The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 122 members present.
Rep. Lloyd was excused on verified illness.
Reps. O'Neal and Pottorff were excused on excused absence by the Speaker.
Prayer by Chaplain Washington:
Heavenly Father,
I humbly bow before You today, lifting in prayer each one of our legislators and
each one of the supporting staff. Give each of us a sensitivity to Your leading. Lord,
give us more of a concern to meet Your approval than that of the voters. For the
promotion that results from Your vote is far more meaningful.
Lord, since the inclination of nature is toward the wild, please don't leave us to
natural inclinations, but infuse us with a Divine leaning. As the Author and Finisher
of our faith, help us to grow in our leaning and depending upon You.
Give us the sensitivity to your Spirit that You gave to the father of this country,
George Washington. After reading and meditating on Your Word in Psalms 33:12,
he said ``It is the duty of nations as well as of men to own their dependence upon
the overruling power of God . . . and to recognize the sublime truth, announced
in the Holy Scriptures and proven by all history; that those nations only are blessed
whose God is the Lord.''
I come to You leaning and depending on the Name of Jesus. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Environment: HCR 5048.
Taxation: HB 3002.
CONSENT CALENDAR
No objection was made to HB 2684 appearing on the Consent Calendar for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2477, An act concerning social welfare; duties of the secretary of social and rehabil-
itation services and the secretary of aging; rate schedules for providers; amending K.S.A.
75-5945 and K.S.A. 1997 Supp. 39-708c and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 94; Nays 28; Present but not voting: 0; Absent or not
voting: 3.
HCR 5035, A concurrent resolution urging Congress not to take action regarding dereg-
ulation of the electric generation industry and to leave that responsibility to the individual
states, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 5; Present but not voting: 1; Absent or not
voting: 3.
On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to Sub. HB 2478 and asked for a conference.
Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and Helgerson as
conferees on the part of the House.
Having voted on the prevailing side, pursuant to House Rule 2303, Rep. Flower moved
that the House reconsider its action in concurring in Senate amendments to HB 2289. The
motion prevailed. The question then reverted back to the motion to concur.
Rep. Flower offered a substitute motion to nonconcur in Senate amendments to HB 2289 and that a conference committee be appointed. The motion prevailed.
Speaker pro tem Wagle thereupon appointed Reps. Flower, Ballou and Weiland as con-
ferees on the part of the House.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Allen in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Allen, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2463 be passed over and retain its place on the calendar.
Committee report to HB 2510 be adopted; also, on motion of Rep. P. Long to amend,
the motion did not prevail.
Also, on motion of Rep. Spangler HB 2510 be amended on page 1, in line 18, by striking
the word ``fewer'' and inserting the word ``more'';
Also, on further motion of Rep. Spangler HB 2510 be amended on page 1, in line 29,
by striking ``: (1) the'' and inserting ``the''; in line 32, by striking all following ``matters''; by
striking all in lines 33 and 34; in line 35, by striking all before the period; and the bill be
passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Financial Institutions recommends SB 462, as amended by Senate
Committee, be amended on page 8, after line 14, by inserting the following:
``Sec. 2. K.S.A. 16a-2-304 is hereby amended to read as follows: 16a-2-304. (1) Every
licensee and any assignee or servicer of a consumer credit transaction shall maintain records
in conformity with generally accepted accounting principles and practices in a manner that
will enable the administrator and, in the case of a supervised financial organization its su-
pervisory official or agency, to determine whether the licensee, assignee or servicer is com-
plying with the provisions of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto.
The record keeping system of a licensee, assignee or servicer shall be sufficient if the li-
censee, assignee or servicer makes the required information reasonably available. The re-
cords need not be kept in the place of business where supervised loans are made, if the
administrator or supervisory official or agency is given free access to the records wherever
located. Every licensee and any assignee of a consumer credit transaction shall provide the administrator with the name, address, telephone number, contact person and any other reasonable information regarding the location and availability of current records of a con- sumer credit transaction. The records pertaining to any loan need not be preserved for more
than two years after making the final entry relating to the loan, but in the case of a revolving
loan account the two years is measured from the date of each entry.
(2) On or before April 15 of each year every licensee shall file with the administrator
and, in the case of a supervised financial organization with its supervisory official or agency,
a composite annual report in the form prescribed by the administrator relating to all su-
pervised loans made by such licensee. The administrator shall consult with comparable
officials in other states for the purpose of making the kinds of information required in annual
reports uniform among the states. Information contained in annual reports shall be confi-
dential and may be published only in composite form.'';
And by renumbering sections accordingly;
Also on page 8, in line 40, after ``K.S.A.'' where it appears for the first time, by inserting
``16a-2-304 and'';
On page 1, in the title, in line 11, after ``K.S.A.'' where it appears for the first time, by
inserting ``16a-2-304 and''; and the bill be passed as amended.
The Committee on Financial Institutions recommends SB 470 be amended on page
2, in line 20, after the period, by inserting ``The rebate for charges for insurance shall be as
prescribed by statute, rules and regulations and administrative interpretations by the ad-
ministrator.''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 404 be passed.
The Committee on Taxation recommends HCR 5034 be adopted.
The Committee on Utilities recommends SCR 1616 be adopted and, because the com-
mittee is of the opinion that the concurrent resolution 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 bills and concurrent resolution were introduced and read by title:
HB 3003, An act concerning children and minors; relating to visitation rights of grand-
parents; amending K.S.A. 38-129 and 38-130 and K.S.A. 1997 Supp. 38-1502 and 60-1616
and repealing the existing sections; also repealing K.S.A. 1997 Supp. 38-1502b, by Com-
mittee on Federal and State Affairs.
