividends of the corporation.

    (xv) For all taxable years commencing after December 31, 1997, the amount, not to
exceed $2,000, of contributions to an education savings account pursuant to section 3.

    (d) There shall be added to or subtracted from federal adjusted gross income the tax-
payer's share, as beneficiary of an estate or trust, of the Kansas fiduciary adjustment deter-
mined under K.S.A. 79-32,135, and amendments thereto.

    (e) The amount of modifications required to be made under this section by a partner
which relates to items of income, gain, loss, deduction or credit of a partnership shall be
determined under K.S.A. 79-32,131, and amendments thereto, to the extent that such items
affect federal adjusted gross income of the partner.

    Sec. 2. K.S.A. 79-32,117h is hereby amended to read as follows: 79-32,117h. (a) This
section may be cited as the individual development account act.

    (b) For the purposes of this section:

    (1) ``Account holder'' means the individual on whose behalf the individual development
account is established.

    (2) ``Dependent child'' means any person under the age of 21 years or any person who
is legally entitled or subject to a court order for the provision of proper and necessary
subsistence and education, and who is not emancipated, married or a member of the armed
forces of the United States.

    (3) ``Individual development account'' means a custodial account established or organ-
ized to pay for K-12 education expenses of the account holder.

    (4) ``Custodian'' means a chartered state bank, credit union or trust company authorized
to act as a fiduciary, a national banking association, credit union or savings and loan asso-
ciation authorized to act as a fiduciary, or an insurance company and shall include any other
qualified financial custodian as defined by rules and regulations adopted by the secretary of
revenue.

    (c) (1) For taxable years beginning after December 31, 1993, a resident of this state
shall be allowed to deposit contributions to an individual development account. Except as
provided in subsection (c)(8), the amount of deposit for the first taxable year subsequent to
the effective date of this act shall not exceed:

    (A) $2,000 for the account holder; or

    (B) $2,000 for the account holder and $1,000 for each dependent child of the account
holder.

    (2) The maximum allowable amount of deposit for subsequent years shall be increased
annually by a percentage equal to the previous year's increase in the consumer price index
as published annually as soon after December 31 each year as possible by the secretary of
state in the Kansas register. As used in this paragraph (2), ``consumer price index'' means
the twelve-month average of the consumer price index for all urban consumers United States
city average which is published by the United States department of labor.

    (3) Income earned on an individual development account shall be exempt from state
income taxation under the Kansas income tax act.

    (4) Upon agreement between an employer and employee, an employer may contribute
to the employee's individual development account, subject to the restrictions in subsection
(6)(A).

    (5) The individual development account shall be established as a custodial account and
be placed with a custodian.

    (6) Individual development account funds may be withdrawn by the account holder at
any time for any purpose, subject to the following restrictions and penalties:

    (A) There shall be a distribution penalty for withdrawal of individual development ac-
count funds by the account holder; such penalty shall be 25% of the amount of interest
earned as of the date of withdrawal on the account and shall be remitted by the custodian
to the state and disposed of in the same manner as other penalties imposed under the Kansas
income tax act; and, upon such withdrawal, the interest earned during the tax year in which
withdrawal occurs shall be subject to state income taxation; and

    (B) withdrawals shall be permitted without penalty for the purposes for which the in-
dividual development account was created.

    (7) Upon the death of the account holder, the account principal, as well as any interest
accumulated thereon, shall be distributed to the decedent's estate and taxed as part of the
estate.

    (8) There shall be no limit on the amount of earned income of a dependent child, who
is a recipient of aid to families with dependent children, deposited in an individual devel-
opment account of such dependent child that was created or organized to pay for educational
expenses of such dependent child.

    New Sec. 3. (a) This section may be cited as the education savings account act.

    (b) For the purposes of this section:

    (1) ``Account holder'' means the individual on whose behalf the education savings ac-
count is established.

    (2) ``Dependent child'' means any person under the age of 21 years or any person who
is legally entitled or subject to a court order for the provision of proper and necessary
subsistence and education, and who is not emancipated, married or a member of the armed
forces of the United States.

    (3) ``Education savings account'' means a custodial account established or organized to
pay for post secondary education expenses of the account holder.

    (4) ``Custodian'' means a chartered state bank, credit union or trust company authorized
to act as a fiduciary, a national banking association, credit union or savings and loan asso-
ciation authorized to act as a fiduciary, or an insurance company and shall include any other
qualified financial custodian as defined by rules and regulations adopted by the secretary of
revenue.

