The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 119 members present.
Rep. Lloyd was excused on verified illness.
Reps. Flora, O'Neal, Pottorff, Shore and Spangler were excused on excused absence by
the Speaker.
Present later: Rep. Flora.
Prayer by Chaplain Washington:
Heavenly Father,
As we come again in our habit of opening another session, may these few moments,
not be just part of a routine. As we stand here, may our bowed heads be reflections
of true humility in our hearts.
You said through the Psalmist in number 103:2, that we should not forget Your
kindnesses toward us. So we pause to thank You today for the things You've so
routinely done. May we not take Your blessings for granted. It was You who really
woke us up this morning, not the noise of the alarm clock. Thank You for one more
day. Thank You for last night's sleep. Thank You for the food You give to nourish
us. Thank You for the shelter and clothing You've so graciously provided. Thank You
for Your protection from dangers, seen and unseen.
We now thank You for guidance and wisdom for the tasks ahead.
I gratefully come in the precious Name of Jesus. Amen and Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
HB 2792, An act concerning the state fair; transferring moneys and obligations of the
non-fair days activities fee fund to the state fair fee fund; abolishing the non-fair days activ-
ities fee fund; consolidating local bank accounts; amending K.S.A. 2-205 and 2-223 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
The bill passed.
HB 2877, An act authorizing the state board of regents to sell and convey certain real
estate located in Scott county, Kansas, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
The bill passed.
HB 2970, An act concerning the governor's department; transferring title to certain
personal property accepted on behalf of the state of Kansas, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
The bill passed.
HCR 5029, A concurrent resolution memorializing the Congress of the United States to
assume its fair share of the costs of special education services by increasing funding to a
level more nearly approaching the level authorized by the Individuals with Disabilities Ed-
ucation Act, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
The concurrent resolution was adopted.
SB 300, An act authorizing the university of Kansas medical center to purchase disability
insurance for certain persons, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
The bill passed.
EXPLANATION OF VOTE
Mr. Speaker: I vote yes on SB 300. KU Med is a jewel for this region. This jewel's flaw
is the disproportionate admissions and lack of subsidized tuitions of minority students to
both schools; medicine and nursing.
As a conscientious legislator, I abhor discrimination against a disparate minority. I resent
public subsidy to such discrimination. I vote forSB 300 because: I harbor deep, continuing
faith that Chancellor Hemenway and Chancellor Hagen, now fully aware of this dispropor-
tionate recruitment/admission policy are working towards a cure, and more equitable policy;
and, secondly I support this bill to insure the health and well-being of the students enrolled
in this productive institution.--David Haley
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Flower, the House concurred in Senate amendments to HB 2289,
An act concerning agriculture; relating to sericea lespedeza; bull thistle; noxious weeds and
noxious weed seed; amending K.S.A. 2-1314, 2-1314, as amended by section 2 of this act,
2-1314b, 2-1314b, as amended by section 4 of this act, and 2-1415 and repealing the existing
sections.
On roll call, the vote was: Yeas 116; Nays 3; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Flora, Lloyd, O'Neal, Pottorff, Shore, Spangler.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Wempe in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Wempe, Committee of the Whole report, as follows, was adopted:
Recommended that HCR 5035 be adopted.
Committee report to HB 2740 be adopted; also, on motion of Rep. McCreary be
amended on page 2, following line 17, by inserting a new section as follows:
``Sec. 3. K.S.A. 1997 Supp. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.
(b) No person shall possess, drink or consume alcoholic liquor or cereal malt beverage in or on any school property or grounds upon which is located a building or other structure used by a unified school district for instruction, attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly sched- uled school sponsored activity or event.
(b) (c) No person shall drink or consume alcoholic liquor on private property except:
(1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;
(2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;
(3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;
(4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or
(5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.
(c) (d) No person shall drink or consume alcoholic liquor on public property except:
(1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.
(2) In any state-owned or operated building or structure, and on the surrounding prem-
ises, which is furnished to and occupied by any state officer or employee as a residence.
(3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.
(4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.
(5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for pur-
poses of judging competitions.
(6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as au-
thorized by rules and regulations of the state historical society.
(7) On the premises of any state-owned historic site under the jurisdiction and super-
vision of the state historical society, on the surrounding premises and in any other building
on such premises, as authorized by rules and regulations of the state historical society.
(8) On property exempted from this subsection (c) pursuant to subsection (d), (e), (f),
(g) or, (h) or (i).
(d) (e) Any city may exempt, by ordinance, from the provisions of subsection (c) (d)
specified property the title of which is vested in such city.
(e) (f) The board of county commissioners of any county may exempt, by resolution,
from the provisions of subsection (c) (d) specified property the title of which is vested in
such county.
