March 11, 1998

Journal of the House

FORTIETH DAY ______

Hall of the House of Representatives, Topeka, KS,

Wednesday, March 11, 1998, 10:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

The roll was called with 121 members present.

Rep. Lloyd was excused on verified illness.

Reps. Cox, Kejr and Packer were excused on excused absence by the Speaker.

Prayer by Chaplain Washington:

Heavenly Father,

When concern for the plight of Your people gripped Your servant in Nehemiah
chapter one, he stopped. Although he was moved to tears over their condition, before
he acted, he prayed.

Lord, help us to be like Nehemiah today. In our concern for the plight of the
people of Kansas, remind us that they're first Your people. Then fill us with a deep
compassion, but before we act, move us to pray. Move us to seek Your guidance for
Your people.

Lord, in 1 Thessalonians 5:17, You said we should pray without ceasing. You said
in Phil. 4:6-7, that we should pray about everything and not worry about anything.

Would You therefore make this House of Representatives a House of prayer? Let
prayer be found as the House habit. Let it be said that the House bills were conceived
in prayer . . . introduced in prayer . . . (Rx)ferred to committee in
prayer . . . heard and debated in prayer. Even when the bills are amended, let that
be done prayerfully. As these bills meet with one approval after another, or even
when they go down in defeat, let the good of our prayers be realized, because the
God of our prayers heard and answered.

In Jesus Name, I come. Amen.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

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

Appropriations: HB 3007.

Environment: HB 3008.

CONSENT CALENDAR

Objection was made to HB 2977; SB 435 appearing on the Consent Calendar; the bills
were placed on the calendar under the heading of General Orders.

No objection was made to SB 111, 122, 429 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

SB 111, An act concerning the reporting of certain medically diagnosed conditions of
preschool children to the secretary of health and environment; amending K.S.A. 65-1,151
and repealing the existing section; also repealing K.S.A. 65-1,141, 65-1,142, 65-1,143, 65-
1,144, 65-1,145, 65-1,146 and 65-1,147, was considered on final action.

On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Ed-
monds, 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, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor,
O'Neal, Osborne, 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: Nichols.

Present but not voting: None.

Absent or not voting: Cox, Kejr, Lloyd, Packer.

The bill passed.

SB 122, An act concerning asbestos control; amending K.S.A. 65-5302, 65-5303 and
65-5308 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Ed-
monds, 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, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, 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, 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: None.

Present but not voting: None.

Absent or not voting: Cox, Kejr, Lloyd, Packer.

The bill passed.

SB 429, An act concerning the Kansas sentencing commission; relating to membership
thereof; amending K.S.A. 1997 Supp. 74-9102 and repealing the existing section, was con-
sidered on final action.

On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Ed-
monds, 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, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, 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, 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: None.

Present but not voting: None.

Absent or not voting: Cox, Kejr, Lloyd, Packer.

The bill passed.

HB 2463, An act concerning crimes, punishment and criminal procedure; relating to
capital murder; execution of death sentences; mitigating circumstances; amending K.S.A.
21-3439, 21-4626, 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013 and
22-4014 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 89; Nays 32; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Compton, Cook, Correll, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber,
Feuerborn, Findley, Flower, Freeborn, Geringer, Gilmore, Glasscock, Grant, Gregory, Hay-
zlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Klein, Phil Kline, Phill Kline, Landwehr, Lane, M. Long, P. Long, Mason, Mayans,
Mays, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers,
Ray, Reinhardt, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan,
Stone, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wilson.

Nays: Alldritt, Carmody, Crow, Farmer, Flaharty, Flora, Franklin, Garner, Gilbert, Haley,
Helgerson, Henderson, Henry, Kirk, Krehbiel, Kuether, Larkin, McClure, E. Peterson,
Phelps, Presta, Reardon, Ruff, Samuelson, Sawyer, Spangler, Storm, Thimesch, Wells, Wel-
shimer, Wempe, Wilk.

Present but not voting: None.

Absent or not voting: Cox, Kejr, Lloyd, Packer.

The bill passed, as amended.

EXPLANATION OF VOTE Mr. Speaker: The first time this ``Great'' State executes convicts in the name of ``Justice''
(that possibility now exists as early as this year) all our citizens lose some of our dignity. We
then deny civility--capital punishment is barbaric. We then applaud wealth--only the poor
receive the ``death'' penalty. We collectively become hypocrites in all our ``moral''/``religious''
teachings.