    (c) For taxable years beginning after December 31, 1997, a resident of this state shall
be allowed to deposit contributions to an education savings account. Except as provided in
subsection (c)(8), the amount of deposit for the first taxable year subsequent to the effective
date of this act shall not exceed:

    (1) $2,000 for the account holder; or

    (2) $2,000 for the account holder and $1,000 for each dependent child of the account
holder.

    (3) Income earned on an education savings account shall be exempt from state income
taxation under the Kansas income tax act.

    (4) Upon agreement between an employer and employee, an employer may contribute
to the employee's education savings account, subject to the restrictions in subsection (6)(A).

    (5) The education savings account shall be established as a custodial account and be
placed with a custodian.

    (6) Education savings account funds may be withdrawn by the account holder at any
time for any purpose, subject to the following restrictions and penalties:

    (A) There shall be a distribution penalty for withdrawal of education savings account
funds by the account holder; such penalty shall be 25% of the amount of interest earned as
of the date of withdrawal on the account and shall be remitted by the custodian to the state
and disposed of in the same manner as other penalties imposed under the Kansas income
tax act; and, upon such withdrawal, the interest earned during the tax year in which with-
drawal occurs shall be subject to state income taxation; and

    (B) withdrawals shall be permitted without penalty for the purposes for which the ed-
ucation savings account was created.

    (7) Upon the death of the account holder, the account principal, as well as any interest
accumulated thereon, shall be distributed to the decedent's estate and taxed as part of the
estate.

    (8) There shall be no limit on the amount of earned income of a dependent child, who
is a recipient of aid to families with dependent children, deposited in an education savings
account of such dependent child that was created or organized to pay for educational ex-
penses of such dependent child.'';

    Also on page 1, by striking all of lines 16 through 43;

    By striking all of pages 2 through 6;

    On page 7, by striking all of lines 1 through 38 and by inserting the following:

    ``Sec. 4. K.S.A. 79-32,117 and 79-32,117h are hereby repealed.'';

    Also on page 7, in line 39, by striking ``6.'' and inserting ``5.'';

    In the title, in line 11, by striking all preceding ``; amending'' and inserting ``to educational
savings accounts''; by striking all in line 12; in line 13, preceding ``and'' by inserting ``79-
32,117 and 79-32,117h''; and HB 2703 be passed as amended.

 Committee report to HB 2591 be adopted; also, on motion of Rep. Lane be amended
on page 9, in line 33, by striking ``statute book'' and inserting ``Kansas register'';

 Also, on motion of Rep. Adkins to amend HB 2591, the motion did not prevail.

 Also, on motion of Rep. Packer HB 2591 be amended on page 9, after line 29, by inserting
a section as follows:

    ``Sec. 4. K.S.A. 44-559 is hereby amended to read as follows: 44-559. (a) Every policy
of insurance against liability under this act shall be in accordance with the provisions of this
act and shall be in a form approved by the commissioner of insurance. Such policy shall
contain an agreement that the insurer accepts all of the provisions of this act, that the same
may be enforced by any person entitled to any rights under this act as well as by the
employer, that the insurer shall be a party to all agreements or proceedings under this act,
and his appearance may be entered therein and jurisdiction over his person may be obtained
as in this act provided, and such covenants shall be enforceable notwithstanding any default
of the employer.

    (b) The commissioner of insurance shall provide for an experience rating plan for all
policies of insurance against liability under the workers compensation act, for all premium
rates and without regard to amount of premium, which shall include premium discounts for
any employer which has an established safety plan or establishes a safety plan, or in cases
where employees are represented by a labor organization, a joint safety plan in which the
employer and employees reach mutual agreement on proper safety practices.'';

    By renumbering the existing sections;

    Also on page 9, in line 30, after ``K.S.A.'', by inserting ``44-559 and K.S.A.'';

    In the title, in line 11, after ``K.S.A.'', by inserting ``44-559 and K.S.A.'';

 Also, on motion of Rep. O'Neal to amend HB 2591, Rep. O'Neal requested the question
be divided. Rep. Howell challenged the ruling of the chair that the question was divisible.
Rep. Howell subsequently withdrew his challenge and the question was divided. Part A of
the motion of Rep. O'Neal did not prevail. Part B of the motion did not prevail. Part C of
the motion did not prevail. Part D of the motion did not prevail, and the bill be passed as
amended.