(f) (g) The state board of regents may exempt from the provisions of subsection (c) (d)
specified property which is under the control of such board and which is not used for
classroom instruction, where alcoholic liquor may be consumed in accordance with policies
adopted by such board.
(g) (h) The board of regents of Washburn university may exempt from the provisions
of subsection (c) (d) the Mulvane art center and the Bradbury Thompson alumni center on
the campus of Washburn university, and other specified property the title of which is vested
in such board and which is not used for classroom instruction, where alcoholic liquor may
be consumed in accordance with policies adopted by such board.
(h) (i) Any city may exempt, by ordinance, from the provisions of subsection (c) (d) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.
(i) (j) Violation of any provision of this section is a misdemeanor punishable by a fine
of not less than $50 or more than $200 or by imprisonment for not more than six months,
or both.'';
By renumbering sections 3 and 4 as sections 4 and 5, respectively;
Also on page 2, in line 18, by striking ``is'' and inserting ``and 41-719 are'';
In the title, in line 11, before ``amending'', by inserting ``prohibiting possession and con-
sumption on school district property;''; also in line 11, after ``and'', by inserting ``41-719
and''; also in line 11, by striking ``section'' and inserting ``sections'';
Also, on motion to recommend HB 2740 favorably for passage, the motion did not prevail.
Committee report to HB 2477 be adopted; also, roll call was demanded on motion of
Rep. Helgerson to amend on page 5, in line 14, following the stricken material by inserting
``Any payment schedules which are a part of the state medicaid plan shall conform to state
and federal law. The secretary shall not be required to make any payments under the state
medicaid plan which do not meet requirements for state and federal financial participation.'';
in line 15, preceding ``The'' by inserting ``(1)''; by striking all in lines 23 through 29 and
inserting the following:
``(2) The secretary shall establish payment schedules for providers of hospital and adult
care home services under the medicaid plan that are reasonable and adequate to meet the
costs which must be incurred by efficiently and economically operated facilities in order to
provide care and services in conformity with applicable state and federal laws, regulations,
and quality and safety standards. The secretary shall not be required to establish rates for
any such facility that are in excess of the minimum necessary to efficiently and economically
meet those standards regardless of any excess costs incurred by any such facility.'';
On roll call, the vote was: Yeas 103; Nays 17; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Lloyd, O'Neal, Pottorff, Shore, Spangler.
The motion of Rep. Helgerson prevailed.
Also, on motion of Rep. Howell to amend HB 2477, the motion was withdrawn. Also,
on further motion of Rep. Howell to amend, the motion did not prevail.
Also, on motion of Rep. Helgerson HB 2477 be amended on page 5, following line 31,
by inserting new material as follows:
``Sec. 2. K.S.A. 75-5945 is hereby amended to read as follows: 75-5945. The secretary
of aging shall administer the long-term care programs and services transferred in this act.
All powers granted in this act are to be interpreted and administered in conformity with
federal grant requirements as applicable to programs transferred, even if such powers are
limited or excluded:
(a) The secretary of aging shall develop state plans or state plan amendments or portions
of state plans or state plan amendments in consultation with the secretary of social and
rehabilitation services relating to long-term care programs as provided under the federal
social security act. The secretary of aging shall not develop any state plan amendment in
duplication of or contrary to any state plan otherwise developed by the secretary of social
and rehabilitation services. The secretary of aging may cooperate with the federal govern-
ment on any other program providing federal financial assistance and long-term care services
not otherwise inconsistent with this act. The secretary of aging is not required to develop a
state plan for participation or cooperation in all federal social security act programs or other
federal programs that are available for long-term care services. The secretary of aging may
develop a state plan in regard to long-term care services in which the federal government
does not participate.
(b) The secretary of aging, in consultation with the secretary of social and rehabilitation
services, may determine the general policies relating to all forms of long-term care programs
which are administered or supervised by the secretary of aging and to adopt the rules and
regulations therefor.
(c) The secretary of aging shall adopt rules and regulations necessary to protect the
confidentiality of all client information as required by federal and state statutes and regu-
lations.