HB 3004, An act concerning the Kansas tort claims act; relating to the definition of an
employee; amending K.S.A. 75-6102 and repealing the existing section, by Committee on
Federal and State Affairs.
HB 3005, An act concerning the boiler safety act; amending K.S.A. 44-913, 44-914, 44-
915, 44-916, 44-917, 44-918, 44-919, 44-920, 44-921, 44-922, 44-923, 44-924, 44-925, 44-
926, 44-928 and 44-929 and repealing the existing sections, by Committee on Federal and
State Affairs.
HB 3006, An act concerning children; relating to children in need of care; amending
K.S.A. 38-1561, 38-1581 and 59-2132 and K.S.A. 1997 Supp. 38-1502, 38-1562, 38-1563,
38-1565, 38-1582 and 38-1583 and repealing the existing sections; also repealing K.S.A.
1997 Supp. 38-1502b, by Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5049--
By Select Committee on Higher Education
A PROPOSITION to amend sections 2, 3, 6 and 7 of article 6 of the constitution
of the state of Kansas, relating to education.
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:
Sections 2, 3, 6 and 7 of article 6 of the constitution of the state of Kansas are hereby
amended to read as follows:
``§ 2. State board of education and state board of regents Kansas council on higher education. (a) The legislature shall provide for a state board of education
which shall have general supervision of public schools, educational institutions and
all the educational interests of the state, except educational functions delegated by
law to the state board of regents Kansas council on higher education. The state board
of education shall perform such other duties as may be provided by law.
(b) The legislature shall provide for a state board of regents Kansas council on higher education and for its control and supervision or coordination of public insti-
tutions of higher education. Public institutions of higher education shall include
universities and colleges granting baccalaureate or postbaccalaureate degrees and
such other institutions and educational interests as may be provided by law. The state board of regents Kansas council on higher education shall perform such other duties
as may be prescribed by law.
(c) Any municipal university shall be operated, supervised and controlled as pro-
vided by law.
§ 3. Members of state board of education and state board of regents Kansas council on higher education. (a) There shall be ten members of the state board of
education with overlapping terms as the legislature may prescribe. The legislature
shall make provision for ten member districts, each comprised of four contiguous
senatorial districts. The electors of each member district shall elect one person re-
siding in the district as a member of the board. The legislature shall prescribe the
manner in which vacancies occurring on the board shall be filled. Subsequent redis- tricting shall not disqualify any member of the board from service for the remainder of the member's term.
(b) The state board of regents Kansas council on higher education shall have nine 11 members with overlapping terms as the legislature may prescribe. Members
shall be appointed by the governor as provided by law, subject to confirmation by
the senate. One member shall be appointed from each congressional district with the remaining members appointed at large, however, no two members shall reside in the same county at the time of their appointment. Vacancies occurring on the board council shall be filled by appointment by the governor as provided by law. The terms of office of members appointed to the council shall be prescribed by the leg- islature, but no such term of office shall be longer than six years.
(c) Subsequent redistricting shall not disqualify any member of either board from service for the remainder of his term. Any member of either the board or the council may be removed from office for cause as may be provided by law.
§ 6. Finance. (a) The legislature may levy a permanent tax for the use and
benefit of state institutions of higher education and apportion among and appropriate
the same to the several institutions, which levy, apportionment and appropriation
shall continue until changed by statute. Further appropriation and other provision
for finance of institutions of higher education may be made by the legislature.
(b) The legislature shall make suitable provision for finance of the educational
interests of the state. No tuition shall be charged for attendance at any public school
to pupils required by law to attend such school, except such fees or supplemental
charges as may be authorized by law. The legislature may authorize the state board of regents Kansas council on higher education to establish tuition, fees and charges
at institutions under its control and supervision.
(c) No religious sect or sects shall control any part of the public educational
funds.
§ 7. Savings and transitionclause. (a) All laws in force at the time of the
adoption of this amendment and consistent therewith shall remain in full force and
effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, 1969.
(b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruc- tion shall be elected after January 1, 1967.
(c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education. The legislature shall provide for the transition of authority from the state board of regents to the Kansas council on higher education on or before July 1, 2000.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would require the legislature to provide
for a Kansas council on higher education and to provide for the council's control and
supervision or coordination of public institutions of higher education by July 1, 2000.
The council would have 11 members appointed by the governor subject to confir-
mation by the senate. Members would have overlapping terms of office of up to six
years, as provided by law.
``A vote for this proposition would require the legislature to provide for a Kansas
council on higher education which would control and supervise or coordinate public
institutions of higher education by July 1, 2000, and would remove the requirement
for a state board of regents.
``A vote against this proposition would retain the requirement for a state board of
regents and for its control and supervision of state universities and would provide
for the general supervision of community colleges, technical colleges and vocational
education schools to remain with the state board of education.''
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.
CHANGE OF REFERENCE
Having been referred separately to Committee on Transportation and Committee on
Calendar and Printing, Speaker pro tem Wagle announced the withdrawal of HB 2715 from
Committee on Calendar and Printing and rereferral to Committee on Transportation.
REPORT ON ENGROSSED BILLS
HB 2477 reported correctly engrossed March 4, 1998.
HB 2289 reported correctly re-engrossed March 4, 1998.
REPORT ON ENROLLED BILLS
HB 2512, 2637, 2686, 2763 reported correctly enrolled, properly signed and presented
to the governor on March 5, 1998.
REPORT ON ENROLLED RESOLUTIONS
HCR 5030 reported correctly enrolled and properly signed on March 5, 1998.
On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, March 6,
1998.