March 6, 1998


Journal of the House


THIRTY-SEVENTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Friday, March 6, 1998, 10:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 116 members present.

 Rep. Lloyd was excused on verified illness.

 Reps. Adkins, Allen, Phill Kline, Osborne, Packer, Pottorff, Stone and Wilson were ex-
cused on excused absence by the Speaker.

 Prayer by guest chaplain, the Rev. Anthony Robinson, pastor, St. Peter C.M.E. Church,
Kansas City, and guest of Rep. Haley:

       Gracious God, we are gathered this morning in this State House of Representatives
      Session, first of all thanking you for allowing us to see another day. We also say
      thanks, for bringing us from across this state to meet here in Topeka, the State's
      Capitol. We say thanks to you for our families, for the many times they have had
      patience with us as we perform civic duties across this land. Forgive us O God for
      our many faults and failures. Forgive us O God for decisions we made at times that
      have not been in the best interest of the people. We ask today Lord, for your guidance
      as we meet here. Guide us in all decisions that are made today. Help us to see the
      needs of the people in this great State of Kansas. And if we fail to agree on any
      decision today, let us not separate one from another divided as a House. For you
      said in your word, ``A House divided cannot stand.'' Bless this House of Represen-
      tatives session today. In the Name of Our Lord. Amen.

PRESENTATION OF PETITIONS

 The following petition was presented and filed:

 HP 2012, by Rep. Schwartz, a petition supporting the removal of ``tenure'' laws from our
State Education System, signed by Nancy Winter and 44 other citizens of USD 221.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills and resolutions were referred to committees as indicated:

 Business, Commerce and Labor: HB 3005.

 Judiciary: HB 3003, 3004, 3006.

 Select Committee on Higher Education: HCR 5049.

CHANGE OF REFERENCE

 Speaker pro tem Wagle announced the withdrawal of HB 2715 from Committee on
Transportation and referral to Committee of the Whole.

COMMUNICATIONS FROM STATE OFFICERS

 From John T. Houlihan, Director of Purchases, Department of Administration, in ac-
cordance with K.S.A. 75-3739(a)(1), Quarterly Report of Non-Competitive Purchases for
October, November and December, 1997.

 The complete report is kept on file and open for inspection in the office of the Chief
Clerk.

MESSAGES FROM THE SENATE

 The Senate accedes to the request of the House for a conference on HB 2289 and has
appointed Senators Morris, Umbarger and Karr as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2478 and
has appointed Senators Kerr, Morris and Petty as conferees on the part of the Senate.

 Also, the Senate concurs in House amendments to SB 410.

CONSENT CALENDAR

 No objection was made to SCR 1616 appearing on the Consent Calendar for the first
day.

 No objection was made to HB 2684 appearing on the Consent Calendar for the second
day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 Speaker pro tem Wagle announced that order of business Final Action on Bills and
Concurrent Resolutions would be passed over today.

REPORTS OF STANDING COMMITTEES

 The Committee on Business, Commerce and Labor recommends HB 2977 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.

    The Committee on Federal and State Affairs recommends HB 2972 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2972,'' as
follows:

``Substitute for HOUSE BILL No. 2972
By Committee on Federal and State Affairs
``AN ACT concerning background check of certain employees; amending K.S.A. 1997 Supp.
      39-970 and 65-5117 and repealing the existing sections.''; and the substitute bill be
      passed.

       (Sub. HB 2972 was thereupon introduced and read by title.)

 The Committee on Health and Human Services recommends SB 211, as amended by
Senate Committee, be passed.

 The Committee on Health and Human Services recommends SB 111, 122, as
amended by Senate Committee, be passed and, because the committee is of the opinion
that the bills are of a noncontroversial nature, be placed on the consent calendar.

 The Committee on Judiciary recommends SB 429, 435 be passed and, because the
committee is of the opinion that the bills are of a noncontroversial nature, be placed on the
consent calendar.

    The Committee on Utilities recommends SB 436, as amended by Senate Committee,
be amended on page 1, in line 17, by striking ``13 members, as follows'' and inserting ``the
following members''; in line 19, by striking the comma and inserting ``and''; in line 20, by
striking all after ``utilities''; in line 21, by striking all before the period and inserting ``, or
their designees, and all legislators who are members of the retail wheeling task force''; in
line 22, by striking all after ``(b)''; in line 23, by striking all before the period and inserting
``The chairperson and vice-chairperson of the retail wheeling task force shall serve as chair-
person and vice-chairperson, respectively, of the joint committee'';

    On page 2, in line 5, by striking ``uniform''; in line 6, by striking ``and equal''; in line 11,
by striking ``July 1'' and inserting ``January 11''; and the bill be passed as amended.

REPORT OF STANDING COMMITTEE

 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

 Request No. 109, by Representative Vining, congratulating Chuck Kinkaid for service
in WWII;

 Request No. 110, by Representative Shriver, recognizing Arkansas City Soroptimist
Clubs for Southcentral Kansas State Bar-B-Que Cookoff;

 Request No. 111, by Representative Ballard, congratulating Sean Kenneth Gallagher for
achieving Eagle Scout;

 Request No. 112, by Representative Benlon, congratulating Christopher Gharst for
achieving Eagle Scout;

be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.

 On motion of Rep. Jennison, the committee report was adopted.

REPORT ON ENGROSSED BILLS

 HB 2510 reported correctly engrossed March 6, 1998.

 On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Monday, March 9,
1998.