(d) The secretary of aging shall provide that all officers and employees of the department
of social and rehabilitation services who are engaged in the exercise and performance of the
powers, duties and functions of the programs transferred in this act and are determined by
the secretary to be necessary to perform such functions are transferred to the department
on aging. Officers and employees of the department of social and rehabilitation services
shall retain all retirement benefits and leave rights which had accrued or vested prior to
each date of transfer. The service of each such officer and employee so transferred shall be
deemed to have been continuous. All transfers, layoffs and abolition of classified service
positions under the Kansas civil service act which may result from program transfers shall
be made in accordance with the civil service laws and any rules and regulations adopted
thereunder. The secretary of aging may appoint attorneys as are necessary to effectively
carry out the mission of the department and the programs transferred by this act. The
attorneys appointed shall be in the unclassified service under the Kansas civil service act,
shall serve at the pleasure of the secretary, and shall receive an annual salary fixed by the
secretary and approved by the governor. Nothing in this act shall affect the classified status
of any transferred person employed as an attorney by the department of social and reha-
bilitation services prior to the date of transfer and the unclassified status shall apply only to
persons appointed to such attorney positions on or after the effective date of this act.
(e) The secretary of aging shall establish an adequate system of financial records. The
secretary of aging and the secretary of social and rehabilitation services shall execute agree-
ments for the department of social and rehabilitation services and the department on aging
to share data systems necessary to maximize the efficiency of program operations and to
ensure that federal grant requirements are met. The secretary of aging shall make annual
reports to the governor and shall make any reports required by federal agencies.
(f) The secretary of aging may receive, have custody of, protect, administer, disburse,
dispose of and account for federal or private equipment, supplies and property which is
given, granted, loaned or advanced to the state of Kansas for long-term care programs after
the transfer of such programs pursuant to this act.
(g) The secretary of aging may assist other departments, agencies and institutions of the
state and federal government and of other states under interstate agreements, when so
requested, by performing services in conformity with the purpose of this act.
(h) The secretary of aging may lease real and personal property whenever the property
is not available through the state or a political subdivision of the state for performing the
functions required by this act.
(i) All contracts shall be made in the name of ``secretary of aging'' and in that name the
secretary may sue and be sued on such contracts. The grant of authority under this subsec-
tion shall not be construed to be a waiver of any rights retained by the state under the 11th
amendment to the United States constitution and shall be subject to and shall not supersede
the provisions of any appropriations act of this state.
(j) The secretary of aging, except as set forth in the Kansas administrative procedure
act and paragraphs 5 and 6, shall provide a fair hearing for any person who is an applicant,
client or other interested person who appeals from the decision or final action of any agent
or employee of the secretary. The hearing shall be conducted in accordance with the pro-
visions of the Kansas administrative procedure act and the requirements of any applicable
federal grant programs.
(1) The secretary of aging may investigate (A) any claims and vouchers and persons,
businesses and other entities who provide services to the secretary of aging or to clients
served by long-term care programs under the administration of the secretary, and (B) the
eligibility of persons to receive services under long-term care programs under the admin-
istration of the secretary, and (C) the eligibility of providers of services.
(2) When conducting investigations, the secretary of aging may issue subpoenas; compel
the attendance of witnesses at any place in this state; compel the production of any records,
books, papers or other documents considered necessary; administer oaths; take testimony;
and render decisions. If a person refuses to comply with any subpoena issued under this
section or to testify to any matter regarding which the person may lawfully be questioned,
the district court of any county, on application of the secretary, may issue an order requiring
the person to comply with the subpoena and to testify. Failure to obey the order of the
court may be punished by the court as a contempt of court. Unless incapacitated, the person
placing a claim or defending a privilege before the secretary shall appear in person or by
authorized representative and may not be excused from answering questions and supplying
information, except in accordance with the person's constitutional rights and lawful privi-
leges.
(3) The presiding officer may close any portion of a hearing conducted under the Kansas
administrative procedure act when matters made confidential, pursuant to federal or state
law or regulation are under consideration.
(4) Except as provided in subsection (d) of K.S.A. 77-511 and amendments thereto and
notwithstanding the other provisions of the Kansas administrative procedure act, the sec-
retary of aging may enforce any order prior to the disposition of a person's application for
an adjudicative proceeding unless prohibited from such action by federal or state statute,
regulation or court order.
(5) This appeals procedure shall not have jurisdiction to determine the facial validity of
a state or federal statute, rule or regulation.
(6) The secretary of aging shall not be required to provide a hearing if: (A) The appeals
procedure lacks jurisdiction over the subject matter; (B) resolution of the matter does not
require the secretary to issue an order that determines an applicant's or client's legal rights,
duties, privileges, immunities or other legal interests; (C) the matter was not timely sub-
mitted for appeal pursuant to regulation or other provision of law; (D) the matter was not
submitted in a form substantially complying with any applicable provision of law; or (E) the
matter is under the prior or concurrent jurisdiction of the secretary of social and rehabili-
tation services pursuant to K.S.A. 75-3306 and amendments thereto.