Despite internal motives for revenge, a rational Legislature; dedicated to saving dollars,
finding genuine solutions to root causes of violent crime, and upholding the litanies chanted
on Sunday mornings wouldn't support this, or any, capital punishment measure. For these
and other reasons, I proudly vote ``NO'' on HB 2463.--David Haley

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

COMMITTEE OF THE WHOLE

On motion of Rep. Wilk, Committee of the Whole report, as follows, was adopted:

Recommended that committee report to HB 2715 be adopted; also, on motion of Rep.
Pauls to amend, Rep. Hayzlett requested the question be divided. The Chair ruled the
amendment not divisible. The question then reverted back to the motion of Rep. Pauls to
amend which did not prevail.

Also, on motion of Rep Klein to amend HB 2715, the motion did not prevail.

Also, on motion of Rep Krehbiel HB 2715 be amended on page 6, by striking all of lines
2 through 14;

By renumbering sections accordingly;

Also on motion of Rep. Pauls to refer HB 2715 to Committee on Judiciary, the motion
did not prevail, and HB 2715 be passed as amended.

Committee report recommending a substitute bill to H. Sub. for Sub. SB 139 be
adopted; also, on motion of Rep. Mays be amended on page 2, after line 28, by inserting
the following:

``Sec. 4. K.S.A. 1997 Supp. 8-170 is hereby amended to read as follows: 8-170. (a) Upon
the transfer of ownership of any vehicle registered under the foregoing provisions of this
act, its registration and right to use the license plates thereon shall expire and thereafter
there shall be no transfer of any registration, and the license plates shall be removed by the
owner thereof and it shall be unlawful for any person other than the person to whom such
license plates were originally issued to have the same in possession. In case of a transfer of
ownership of a registered vehicle the original owner of the license plates may register an-
other antique vehicle under the same license plate designation, upon application therefor
and the payment of a fee of $1.50. Any model year license plate transferred shall comply
with the provisions of subsection (c) of K.S.A. 8-172, and amendments thereto.

(b) Upon the transfer and sale of a registered vehicle by any person, the new owner
thereof, before using a vehicle on the highways of this state, shall make application to the
division for registration of the vehicle.

(c) Certificate of title:

(1) Application for certificate of title on an antique vehicle shall be made by the owner
or the owner's agent upon a blank form to be furnished by the division and shall contain
such information as the division shall determine necessary. The division may waive any
information requested on the form if it is not available. The application together with a bill
of sale for the antique vehicle shall be accepted as prima facie evidence that the applicant
is the owner of the vehicle. The certificate of title shall be delivered to the applicant. The
certificate shall contain the words ``antique vehicle.''

(2) The certificate of title shall contain upon the reverse side a form for assignment of
title to be executed by the owner before a notary public or some other officer authorized
to administer an oath. A certificate of title may be issued under the provisions of this act
without an application for registration.

(3) The fee for each original certificate of title so issued shall be $7 until July 1, 1999,
and $3.50 thereafter. The certificate of title shall be good for the life of the antique vehicle,
so long as the same is owned or held by the original holder of the certificate of title, and
shall not have to be renewed. In the event of a sale or transfer of ownership of an antique
vehicle for which a certificate of title has been issued, the holder of such certificate of title
shall endorse on the same an assignment thereof, with warranty of title in form printed
thereon, as prescribed by the director, and the transferor must deliver the same to the buyer
at the time of delivery of the vehicle. The buyer shall then present such certificate of title,
assigned as aforesaid, to the director or an authorized agent of the director, whereupon a
new certificate of title shall be issued to the buyer, the fee therefor being $7 until July 1,
1999, and $3.50 thereafter.

Sec. 5. K.S.A. 8-172 is hereby amended to read as follows: 8-172. (a) Except as provided
in subsection (c), license plates issued for antique vehicles shall be distinctive and shall
contain the words ``Kansas'' and ``antique'' and there shall be no year date thereon. The
numbering system shall consist of combinations of not more than seven letters of the al-
phabet or numerals or a combination of such letters and numerals. The combinations of
such letters and numerals shall be at the direction of the director of vehicles, except that
any person owning an antique vehicle, other than an antique motorcycle, may make appli-
cation for a special combination of letters and numerals not exceeding seven. Antique mo-
torcycle license plates shall be the same as other antique vehicle license plates, except the
numbering system shall consist of not more than five letters of the alphabet or numerals or
a combination of letters and numerals. Such application shall be made in a manner pre-
scribed by the director of vehicles and shall be accompanied by a special combination fee
of $40. Unless the combination of letters or numerals designated by the applicant have been
assigned to another antique vehicle registered in this state, or unless the combination of
letters or numerals designated by the applicant have a profane, vulgar, lewd or indecent
meaning or connotation, as determined by the director, the division shall assign such com-
bination of letters to the applicant's vehicle.

(b) The registration fee for any antique vehicle shall be $40 and once paid shall not be
required to be renewed.

(c) In lieu of the license plate issued under subsection (a), a person who owns an antique
vehicle who wants to display a model year license plate on the vehicle shall execute at the
time of registration an affidavit setting forth that the model year license plate the person
wants to display on the person's antique vehicle is a legible and serviceable license plate that
originally was issued by this state. Such license plate shall be inscribed with the date of the
year corresponding to the model year when the vehicle was manufactured. The registration
fee for any antique vehicle displaying a model year license plate shall be $40 and once paid
shall not be required to be renewed.'';

And by renumbering sections accordingly;

Also on page 2, in line 29, after ``79-5105a'' by inserting ``and 8-172 and K.S.A. 1997
Supp. 8-170'';

In the title, in line 11, by striking all after the semicolon; in line 12, by striking all before
``amending''; also in line 12, after ``79-5105a'' by inserting ``and 8-172 and K.S.A. 1997 Supp.
8-170''; and H. Sub. for Sub. SB 139 be passed as amended.

Roll call was demanded on motion of Rep. Alldritt to amend SB 404 on page 1, after
line 13, by inserting the following:

``New Section 1. (a) As used in this section:

(1) ``Express authorization'' means an express, affirmative act by a consumer clearly
agreeing to the change in the consumer's primary long distance carrier or local exchange
carrier to another carrier or to change or add to the consumer's other telecommunications
services.

(2) ``Telecommunications services'' has the meaning provided by K.S.A. 66-1,187 and
amendments thereto.

(b) No local exchange carrier or telecommunications carrier shall submit to a local
exchange carrier an order to change a consumer's primary long distance carrier or local
exchange carrier to another carrier or to change or add to a consumer's other telecommu-
nications services without having obtained the express authorization of the consumer au-
thorized to make the change or addition. The local exchange carrier or telecommunications
carrier requesting the change or addition shall have the burden of proving the express
authorization by clear and convincing evidence.

(c) No local exchange carrier, telecommunications carrier or third party utilized to verify
an order to change a consumer's primary long distance carrier or local exchange carrier to
another carrier or to change or add to a consumer's telecommunications services shall:

(1) Engage in any activity, conduct or representation while soliciting or verifying a
change in a consumer's primary long distance carrier or local exchange carrier to another
carrier or a change or addition to a consumer's telecommunications services that has the
capacity to mislead, deceive or confuse the consumer;

(2) employ a box or container used to collect entries for sweepstakes, contests or draw-
ings to gather letters of agency or other documents that constitute authorizations by con-
sumers to change the consumers' primary long distance carrier or local exchange carrier to
another carrier or to change or add to the consumers' other telecommunications services;
or

(3) use any methods not approved by the federal communications commission statutes,
rules and regulations (as in effect on the effective date of this act) or state corporation
commission rules and regulations to change a consumer's primary long distance carrier or
local exchange carrier to another carrier or to change or add to a consumer's other telecom-
munications services.

(d) Any local exchange carrier or telecommunications carrier that violates subsection
(b) or (c) shall be liable to the consumer:

(1) For a refund of any amounts collected and a credit for any unpaid amounts charged
by the carrier not properly authorized to change a consumer's primary long distance carrier
or local exchange carrier to another carrier or to change or add to a consumer's other
telecommunications services, including any charges for local or long distance services,
switching fees or other related charges; and

(2) for restoration of any premiums to which the consumer would have been entitled if
the unauthorized change had not occurred.

(e) Every local exchange carrier or telecommunications carrier that submits an order
for a change of a consumer's primary long distance carrier or local exchange carrier to
another carrier, within three business days after the order to change is placed, shall mail to
the consumer authorized to make the change or addition a letter, using first class mail,
postage prepaid, that complies with the following:

(1) The letter must be the sole and separate document in the envelope and the envelope
must be clearly marked, on the front, in 12 point or larger type, ``NOTICE OF SWITCH
IN TELEPHONE CARRIER''.

(2) The letter, for which the sole purpose is to describe the change in carrier authorized
by the consumer, must be printed in 10 point or larger type and contain clear and plain
language that confirms the details of the change, including the name, address and telephone
number of the carrier submitting the order to change; the name of the consumer requesting
the change; all terms, conditions and fees applicable to the change; and a toll free number
that the consumer can call to cancel the service.

(f) Any local exchange carrier or telecommunications carrier that violates subsection (b),
(c), (d) or (e) shall be subject to a civil penalty of not less than $5,000 nor more than $20,000
for each such violation.

(g) Any violation of this section is a deceptive and unconscionable act or practice under
the provisions of the Kansas consumer protection act and shall be subject to any and all of
the enforcement provisions of the Kansas consumer protection act. Nothing in this section
shall preclude the state corporation commission from exerting its authority as it pertains to
intrastate services nor the attorney general from pursuing violations of any other provisions
of the Kansas consumer protection act by a local exchange carrier or telecommunications
carrier.

(h) This section shall be part of and supplemental to the Kansas consumer protection
act.'';

And by renumbering sections accordingly;

In the title, in line 10, before ``amending'' by inserting ``prescribing procedures 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; providing penalties for
violations;'';

On roll call, the vote was: Yeas 115; Nays 4; Present but not voting: 0; Absent or not
voting: 6.

Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Boston, Burroughs, Campbell, Comp-
ton, Cook, Correll, 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,
Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long,
P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
lenkamp, Morrison, Myers, Neufeld, Nichols, Osborne, Palmer, Pauls, E. Peterson, J. Pe-
terson, 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, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

Nays: Aurand, Benlon, O'Connor, Weber.

Present but not voting: None.

Absent or not voting: Carmody, Cox, Kejr, Lloyd, O'Neal, Packer.

The motion of Rep. Alldritt prevailed, and SB 404 be passed as amended.

Committee report to SB 470 be adopted; and the bill be passed as amended.

Committee report to SB 462 be adopted; and the bill be passed as amended.

Committee report to HB 2739 be adopted; also, on motion of Rep. Sharp be amended
on page 1, in line 13, after ``defraud'' by inserting ``for economic benefit''; in line 16, after
``number'' by inserting ``of another person'';

Also, on motion of Rep. McCreary to amend HB 2739, Rep. Sharp requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane, and HB 2739 be passed as amended.

Committee report to SB 67 be adopted; and the bill be passed as amended.

Committee report recommending a substitute bill to Sub. HB 2972 be adopted; also, on
motion of Rep. Samuelson be amended on page 3, in line 2, after ``of'' by inserting ``chapter
21 of'';

On page 5, in line 1, after ``care'' by inserting ``home'';

On page 6, in line 32, by striking ``an adult care home'' and inserting ``a home health
agency'';

On page 8, in line 30, by striking ``adult care home'' and inserting ``home health agency'';
and Sub. HB 2972 be passed as amended.

Committee report to SB 416 be adopted; also, on motion of Rep. Tomlinson be amended
on page 3, in line 10, by striking ``Any'' and inserting ``For taxable years commencing after
December 31, 1997, any''; in line 37, by striking ``A'' and inserting ``For taxable years com-
mencing after December 31, 1997, a'';

On page 4, in line 13, by striking ``Any'' and inserting ``For taxable years commencing
after December 31, 1997, any'';

On page 7, in line 9, by striking ``In'' and inserting ``For taxable years commencing after
December 31, 1997, in'';

On page 9, in line 22, by striking ``Any'' and inserting ``For taxable years commencing
after December 31, 1997, any'';

On page 14, in line 11, by striking ``Any'' and inserting ``For taxable years commencing
after December 31, 1997, any'';

Also, on motion of Rep. McCreary SB 416 be amended as further amended by motion
of Representative Tomlinson as follows: on page 14, in line 22, after the period, by inserting
``Any business firm which makes such a contribution in the first quarter of calendar year
1998 shall be allowed a credit in accordance with this act for the firms tax liability for taxable
years commencing after December 31, 1996''; and SB 416 be passed as amended.

REPORTS OF STANDING COMMITTEES

The Committee on Agriculture recommends SB 504, as amended by Senate Committee,
be passed.

The Committee on Business, Commerce and Labor recommends HB 3005 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 Business, Commerce and Labor recommends HB 2754 be
amended on page 1, after the enacting clause, by inserting an additional section as follows:

``Section 1. K.S.A. 75-1230 is hereby amended to read as follows: 75-1230. (a) Approved
tie downs shall be placed on a mobile home as follows:

(1) On any mobile home not less than ~~thirty-six (36)~~ 36 feet in length and not more
than ~~fifty (50)~~ 50 feet in length, three ~~(3)~~ frame tie downs shall be placed on each side, or
three ~~(3)~~ over-the-top tie downs shall be used or any combination thereof approved by the
secretary;

(2) On any mobile home more than ~~fifty (50)~~ 50 feet in length and not more than ~~seventy~~
~~(70)~~ 70 feet in length, four ~~(4)~~ frame tie downs shall be placed on each side, or four ~~(4)~~
over-the-top tie downs shall be used or any combination thereof approved by the secretary;

(3) On any mobile home more than ~~seventy (70)~~ 70 feet in length, five ~~(5)~~ frame tie
downs shall be placed on each side, or five ~~(5)~~ over-the-top tie downs shall be used or any
combination thereof approved by the secretary;

(4) On any doublewide mobile home, not more than ~~fifty (50)~~ 50 feet in length, three
~~(3)~~ frame tie downs shall be placed on each side or three over-the-top tie downs shall be
used, or any combination thereof approved by the secretary; and on any such mobile home
more than ~~fifty (50)~~ 50 feet in length, four ~~(4)~~ frame tie downs shall be used on each side
or four ~~(4)~~ over-the-top tie downs shall be used or any combination thereof approved by
the secretary.

(b) Whenever over-the-top tie downs are required on any mobile home, one ~~(1)~~ tie
down shall be placed as close to each end of the mobile home as practicable, and the center
tie down, if any, shall be located as close to the center of the mobile home as possible. The
distance between all such adjacent tie downs shall be as nearly equal as practicable.

(c) Roof protectors shall be used with all over-the-top tie downs securing mobile homes
not equipped with such tie downs by the manufacturer. Roof protectors shall be made of
rust-resistant material and placed at stud and rafter locations on a mobile home.

(d) Over-the-top tie downs may be attached to the same ground anchor as frame tie
downs.'';

By renumbering the existing sections accordingly;

Also on page 1, in line 13, by striking ``Section'' and inserting ``Sec.''; in line 42, after
``K.S.A.'', by inserting ``75-1230 and''; also in line 42, by striking ``is'' and inserting ``are'';

In the title, in line 10, after ``K.S.A.'', by inserting ``75-1230 and''; also in line 10, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.

The Committee on Business, Commerce and Labor recommends HB 2982 be
amended on page 2, in line 8, by striking ``$50,000'' and inserting ``$25,000''; in line 26, by
striking ``$50,000'' and inserting ``$25,000''; in line 31, by striking ``$50,000'' and inserting
``$25,000'';

On page 3, in line 6, by striking ``$4,300'' and inserting ``$5,000''; after line 37, by inserting
an additional section as follows:

``Sec. 2. K.S.A. 44-570 is hereby amended to read as follows: 44-570. (a) ~~Every~~ In the
event that subsection (e) of K.S.A. 44-510b is inapplicable, every employer in the state of
Kansas operating a trade or business under the provisions of the workmen's compensation
act shall pay within 30 days after the award is made the sum of $18,500 to the commissioner
of insurance in every case where death results from the accident and where there are no
dependents who are entitled to compensation under the workmen's compensation act.

(b) The commissioner of insurance shall remit all moneys received under this section
to the state treasurer. Upon receipt of any such remittance the state treasurer shall deposit
the entire amount thereof in the state treasury to the credit of the workers' compensation
fund.

(c) Upon rendering an award under this section, the director shall transmit immediately
a certified copy thereof to the commissioner of insurance. In case payment is, or has been
made, under the provisions of this section and dependency later is shown, or if payment is
made by mistake or inadvertence, or under such circumstances that justice requires a refund
thereof, the commissioner of insurance is hereby authorized to refund such payment to the
employer, or if insured, to the employer's insurance carrier.'';

By renumbering sections accordingly;

Also on page 3, in line 38, after ``K.S.A.'', by inserting ``44-570 and K.S.A.''; also in line
38, by striking ``is'' and inserting ``are'';

In the title, in line 10, after ``K.S.A.'', by inserting ``44-570 and K.S.A.''; in line 11, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.

The Committee on Environment recommends HB 2950 be amended by substituting a
new bill to be designated as ``Substitute for HOUSE BILL No. 2950,'' as follows:

``Substitute for HOUSE BILL No. 2950
By Committee on Environment
``AN ACT concerning livestock; relating to regulation of confined animal feeding facilities; imposing restrictions on construction, operation and expansion of certain facilities; re-
lating to disposal of certain dead animals; providing for certain income tax credits;
amending K.S.A. 2-3302, 2-3305, 2-3307 and 79-32,117 and K.S.A. 1997 Supp. 47-1219
and 65-171d and repealing the existing sections; also reviving K.S.A. 2-3302, 2-3305,
2-3307 and 79-32,117 and K.S.A. 1997 Supp. 65-171d and repealing K.S.A. 2-3302, as
amended by section 23 of this act, 2-3305, as amended by section 25 of this act, 2-3307,
as amended by section 26 of this act, and 79-32,117, as amended by section 29 of this
act, and K.S.A. 1997 Supp. 47-1219, as amended by section 27 of this act, and 65-171d,
as amended by section 1 of this act.''; and the substitute bill be passed.

(Sub. HB 2950 was thereupon introduced and ready by title.)

The Committee on Judiciary recommends SB 474, as amended by Senate Committee
of the Whole, be passed.

The Committee on Judiciary recommends SB 472, 473 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 449, as amended by Senate Committee,
be amended on page 2, in line 42, after ``instruction'' by inserting ``or the failure to give an
instruction''; and the bill be passed as amended.

The Committee on Tourism recommends HB 2876 be passed.

The Committee on Transportation recommends SB 488 be amended on page 1, in lines
29 and 30, by striking ``handicapped'' and inserting ``persons with a disability''; and the bill
be passed as amended.

The Committee on Utilities recommends SB 491, as amended by Senate Committee,
be passed.

The Select Committee on Higher Education recommends HCR 5049 be adopted.

The Select Committee on Higher Education recommends Substitute for HB 2793
be amended as recommended by the Select Committee on Higher Education by substituting
a new bill and that the Substitute for HB 2793 be amended on page 7, in line 19, after the
period by inserting: ``The joint committee on postsecondary education shall not exercise
such powers of compulsory process in abrogation of academic freedom.'';

On page 46, in line 15, by striking ``standards'' and inserting ``rules and regulations'';

On page 50, in line 4, by striking ``2.5 grade point average'' and inserting ``3.0 grade point
average on a 4.0 grade point scale'';

On page 52, by striking all in lines 19 and 20 and inserting in lieu thereof the following:

``Community college credit hour state aid
For the fiscal year ending June 30, 2000	$33,089,062
Community college out-district state aid entitlement
For the fiscal year ending June 30, 2000	$1,335,198
Community college operating grant
For the fiscal year ending June 30, 2000	$3,997,444
Community college administrative state aid
For the fiscal year ending June 30, 2000	$5,700,000'';

On page 53, by striking all in lines 4, 5 and 6 and inserting in lieu thereof the following:

``Community college credit hour state aid
For the fiscal year ending June 30, 2001	$33,089,062
For the fiscal year ending June 30, 2002	$33,089,062
Community college out-district state aid entitlement
For the fiscal year ending June 30, 2001	$1,335,198
For the fiscal year ending June 30, 2002	$1,335,198
Community college operating grant
For the fiscal year ending June 30, 2001	$3,997,444
For the fiscal year ending June 30, 2002	$3,997,444
Community college administrative state aid
For the fiscal year ending June 30, 2001	$5,700,000
For the fiscal year ending June 30, 2002	$5,700,000'';

And the substitute bill be passed as amended.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS

The following resolutions were introduced and read by title:

HOUSE RESOLUTION No. 6014--

By Committee on Federal and State Affairs

A RESOLUTION encouraging school systems in Kansas to adopt the Eddie Eagle Ele-
mentary Gun Safety Education Program of the National Rifle Association with the view
to preventing accidental firearm-related injuries to children and for other purposes.

WHEREAS, Teaching children to act safely around firearms is a critical step in the effort
to reduce the number of firearm-related accidents among children; and

WHEREAS, The Eddie Eagle Elementary Gun Safety Education Program teaches the
fundamentals of firearms safety to children in an effective and enjoyable way, communi-
cating to them the lifesaving message offered by the program: ``If you see a gun, STOP
Don't touch. Leave the area. Tell an adult.''; and

WHEREAS, The nationally-recognized Eddie Eagle Elementary Gun Safety Education
Program has been used by more than 10,000 public or private schools and law enforcement
agencies, and has reached over 10 million children since 1988; and

WHEREAS, The Eddie Eagle Elementary Gun Safety Education Program has been
presented the 1994 Golden Achievement Award of the National School Public Relations
Association, the 1995 National Education Award of the American Legion, and the 1996
Award of Merit from the National Safety Council's Awards & Recognition Committee of
the Youth Activities Division; and

WHEREAS, The House of Representatives of the State of Kansas also encourages civic
activists and community volunteers to adopt and promote this important program: Now,
therefore,

Be it resolved by the House of Representatives of the State of Kansas: That, in recognition
of the facts contained in the preamble of this resolution, the House of Representatives
encourages civic and community service organizations which are concerned about the safety
and well-being of the children of our state to help provide funding for the Eddie Eagle
Elementary Gun Safety Education Program at the local level; and

Be it further resolved: That the House of Representatives hereby encourages the State
Board of Education to promote the use of the Eddie Eagle Elementary Gun Safety Edu-
cation Program in our schools to help prevent firearm-related accidents among children;
and

Be it further resolved: That the House of Representatives commends the National Rifle
Association for its diligence and service in developing the Eddie Eagle Elementary Gun
Safety Education Program and making it available for use in our communities; and

Be it further resolved: That as a formal expression of the sentiment of the House of
Representatives the Chief Clerk of the House of Representatives is hereby directed to
transmit enrolled copies of this resolution to the State Board of Education and to the Com-
missioner of Education at 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.

HOUSE RESOLUTION No. 6015--

By Representatives Tanner and Garner

A RESOLUTION relating to the rules of the House of Representatives for the 1997-1998 biennium; amending Rule 107, relating to session proforma.

Be it resolved by the House of Representatives of the State of Kansas:

That rule 107 is hereby amended to read as follows:

Rule 107. Session Proforma. (a) The House of Representatives may meet from time
to time for the sole purposes of processing routine business of the House of Representatives.
These sessions shall be known as Session Proforma.

(b) Time of Meeting. Session Proforma shall be announced at least one legislative day
in advance with the hour for meeting Proforma set on the previous legislative day.

(c) Order of Business. The only orders of business that may be considered during
Session Proforma are:

(1) Introduction and reference of bills and concurrent resolutions.

(2) Receipts of messages from the Governor.

(3) Communications from State Officers.

(4) Messages from the Senate.

(5) Reports of Standing Committees.

(6) Presentation of Petitions.

(d) Motions. No motion shall be in order other than the motion to adjourn.

(e) Objections. Any objection by any member shall require the Session Proforma to
adjourn to the next day, Saturday and Sundays excluded, at 11:00 a.m.

(f) Quorum and Roll. There shall be no requirement for a quorum or taking of the
roll.

(g) Effect on Certain Rules. If a legislative day referred to in Rule 1309, 1503, 1505,
2303, 2705 or 3705 occurs on a legislative day which is also the day on which a session
proforma is held, the term ``legislative day'' as used in such rule means the next legislative
day subsequent to the legislative day on which the session proforma is held.

CHANGE OF REFERENCE

Speaker pro tem Wagle announced the withdrawal of HB 2764 from Committee on
Federal and State Affairs and referral to Committee of the Whole.

REPORT ON ENGROSSED BILLS

HB 2463 reported correctly engrossed March 10, 1998.

On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Thursday, March 12,
1998.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Cheif Clerk.