 Committee report to HB 2854 be adopted and the bill be passed as amended.

 Committee report to HB 2789 be adopted and the bill be passed as amended.

 Committee report to HB 2367 be adopted; also, on motion of Rep. Garner to rerefer
the bill to Committee on Judiciary, the motion prevailed.

 Committee report to HB 2147 be adopted; also, on motion of Rep. Reardon to refer the
bill to Committee on Federal and State Affairs, the motion prevailed.

MESSAGE FROM THE SENATE
 Announcing passage of SB 129, 418, 419, 421; Sub. SB 437; SB 439, 456, 504, 518,
552, 561, 562, 607, 636.

 Also, announcing passage of HB 2613.

 Also, announcing passage of HB 2289, as amended.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bills were thereupon introduced and read by title:

 SB 129, 418, 419, 421; Sub. SB 437; SB 439, 456, 504, 518, 552, 561, 562, 607,
636.

 On motion of Rep. Jennison, the House recessed until 4:00 p.m.









February 26, 1998


______
Afternoon Session
 The House met pursuant to recess with Speaker Shallenburger in the chair.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Adkins in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Adkins, Committee of the Whole report, as follows, was adopted:

 Recommended that HB 2868, 2745 be passed.

 Committee report recommending a substitute bill to Sub. HB 2662 be adopted; also, on
motion of Rep. Helgerson to amend, the motion did not prevail. Also, on further motion of
Rep. Helgerson to amend, the motion did not prevail. Also, on further motion of Rep.
Helgerson, the motion did not prevail, and Sub. HB 2662 be passed.

 Committee report to HB 2816 be adopted; also, on motion of Rep. Presta be amended
in the title, on page 1, in line 12, by striking ``23-602b'' and inserting ``23-602''; in line 13,
by striking ``20-3026'' and inserting ``20-302b'';

 Also, on motion of Rep. Garner to amend HB 2816, the motion did not prevail.

 Also, on motion of Rep. Ruff to amend HB 2816, the motion did not prevail. Also, on
further motion of Rep. Ruff to amend, the motion did not prevail.

 Also, on motion to recommend HB 2816 favorably for passage, the motion did not prevail.

 Committee report to HB 2692 be adopted; also, on motion of Rep. Correll to strike the
enacting clause, roll call was in order pursuant to House Rule 1902.

 On roll call, the vote was: Yeas 56; Nays 65; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Alldritt, Allen, Burroughs, Campbell, Carmody, Correll, Cox, Empson, Faber,
Feuerborn, Findley, Flaharty, Flower, Freeborn, Garner, Gilbert, Glasscock, Haley, Hen-
derson, Henry, Huff, Hutchins, Johnson, Kirk, Klein, Kuether, Larkin, M. Long, Mason,
McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Neufeld, Nichols, Os-
borne, Pauls, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Samuelson, Shore, Showalter,
Sloan, Storm, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe, Wilk.

 Nays: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Compton, Cook, Crow,
Dahl, Dean, Dillon, Dreher, Edmonds, Farmer, Flora, Franklin, Geringer, Gilmore, Grant,
Gregory, Hayzlett, Helgerson, Holmes, Horst, Howell, Humerickhouse, Jennison, Kejr, Phil
Kline, Phill Kline, Landwehr, Lane, P. Long, Mayans, Mays, McKechnie, Myers, O'Connor,
O'Neal, Packer, Palmer, J. Peterson, Powell, Powers, Presta, Ray, Sawyer, Schwartz, Shal-
lenburger, Sharp, Shriver, Shultz, Spangler, Stone, Swenson, Tanner, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Wilson.

 Present but not voting: None.

 Absent or not voting: Johnston, Krehbiel, Lloyd, Pottorff.

 The motion of Rep. Correll did not prevail and discussion resumed on HB 2692.

 Also, on motion of Rep. Empson to amend HB 2692, Rep. Carmody requested the
question be divided. The question was divided. Roll call was demanded on Part A of the
motion of Rep. Empson to amend on page 10, in line 37, by striking ``20%'' and inserting
``50%'';

 On roll call, the vote was: Yeas 59; Nays 62; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Alldritt, Allen, Ballard, Beggs, Burroughs, Campbell, Carmody, Correll, Cox, Crow,
Dean, Empson, Faber, Findley, Flaharty, Flower, Freeborn, Geringer, Glasscock, Grant,
Haley, Huff, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Kuether, Larkin, M.
Long, McClure, McCreary, McKechnie, Morrison, Neufeld, O'Connor, O'Neal, Osborne,
Pauls, E. Peterson, J. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sharp,
Showalter, Shultz, Sloan, Storm, Swenson, Tanner, Toelkes, Wells, Wempe, Wilk.

 Nays: Adkins, Aurand, Ballou, Benlon, Boston, Compton, Cook, Dahl, Dillon, Dreher,
Edmonds, Farmer, Feuerborn, Flora, Franklin, Gilbert, Gilmore, Gregory, Hayzlett, Hel-
gerson, Henderson, Henry, Holmes, Horst, Howell, Humerickhouse, Jennison, Kejr, Phill
Kline, Landwehr, Lane, P. Long, Mason, Mayans, Mays, McKinney, Minor, Mollenkamp,
Myers, Nichols, Packer, Palmer, Powell, Powers, Presta, Sawyer, Schwartz, Shallenburger,
Shore, Shriver, Spangler, Stone, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Welshimer, Wilson.

 Present but not voting: None.

 Absent or not voting: Garner, Krehbiel, Lloyd, Pottorff.

 Part A of the motion of Rep. Empson did not prevail. Also, Part B of the motion did not

prevail.

 Also, on motion of Rep. Wilk HB 2692 be amended on page 11, in line 1, by striking
``50,000'' and inserting ``200,000'';

 Also, on motion of Rep. Kirk HB 2692 be amended on page 11, in line 1, before the
period, by inserting ``, however, such exception shall only apply if both the principal place
of business of the real estate company and the affiliated title company are located in a
qualifying county'';

 Also, roll call was demanded on motion to recommend HB 2692 favorably for passage.

 On roll call, the vote was: Yeas 89; Nays 33; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Compton,
Cook, Cox, Crow, Dean, Dillon, Dreher, Edmonds, Empson, Farmer, Findley, Flora,
Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Greg-
ory, Haley, Helgerson, Henderson, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jennison, Johnson, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane,
M. Long, P. Long, Mason, Mayans, Mays, McKechnie, Myers, Neufeld, Nichols, O'Connor,
O'Neal, Osborne, Packer, Palmer, J. Peterson, Powell, Powers, Presta, Ray, Reardon, Ruff,
Samuelson, Schwartz, Shallenburger, Sharp, Shriver, Shultz, Sloan, Spangler, Stone, Swen-
son, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Wells, Wilk, Wilson.

 Nays: Alldritt, Allen, Campbell, Carmody, Correll, Dahl, Faber, Feuerborn, Flaharty,
Hayzlett, Henry, Johnston, Larkin, McClure, McCreary, McKinney, Minor, Mollenkamp,
Morrison, Pauls, E. Peterson, Phelps, Pottorff, Reinhardt, Shore, Showalter, Storm, Tanner,
Thimesch, Weber, Weiland, Welshimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd, Sawyer.

 The motion prevailed and HB 2692 be passed as amended.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HB 2591; HCR
5043; HB 2966; SB 410; Sub. HB 2662; HB 2703, 2835, 2867, 2854, 2789, 2868,
2745, 2692 were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2591, An act concerning workers compensation; relating to the coverage of self-
employed contractors; amending K.S.A. 44-559 and K.S.A. 1997 Supp. 44-505, 44-508 and
44-532 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 107; Nays 16; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Alldritt, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody,
Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Fa-
ber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk,
Klein, Phill Kline, Kuether, Landwehr, Lane, Larkin, M. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nich-
ols, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Adkins, Allen, Ballou, Gregory, Humerickhouse, Phil Kline, P. Long, Neufeld,
O'Neal, Powell, Powers, Presta, Swenson, Vining, Wagle, Weber.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HCR 5043, A concurrent resolution establishing a task force concerning the status of
self-employed subcontractors under the workers compensation act; designating its mem-
bership, authority and responsibilities; and requiring a report to the 1999 Kansas Legislature
concerning the task force's findings and recommendations, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The concurrent resolution was adopted.

 HB 2966, An act concerning title insurance and escrow accounts, was considered on final
action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 SB 410, An act concerning the commission on governmental standards and conduct;
relating to powers and duties thereof; amending K.S.A. 25-4158, 25-4180, 46-260 and 46-
280 and K.S.A. 1997 Supp. 25-4152 and 25-4186 and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 Sub. HB 2662, An act concerning governmental ethics and elections; amending K.S.A.
25-4119a, 25-4119e, 25-4147, 25-4150, 25-4156, 25-4169a, 25-4173, 25-4175, 25-4180,
46-246a, 46-253, 46-280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f,
25-4143, 25-4145, 25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237 and
46-265 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Neufeld.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The substitute bill passed.

EXPLANATION OF VOTE
 Mr. Speaker: I vote yes on Sub. HB 2662. While this bill modestly improves the system
it still fails to repair the public trust in campaigns and in politicians. Sub. HB 2662 does
not limit the growth of special interest money, proliferation of PAC's and fails to address
the out of state and third party contributions that are destroying public confidence in all of
us. Some may brag that we fixed the ethics and campaign finance laws this session. Rather,
what we have done is to protect the cash flow of politicians and the dominance of some
special interests.--Henry Helgerson

 HB 2703, An act concerning financial institutions; relating to educational savings ac-
counts; amending K.S.A. 79-32,117 and 79-32,117h and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2835, An act concerning the pharmacy act of the state of Kansas; dialysates, devices
or drugs for chronic kidney failure, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2867, An act concerning crimes and punishment; relating to sexual exploitation of a
child; amending K.S.A. 21-3516 and repealing the existing section, was considered on final
action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2854, An act concerning civil procedure; relating to the rules of evidence; concerning
the authentication of copies of records; amending K.S.A. 60-465 and repealing the existing
section, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2789, An act concerning crime victims; relating to compensation and allowance
expenses from the crime victims compensation board; relating to the filing of applications;
amending K.S.A. 1997 Supp. 74-7301 and 74-7305 and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

 HB 2868, An act concerning wildlife; relating to certain big game permits and tags;
amending K.S.A. 1997 Supp. 32-937 and repealing the existing section, was considered on
final action.

 On roll call, the vote was: Yeas 115; Nays 8; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phill Kline, Kuether, Lane, Larkin, M. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morri-
son, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Pe-
terson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Compton, Faber, Grant, Phil Kline, Landwehr, J. Peterson, Presta, Vining.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 HB 2745, An act concerning consumer protection; relating to door-to-door sales; amend-
ing K.S.A. 50-640 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 101; Nays 22; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Comp-
ton, Cook, Correll, Cox, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer,
Findley, Flaharty, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Grant, Greg-
ory, Hayzlett, Helgerson, Henderson, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jen-
nison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Landwehr, Lane, Larkin, M.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Sa-
muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Stone,
Tanner, Thimesch, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Adkins, Alldritt, Burroughs, Crow, Feuerborn, Flora, Garner, Gilbert, Haley,
Henry, Howell, Klein, Kuether, McKechnie, E. Peterson, Powers, Sloan, Spangler, Storm,
Swenson, Toelkes, Vickrey.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed.

 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,
was considered on final action.

 On roll call, the vote was: Yeas 93; Nays 30; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Compton,
Cook, Cox, Crow, Dean, Dillon, Edmonds, Empson, Farmer, Findley, Flora, Flower, Frank-
lin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hel-
gerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, M. Long,
P. Long, Mason, Mayans, Mays, McKechnie, Myers, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, E. Peterson, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reardon,
Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weiland, Wilk, Wilson.

 Nays: Alldritt, Allen, Campbell, Carmody, Correll, Dahl, Dreher, Faber, Feuerborn, Fla-
harty, Hayzlett, Jennison, Larkin, McClure, McCreary, McKinney, Minor, Mollenkamp,
Morrison, Neufeld, Pauls, Phelps, Reinhardt, Shore, Storm, Thimesch, Weber, Wells, Wel-
shimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Krehbiel, Lloyd.

 The bill passed, as amended.

REPORTS OF STANDING COMMITTEES
    The Committee on Appropriations recommends HB 2477 be amended on page 1, in
line 16, by striking ``1995'' and inserting ``1997'' also in line 16, by striking all following ``39-
708c''; in line 17, by striking all before ``is'';

    On page 2, in line 5, preceding the period by inserting ``without having first advised and
consulted with the joint committee on state building construction'';

    On page 5, in line 29, by striking ``1995'' and inserting ``1997'' also in line 29, by striking
all following ``39-708c''; in line 30, by striking all preceding ``is'';

    On page 1, in the title, in line 11, by striking ``1995'' and inserting ``1997''; also in line 11,
by striking all following ``39-708c''; in line 12, by striking all preceding ``and''; and the bill
be passed as amended.

    The Committee on Transportation recommends HB 2715 be amended on page 1, by
striking all in lines 12 through 33; by striking all in line 39; in line 40, by striking ``(b) ''fair
market value`` and inserting: ''(a) ``Fair market value''``;

    On page 2, in line 1, by striking ``(c)'' and inserting ``(b)''; in line 3, by striking ``(d)'' and
inserting ``(c)''; in line 5, by striking ``(e)'' and inserting ``(d)''; in line 7, by striking ``(f)'' and
inserting ``(e)''; in line 11, by striking ``(g)'' and inserting ``(f)''; in line 13, by striking ``(h)''
and inserting ``(g)''; in line 17, by striking ``rail''; by striking all in lines 18 through 20; in line
21, by striking ``sors'' and inserting ``appurtenances thereto''; in line 22, by striking ``(i)'' and
inserting ``(h)''; in line 26, by striking ``(j)'' and inserting ``(i)'';

    On page 3, in line 20, by striking all following ``may''; by striking all in line 21; in line 22,
by striking ``tion'' and inserting ``request that the disagreement be submitted to an arbitration
panel in accordance with section 6. The request for arbitration''; in line 23, by striking
``commission'' and inserting ``arbitration panel''; in line 25, by striking ``application is filed.
The deter-''; in line 26, by striking all preceding the period and inserting ``request for ar-
bitration is made''; in line 28, by striking ``commission's'' and inserting ``arbitration panel's'';
in line 34, by striking ``commission'' and inserting ``arbitration panel''; by striking all in lines
37 through 41;

    On page 4, in line 9, by striking all following ``may''; in line 10, by striking all preceding
``shall'' and inserting ``request that the disagreement be submitted to an arbitration panel in
accordance with section 6. The request for arbitration''; in line 12, by striking ``commission''
and inserting ``arbitration panel''; by striking all in line 16; in line 17, by striking all preceding
the period and inserting ``the request for arbitration is made''; by striking all in line 18; in
line 19, by striking ``that a person who seeks'' and inserting ``Any person seeking''; in line
20, by striking ``com-''; in line 21, by striking all preceding the period and inserting ``arbi-
tration panel''; in line 22, by striking ``commission'' and inserting ``arbitration panel''; in line
23, by striking ``commission'' and inserting ``arbitration panel''; in line 24, by striking ``com-
mission'' and inserting ``arbitration panel''; following line 33, by inserting the following:

    ``Sec. 6. (a) Disputes submitted to arbitration under sections 4 or 5, shall be in accord-
ance with the procedures set forth in K.S.A. 5-401 et seq., and amendments thereto, except
as otherwise provided under this act.

    (b) The arbitration panel shall be selected by the railroad and tenant as follows: One
person selected by the railroad, one person selected by the tenant and one person selected
by the person's selected by the railroad and tenant.'';

    And by renumbering sections accordingly; and the bill be passed as amended.

 (Having been referred separately, HB 2715 is now in Committee on Calendar and
Printing.)

 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 2997, An act concerning insurance; relating to increased coverage for diabetes;
amending K.S.A. 1997 Supp. 40-1909 and 40-19c09 and repealing the existing sections, by
Committee on Appropriations.

 HB 2998, An act enacting the selective service registration awareness and compliance
act, by Committee on Federal and State Affairs.

 HB 2999, An act concerning lottery machines; relating to the unlawful sale of lottery
tickets; amending K.S.A. 74-8702 and 79-4701 and K.S.A. 1997 Supp. 74-8710, 74-8718 and
74-9802 and repealing the existing sections, by Committee on Federal and State Affairs.

HOUSE CONCURRENT RESOLUTION No. 5047--

By Representatives Findley, Alldritt, Flora, Garner, Grant, Larkin, Phelps, Sawyer,
Sharp, Showalter, Toelkes and Wempe


A PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas.


Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the House of Representatives and two-thirds of the mem-
      bers elected (or appointed) and qualified to the Senate concurring therein:

          Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

      ``§ 1. System of taxation; classification; exemption. (a) The provisions of this
      subsection shall govern the assessment and taxation of property on and after January
      1, 1993, and each year thereafter. Except as otherwise hereinafter specifically pro-
      vided, the legislature shall provide for a uniform and equal basis of valuation and
      rate of taxation of all property subject to taxation. The legislature may provide for
      the appraised valuations of real property established pursuant to such basis to be
      averaged over a period of years for the purpose of application in a taxable year for
      property taxation purposes. The legislature may provide for the classification and the
      taxation uniformly as to class of recreational vehicles, as defined by the legislature,
      or may exempt such class from property taxation and impose taxes upon another
      basis in lieu thereof. The provisions of this subsection shall not be applicable to the
      taxation of motor vehicles, except as otherwise hereinafter specifically provided, min-
      eral products, money, mortgages, notes and other evidence of debt and grain. Prop-
      erty shall be classified into the following classes for the purpose of assessment and
      assessed at the percentage of value prescribed therefor:

    Class 1 shall consist of real property. Real property shall be further classified into seven
subclasses. Such property shall be defined by law for the purpose of subclassification and
assessed uniformly as to subclass at the following percentages of value:

(1) Real property used for residential purposes including multi-family residential real property and real property necessary to accommodate a residential community of mobile or manufactured homes including the real property upon which such homes are located 111/2%
(2) Land devoted to agricultural use which shall be valued upon the basis of its agricultural income or agricultural productivity pursuant to section 12 of article 11 of the constitution.... 30%
(3) Vacant lots 12%
(4) Real property which is owned and operated by a not-for-profit organization not subject to federal income taxation pursuant to section501 of the federal internal revenue code, and which is included inthis subclass by law 12%
(5) Public utility real property, except railroad real property which shallbe assessed at the average rate that all other commercial and industrial property is assessed 33%
(6) Real property used for commercial and industrial purposes andbuildings and other improvements located upon land devoted to agricultural use 25%
(7) All other urban and rural real property not otherwise specificallysubclassified 30%
    Class 2 shall consist of tangible personal property. Such tangible personal property shall
be further classified into six subclasses, shall be defined by law for the purpose of subclas-
sification and assessed uniformly as to subclass at the following percentages of value:

(1) Mobile homes used for residential purposes 111/2%
(2) Mineral leasehold interests except oil leasehold interests the averagedaily production from which is five barrels or less, and natural gasleasehold interests the average daily production from which is 100mcf or less, which shall be assessed at 25% 30%
(3) Public utility tangible personal property including inventoriesthereof, except railroad personal property including inventoriesthereof, which shall be assessed at the average rate all other commercial and industrial property is assessed 33%
(4) All categories of motor vehicles not defined and specifically valued and taxed pursuant to law enacted prior to January 1, 1985 30%
(5) Commercial and industrial machinery and equipment which, if its economic life is seven years or more, shall be valued at its retail cost when new less seven-year straight-line depreciation, or which, if itseconomic life is less than seven years, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstandingits economic life and as long as such property is being used, shall not be less than 20% of the retail cost when new of such property 25%
(6) All other tangible personal property not otherwise specifically classified 30%
    (b) All property used exclusively for state, county, municipal, literary, educational, sci-
entific, religious, benevolent and charitable purposes, farm machinery and equipment, mer-
chants' and manufacturers' inventories, other than public utility inventories included in
subclass (3) of class 2, livestock, and all household goods and personal effects not used for
the production of income, shall be exempted from property taxation.``

    Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

          ``Explanatory statement. This amendment would allow the legislature to provide
      for the averaging over a period of years of certain real estate appraised valuations
      for application in a taxable year.

          ``A vote for this proposition would allow pursuant to enactment by the legislature
      the averaging of certain real estate appraised valuations over a period of years for
      utilization in a taxable year for property taxation purposes.

          ``A vote against this proposition would maintain the current system of property
      taxation.''

    Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 3, 1998.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, pursuant to House Rule 2306, HB 2764 was withdrawn
from the calendar and referred to Committee on Federal and State Affairs.

CHANGE OF REFERENCE
 Speaker Shallenburger announced the withdrawal of HB 2717 from Committee on Ju-
diciary and referral to Committee on Federal and State Affairs.

 Also, the withdrawal of HB 2988 from Committee on Health and Human Services and
referral to Committee on Appropriations.

 Also, the withdrawal of Sub. SB 424 from Committee on Insurance and referral to
Committee on Appropriations.

REPORT ON ENGROSSED BILLS
 HB 2591; Sub. HB 2654; HB 2703, 2789, 2854, 2907, 2925, 2966 reported correctly
engrossed February 26, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Friday, February 27,
1998.

CHARLENE SWANSON, Journal Clerk. 
JANET E. JONES, Cheif Clerk.