(k) The secretary of aging may establish payment schedules for each group of providers for the long-term care programs. The secretary shall consider budgetary constraints as a factor in establishing payment schedules so long as the result does not conflict with appli- cable federal law. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial participation. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial partici- pation. The secretary shall not be required to establish or pay at rates which are in excess of the minimum necessary payment requirements regardless of excess costs incurred by a provider. The secretary shall establish payment schedules for each group of health care providers for long-term care programs. Any payment schedules which are a part of the state medicaid plan shall conform to state and federal law. The secretary shall not be required to make any payments under the state medicaid plan which do not meet requirements for state and federal financial participation.
(1) The secretary shall consider budgetary constraints as a factor in establishing pay- ment schedules so long as the result complies with state and federal law.
(2) The secretary shall establish payment schedules for providers of long-term care serv- ices under the medicaid plan that are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal laws, regulations, and quality and safety standards. The secretary shall not be required to establish rates for any such provider or facility that are in excess of the minimum necessary to efficiently and economically meet those standards regardless of any excess costs incurred by any such provider or facility.
(l) The secretary of aging shall review all rules and regulations of the department on
aging and shall amend and revoke the rules and regulations to conform to the purposes of
this act.
(m) The secretary of aging may implement a program which would permit the value of
any services provided by the area agencies on aging for the benefit of any long-term care
programs administered by the secretary to be considered eligible for federal financial par-
ticipation for such long-term care programs.'';
By renumbering the remaining sections accordingly;
Also on page 5, in line 32, following ``2.'' by inserting ``K.S.A. 75-5945 and''; in line 33,
by striking ``is'' and inserting ``are'';
On page 1, in the title, in line 11, following ``services'' by inserting ``and the secretary of
aging''; also in line 11, by striking ``health care''; in line 12, by preceding ``K.S.A.'' by inserting
``K.S.A. 75-5945 and''; in line 14, by striking ``section'' and inserting ``sections''; and HB 2477 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Taxation recommends HB 2684 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
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 bill and concurrent resolution were introduced and read by title:
HB 3002, An act relating to economic development tax incentives; concerning reports
of Kansas, Inc. relating thereto; amending K.S.A. 1997 Supp. 74-8017 and repealing the
existing section, by Committee on Taxation.
HOUSE CONCURRENT RESOLUTION NO. 5048
By Committee on Environment
A CONCURRENT RESOLUTION urging the United States Environmental Protection
Agency to perform uniform assessments of water quality and urging the Congress to
modify the Clean Water Act.
WHEREAS, The Clean Water Act, 33 U.S.C. 1251-1387, requires the United States
Environmental Protection Agency and the various states to perform biennial assessments of
water quality, known as the 305(b) report; and
WHEREAS, The current approach to preparing 305(b) reports allows extreme variations
among states in stream use designations, and in monitoring, evaluating and reporting water
quality conditions; and
WHEREAS, The 305(b) reports have been used to make inappropriate interstate com-
parisons of water quality, and the current approach to preparing 305(b) reports punishes
states with more comprehensive water monitoring programs and rewards states with less
comprehensive programs; and
WHEREAS, Kansas maintains a comprehensive program to monitor water quality across
the state but has been incorrectly identified as having the poorest water quality in the United
States due to rigorous scientific assessments beyond the minimum required by the United
States Environmental Protection Agency; and
WHEREAS, State-to-state comparisons of waters not meeting designated uses are fre-
quently misrepresented as comparisons of actual water quality: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature urges the United States Environmental Protection Agency
to perform a uniform assessment of water quality that: (1) Uses all information available
from federal, state and private sources; (2) eliminates the willful ignorance approach inher-
ent in the current system; (3) bases all interstate comparisons of water quality on the result
of the uniform assessment methodology approach; (4) identifies and addresses data gaps
due to inadequate monitoring; (5) rewards states for performing comprehensive monitoring
and assessment through enhanced funding and program flexibility; and (6) modifies all
national water quality databases maintained by the United States Environmental Protection
Agency to implement and publicize the uniform assessment methodology; and
Be it further resolved: That the Legislature urges the Congress to modify the Clean
Water Act to change the assessment time frame from two years to five years to allow for
long-term trend analysis; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to Carol M. Browner, Administrator, United States Environmental Pro-
tection Agency, 401 M Street, S.W., Washington, D.C. 20460; Dennis Grams, Regional
Administrator, Region 7, United States Environmental Protection Agency, 726 Minnesota
Avenue, Kansas City, Kansas 66101; the President and Minority Leader of the United States
Senate; the Speaker and Minority Leader of the United States House of Representatives;
and each Member of the Kansas Congressional Delegation.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, pursuant to House Rule 2307, the following bills were
stricken from the calendar: