March 16, 1998


Journal of the House


FORTY-THIRD DAY
______
Hall of the House of Representatives, Topeka, KS,
Monday, March 16, 1998, 11:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 119 members present.

 Rep. Lloyd was excused on verified illness.

 Reps. Flora, Helgerson, O'Neal, Palmer and E. Peterson were excused on excused ab-
sence by the Speaker.

 Prayer by guest chaplain, the Rev. Lucille Luckey, pastor, Apostolic Faith Pentecostal
Church, Dodge City, and guest of Rep. E. Peterson:

       Most gracious Father, our Lord and Saviour Jesus Christ, we thank you for bring-
      ing us safely over the highways, roadways, railways and airways.

       We thank you for your manifold blessings unto us. Give ear unto our words,
      consider our meditation.

       Whatever we are today, we realize that it is you who made us, and not we ourselves.
      You know all about us. We are the sheep of your pasture.

       We are asking your blessings for the House, the Speaker and its members.

       We are seeking your divine guidance and direction in all things. We are asking
      you to help us to make the right decisions.

       Thank you for our life, health and strength.

       Let the words of my mouth and the meditations of my heart, be acceptable in thy
      sight, oh Lord, my strength and my Redeemer.

       May the peace of God which passeth all understanding, keep our hearts through-
      out this day and always.

       We ask these blessings in the name of the Lord Jesus Christ. Amen and Amen.

INTRODUCTION OF GUESTS
 Speaker Shallenburger addressed a few remarks of welcome to members of the Voronezh
Delegation on their visit to the House of Representatives. He introduced Ivan M. Shabanov,
Governor, Voronezh Oblast; Vladimir P. Anishev, Vice-Governor, Voronezh Oblast Ambas-
sador to the Russian Federation Government, Moscow; Yury A. Shepkin, Vice-Governor
(Trade and Commerce), Voronezh Oblast; Nikolay S. Oreshin, Chief of Staff, Voronezh
Oblast Administration; Anatoly A. Lyutykh, Representative of the Voronezh Oblast to the
Russian Federation Government, Voronezh; Anatoly I. Balbenkov, Mayor, Bobrov District;
Vladimir M. Grinev, Mayor, Rossosh District; and Vitaly I. Zhikharev, Ivan M. Syrkov, Boris
M. Skrunnikov, Aleksander P. Peredersev, Leonid M. Samokhval, Nicolay V. Matveev, Alek-
sey A. Ovchinnikov, Aleksey M. Nakvasin, Lidia M. Kuznetsova, Anatoly P. Kolesnikov,
Valery P. Solyanik, Vladimir M. Sherbakov, Vitaly K. Bitukov, Vyacheslav V. Podkolzin, Isaak
B. Zagaitov, Valentin S. Rakhmanin, Yakov I. Korenman, Anatoly A. Naymov, Anatoly I.
Chasovskikh, Dmitry V. Anishev, Vladimir I. Krasnov, Oleg I. Polyakov, and Vladimir L.
Moiseenkov.

 Governor Shabanov addressed a few remarks to the members of the House. Speaker
Shallenburger presented the Governor and the delegation a picture of a scene of Kansas.
Governor Shabanov presented a picture of a portion of the city of Voronezh to the Speaker
and the House of Representatives.

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

 Agriculture: Sub. SB 494, SB 672.

 Education: SB 444.

 Governmental Organization and Elections: SB 677.

 Judiciary: SB 482.

 Taxation: SB 541.

 Utilities: HB 3011.

MESSAGE FROM THE GOVERNOR
 HB 2613 approved on March 13, 1998.

COMMUNICATIONS FROM STATE OFFICERS
 Annual Report to the Governor and Legislature, State Board of Indigents' Defense Serv-
ices, FY 1997.

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

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
 The following resolutions were introduced and read by title:

HOUSE RESOLUTION No. 6017--

By Representatives Pottorff, 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, Fla-
      harty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glas-
      scock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
      Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein,
      Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, M. Long, P.
      Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
      lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Pal-
      mer, Pauls, E. Peterson, J. Peterson, Phelps, 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 and Wilson

     

A RESOLUTION in memory of Garner Shriver.
    WHEREAS, Garner Shriver, of Wichita, died March 1, 1998, at age 85; and

    WHEREAS, Garner Shriver, a Republican, dutifully and with integrity gave 28 years of
his life to public service for the state of Kansas, having served four years in the Kansas
House of Representatives and eight years in the Kansas Senate before being elected, in
1960, to the U.S. House of Representatives for the 4th District of Kansas. He was a member
of a class of freshman congressmen that included Bob Dole and was described by President
John F. Kennedy as ``a new generation of Americans.'' He served Kansas and his district
honorably in Congress for sixteen years; and

    WHEREAS, Garner Shriver was known as a thoughtful and dignified legislator, having
been described by his successor as a congenial and nonpolarizing influence in Congress.
Although a member of the minority party, he was appointed to the subcommittee that
drafted the landmark legislation which eventually culminated in the Civil Rights Act signed
into law in 1964. He was a tireless campaigner for veterans' rights and introduced the bill
that gave Vietnam veterans the same educational benefits as veterans of World War II and
the Korean conflict. He was very proud of the fact that as a Republican he was liked and
trusted enough to be elected by a Democratic constituency for eight consecutive terms; and

    WHEREAS, Garner Shriver was born in Towanda and moved to Wichita at an early age.
He worked his way through Wichita University and Washburn University law school earning
degrees at both schools. He joined the U.S. Navy as an enlisted sailor at the outset of World
War II and later received a commission to lieutenant senior grade, before ending the war
as a boat group commander in the Pacific theater; and

    WHEREAS, Garner Shriver is survived by his wife of 56 years, Martha Jane Currier
Shriver, a son, David Shriver, and two daughters, Kay Kwon and Linda Ann Breeding: Now,
therefore,

    Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Garner Shriver; and

    Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide four enrolled copies of this resolution to Mrs. Garner Shriver, 15205 Timber
Lakes Circle, Wichita, Kansas 67230.

HOUSE RESOLUTION No. 6018--

By Representatives Pottorff, 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, Fla-
      harty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glas-
      scock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
      Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein,
      Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, M. Long, P.
      Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
      lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Pal-
      mer, Pauls, E. Peterson, J. Peterson, Phelps, 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 and Wilson

     

A RESOLUTION in memory of Edward F. Arn.
    WHEREAS, Edward F. Arn, 91, of Wichita, former attorney general, Kansas Supreme
Court justice, and governor of the state of Kansas, died January 22, 1998; and

    WHEREAS, Edward F. Arn served as governor from 1951 to 1955. He became attorney
general in 1946 but resigned during his second term in 1949 to accept an appointment to
the Kansas Supreme Court. He resigned from the Kansas Supreme Court in 1950 to run
for governor. As governor, he started construction of the Kansas Turnpike by lifting the first
scoopful of dirt for the bridge to be built over the Kansas River near Lawrence. As attorney
general, he enforced the state's liquor laws so strictly that ``Kansans didn't want it any
longer,'' thereby leading to the repeal of the state's prohibition laws in 1948 by Kansas
voters. After touring Kansas towns and farmlands ravaged by the 1951 flood, he helped gain
federal funding to repair the damage and supported other flood-control projects. He helped
persuade Dwight Eisenhower to run for president on the republican ticket in 1952 and gave
the seconding speech for his nomination; and

    WHEREAS, The administration of Governor Arn was particularly noted for its progress
in many fields of government, examples are: Creation of the Kansas Department of Admin-
istration which created budget control over all state agencies, centralized purchasing, uni-
form accounting and auditing and centralized personnel administration; creation of the State
Office Building Commission and the erection of the (now Docking) State Office Building
in Topeka; enactment of the judicial retirement system for Supreme Court Justices and
District Court Judges; enactment of the Fair Employment Practices Act; enactment of a
teachers' retirement program; upgrading of the level of care for mentally ill from a one-
time ranking of 46th to 3rd among the 48 states; and enlargement of the Kansas Highway
Patrol--all with no increase in taxes and with a fiscal year 1955 budget of 236.9 million
dollars; and

    WHEREAS, Subsequent to his years of public service Edward F. Arn returned to Wich-
ita and to a thriving law practice. He ran for the U.S. Senate in 1962 but lost in the primary
to the encumbent James Pearson. In May 1973, he was appointed by the Kansas Supreme
Court as Chairman of the Judicial Study Advisory Committee constituted by the 1973 Kansas
Legislature to make a survey and study of the Kansas Court system. In 1974, he was the
recipient of the Herbert Harley award by the American Judicature Society in recognition
of his service in promoting the effective administration of Justice. He served from 1974 to
1984 as a member of the Kansas Supreme Court Judicial Qualifications Commission. He
retired from his law firm, Arn, Mullins, Unruh, Kuhn and Wilson, L.L.P., in 1988; and

    WHEREAS, At age 37, Edward F. Arn volunteered for military service during World
War II and became a Lieutenant in the Navy serving for nearly three years on an aircraft
carrier in the South Pacific; and

    WHEREAS, Edward F. Arn is survived by two daughters, Dolores Arn Underhill and
Barbara Arn Smith, a stepdaughter, Susan Sheets, seven grandchildren, three stepgrand-
children and 10 great-grandchildren: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Edward F. Arn; and

    Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to Barbara Smith, 8840 S. 18th Street, Phoenix,
Arizona 85040 and Dolores Underhill, 430 Forest Avenue, Laguna Beach, California 92651.

CONSENT CALENDAR
 Objection was made to SB 423 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

 No objection was made to HB 3005; SB 472, 473 appearing on the Consent Calendar
for the third day. The bills were advanced to Final Action on Bills and Concurrent Reso-
lutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 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, 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.

 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, Flower, Franklin, Free-
born, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne,
Packer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, 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, Wil-
son.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Flora, Helgerson, Lloyd, O'Neal, Palmer, E. Peterson.

 The bill passed.

 SB 472, An act concerning limited liability companies; relating to formation; articles of
organization; dissolution; amending K.S.A. 17-7605, 17-7607 and 17-7622 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.

 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, Flower, Franklin, Free-
born, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne,
Packer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, 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, Wil-
son.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Flora, Helgerson, Lloyd, O'Neal, Palmer, E. Peterson.

 The bill passed.

 SB 473, An act concerning limited partnerships; relating to dissolution; amending K.S.A.
56-1a451 and repealing the existing section, 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.

 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, Flower, Franklin, Free-
born, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne,
Packer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, 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, Wil-
son.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Flora, Helgerson, Lloyd, O'Neal, Palmer, E. Peterson.

 The bill passed.

 Sub. HB 2704, An act concerning information technology; relating to development, man-
agement, coordination and planning for the utilization of the state's information technology
resources; establishing the information technology executive council, the office of chief
information technology architect and certain offices of chief information officer, and pre-
scribing the powers and duties thereof; abolishing the office of the chief information archi-
tect and the Kansas information resources council; transferring certain state officers; ren-
aming the joint committee on computers and telecommunications as the joint committee
on information technology and relating to the organization thereof; amending K.S.A. 46-
2101, 46-2102, 75-4703, 75-4707, 75-4709, 75-5147 and 76-3,100 and repealing the existing
sections; also repealing K.S.A. 75-4706, 75-4740, 75-4741, 75-4742, 75-4743 and 75-4744,
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.

 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, Flower, Franklin, Free-
born, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne,
Packer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, 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, Wil-
son.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Flora, Helgerson, Lloyd, O'Neal, Palmer, E. Peterson.

 The substitute bill passed.

 HCR 5034, A proposition to amend section 1 of article 11 of the constitution of the state
of Kansas, relating to the classification and taxation of aircraft and watercraft.

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 classification and the taxation uniformly as to class of recreational vehicles, in-
      cluding aircraft and watercraft, 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, mineral products, money, mort-
      gages, notes and other evidence of debt and grain. Property 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 aresidential community of mobile or manufactured homes including thereal property upon which such homes are located 111/2%
(2) Land devoted to agricultural use which shall be valued upon the basisof its agricultural income or agricultural productivity pursuant to section12 of article 11 of the constitution 30%
(3)Vacant lots 12%
(4) Real property which is owned and operated by a not-for-profit organi-zation not subject to federal income taxation pursuant to section 501 ofthe federal internal revenue code, and which is included in this subclassby law 12%
(5) Public utility real property, except railroad real property which shall beassessed at the average rate that all other commercial and industrialproperty is assessed 33%
(6) Real property used for commercial and industrial purposes and build-ings and other improvements located upon land devoted to agriculturaluse 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 gas lease-hold interests the average daily production from which is 100 mcf orless, which shall be assessed at 25% 30%
(3) Public utility tangible personal property including inventories thereof,except railroad personal property including inventories thereof, whichshall be assessed at the average rate all other commercial and industrialproperty is assessed 33%
(4) All categories of motor vehicles not defined and specifically valued andtaxed pursuant to law enacted prior to January 1, 1985 30%
(5) Commercial and industrial machinery and equipment which, if its ec-onomic life is seven years or more, shall be valued at its retail cost whennew less seven-year straight-line depreciation, or which, if its economiclife is less than seven years, shall be valued at its retail cost when newless straight-line depreciation over its economic life, except that, thevalue so obtained for such property, notwithstanding its economic lifeand 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 specificallyclassified 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 classify
      and tax aircraft and watercraft upon a basis different from other property.

       ``A vote for this proposition would permit the legislature to provide for separate
      classification and taxation of aircraft and watercraft and to exempt such property
      from property taxation and impose taxes in lieu thereof.''

       ``A vote against this proposition would continue the taxation of aircraft and water-
      craft in the same manner as all other property.''

    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, was considered on final action.

 On roll call, the vote was: Yeas 113; Nays 4; Present but not voting: 2; Absent or not
voting: 6.

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

 Nays: Correll, Feuerborn, Johnson, Klein.

 Present but not voting: Benlon, Garner.

 Absent or not voting: Flora, Helgerson, Lloyd, O'Neal, Palmer, E. Peterson.

 A two-thirds majority of the members elected to the House having voted in the affirmative, the resolution was adopted.

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

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

 Recommended that committee report to SB 488 be adopted; also, on motion of Rep.
Ray be amended on page 1, following line 32, by inserting the following:

    ``Sec. 2. K.S.A. 1997 Supp. 74-2012 is hereby amended to read as follows: 74-2012. (a)
All records of the division of vehicles shall be subject to the provisions of the open records
act except as otherwise provided under the provisions of this section and by K.S.A. 1997
Supp. 74-2022, and amendments thereto.

    (a) (b) All records of the division of vehicles relating to the physical or mental condition
of any person, to expungement or except as provided further, any photographs maintained
by the division of vehicles in connection with the issuance of drivers' licenses and nondrivers'
identification cards shall be confidential. Photographs or digital images maintained by the
division of vehicles in connection with the issuance of drivers' licenses shall be available to
law enforcement agencies for use in criminal investigations. Records of the division relating
to diversion agreements for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908, and
amendments thereto, shall be confidential and shall be disclosed by direct computer access
only to:

    (1) A city, county or district attorney, for the purpose of determining a person's eligibility
for diversion;

    (2) a municipal or district court, for the purpose of using the record in connection with
any matter before the court;

    (3) a law enforcement agency, for the purpose of supplying the record to a person
authorized to obtain it under paragraph (1) or (2) of this subsection; or

    (4) an employer when a person is required to retain a commercial driver's license due
to the nature of such person's employment.

    All other records of the division of vehicles shall be subject to the provisions of the open
records act except as otherwise provided by K.S.A. 1997 Supp. 74-2022 and amendments
thereto or this section.

    (c) The disclosure of information, including personal information, collected by the di-
vision of vehicles shall be prohibited, except under the following situations:

    (1) For use by any government agency, including any court or law enforcement agency,
in carrying out its functions, or any private person or entity acting on behalf of a federal,
state or local agency in carrying out its functions;
    (2) for use in connection with matters of motor vehicle or driver safety and theft; motor
vehicle emissions; motor vehicle product alterations; recalls, or advisories; performance mon-
itoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research
activities, including survey research; and removal of nonowner records from the original
owner records of motor vehicle manufacturers;
    (3) for use in the normal course of business by a legitimate business or its agents, em-
ployees or contractors, but only:
    (A) To verify the accuracy of personal information submitted by the individual to the
business or its agents, employees or contractors; and
    (B) if such information as so submitted is not correct or is no longer correct, to obtain
the correct information, but only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security interest against, the individual;
    (4) for use in connection with any civil, criminal, administrative or arbitral proceeding
in any federal, state or local court or agency or before any self-regulatory body, including
the service of process, investigation in anticipation of litigation, and the execution or en-
forcement of judgments and orders, or pursuant to an order of a federal, state or local court;
    (5) for use in research activities, and for use in producing statistical reports, so long as
the personal information is not published, redisclosed or used to contact individuals;
    (6) for use by any insurer or insurance support organization, or by a self-insured entity,
or its agents, employees or contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting;
    (7) for use in providing notice to the owners of towed or impounded vehicles;
    (8) for use by any licensed private investigative agency or licensed security service for
any purpose permitted under this subsection;
    (9) for use by any employer or its agent or insurer to obtain or verify information relating
to a holder of a commercial driver's license that is required under the Commercial Motor
Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
    (10) for use by any requester, if the requester demonstrates it has obtained the written
consent of the individual to whom the information pertains.

    (b) (d) Lists of persons' names and addresses Information, including personal infor-
mation, contained in or derived from records of the division of vehicles shall not be sold,
given or received for the purposes prohibited by K.S.A. 21-3914, and amendments thereto,
except that:

    (1) The director of vehicles may provide to a requesting party, and a requesting party
may receive, such a list and accompanying information, including personal information from
public records of the division upon written certification that the requesting party shall use
the list such information solely for the purpose of: (A) Assisting manufacturers of motor
vehicles in compiling statistical reports or in notifying owners of vehicles believed to: (i)
Have safety-related defects, (ii) fail to comply with emission standards or (iii) have any defect
to be remedied at the expense of the manufacturer; (B) assisting an insurer authorized to
do business in this state, or the insurer's authorized agent, in processing an application for,
or renewal or cancellation of, a motor vehicle liability insurance policy; or (C) assisting the
selective service system in the maintenance of a list of persons 18 to 26 years of age in this
state as required under the provisions of section 3 of the federal military selective service
act.

    (2) Any law enforcement agency of this state which has access to public records of the
division may furnish to a requesting party, and a requesting party may receive, such a list
and accompanying information, including personal information, from such records upon
written certification that the requesting party shall use the list solely for the purpose of
assisting an insurer authorized to do business in this state, or the insurer's authorized agent,
in processing an application for, or renewal or cancellation of, a motor vehicle liability
insurance policy.

    (c) (e) If a law enforcement agency of this state furnishes information to a requesting
party pursuant to paragraph (2) of subsection (b)(2) (d), the law enforcement agency shall
charge the fee prescribed by the secretary of revenue pursuant to K.S.A. 1997 Supp. 74-
2022, and amendments thereto, for any copies furnished and may charge an additional fee
to be retained by the law enforcement agency to cover its cost of providing such copies.
The fee prescribed pursuant to K.S.A. 1997 Supp. 74-2022, and amendments thereto, shall
be paid monthly to the secretary of revenue and upon receipt thereof shall be deposited in
the state treasury to the credit of the electronic databases fee fund, except for the $1 of the
fee for each record required to be credited to the highway patrol training center fund under
subsection (e) (g).

    (d) (f) The secretary of revenue, the secretary's agents or employees, the director of
vehicles or the director's agents or employees shall not be liable for damages caused by any
negligent or wrongful act or omission of a law enforcement agency in furnishing any infor-
mation obtained from records of the division of vehicles.

    (e) (g) A fee in an amount fixed by the secretary of revenue pursuant to K.S.A. 1997
Supp. 74-2022, and amendments thereto, of not less than $2 for each request for information
in the public records of the division concerning any vehicle or licensed driver shall be
charged by the division, except that the director may charge a lesser fee pursuant to a
contract between the secretary of revenue and any person to whom the director is authorized
to furnish information under paragraph (1) of subsection (b) (d), and such fee shall not be
less than the cost of production or reproduction of any information requested. Except for
the fees charged pursuant to a contract for title and registration records on vehicles au-
thorized by this subsection, $1 shall be credited to the highway patrol training center fund
for each record.

    (h) As used in this section ``personal information'' means information that identifies a
person, identification number, name, address, including information on vehicular accidents,
driving or equipment-related violations, but shall not include such information considered
confidential under subsection (b).

    (f) (i) The secretary of revenue may adopt such rules and regulations as are necessary
to implement the provisions of this section.'';

    By renumbering sections accordingly;

    Also on page 1, in line 33, by striking ``is'' and inserting ``and 74-2012 are''; in line 34, by
striking ``Jan-''; in line 35, by striking all preceding ``its'';

    In the title, in line 10, following ``to'' by inserting ``the division of vehicles; concerning
certain records; relating to''; in line 11, following ``8-1325'' by inserting ``and 74-2012''; also
in line 11, by striking ``section'' and inserting ``sections'';

 Also, on motion of Rep. Phill Kline SB 488 be amended on page 1, following line 32, by
inserting:

    ``Sec. 2. K.S.A. 1997 Supp. 8-243 is hereby amended to read as follows: 8-243. (a) Upon
payment of the required fee, the division shall issue to every applicant qualifying under the
provisions of this act the driver's license as applied for, which license shall bear thereon the
class or classes of motor vehicles which the licensee is entitled to drive, a distinguishing
number assigned to the licensee, which, if the licensee so requests in writing, may be the
licensee's social security number, the name, date of birth, residence address, and a brief
description of the licensee, a colored photograph of the licensee, a facsimile of the signature
of the licensee or a space upon which the licensee shall write such licensee's usual signature
with pen and ink immediately upon receipt of the license and the statement provided for
in subsection (b). No driver's license shall be valid until it has been signed by the licensee.
All drivers' licenses issued on and after July 1, 1994, to persons under the age of 21 years
shall be readily distinguishable from licenses issued to persons age 21 years or older. In
addition, all drivers' licenses issued on and after July 1, 1997, to persons under the age of
18 years shall also be readily distinguishable from licenses issued to persons age 18 years or
older. Except as otherwise provided, no driver's license issued by the division shall be valid
until a colored photograph of such licensee has been placed on the driver's license. The
secretary of revenue shall prescribe a fee of not more than $2 and upon payment of such
fee the division shall cause a colored photograph of such applicant to be placed on the
driver's license. Upon payment of such fee prescribed by the secretary of revenue, plus
payment of the fee required by K.S.A. 8-246, and amendments thereto, for issuance of a
new license, the division shall issue to such licensee a new license containing a colored
photograph of such licensee. A driver's license which does not contain a colored photograph
of the licensee as required may be issued to persons exempted from such requirement. Any
such license shall be valid for the purposes of the motor vehicle drivers' license act and the
division shall set forth upon such driver's license the words ``valid without photo.'' Any
person who is outside the state and for whom the division provides for renewal of the driver's
license by mail is exempt from the requirement to have a colored photograph of such person
placed on such person's driver's license. Any person belonging to a religious organization
which has a basic objection to having their picture taken may sign a statement to that effect
and such person shall then be exempt from the picture requirements of this section.

    (b) All Kansas drivers' licenses issued to any person 16 years of age or older shall contain
a form which provides a statement for making a gift of all or any part of the body of the
licensee in accordance with the uniform anatomical gift act, except as otherwise provided
by this subsection. The statement to be effective shall be signed by the licensee in the
presence of two witnesses who shall sign the statement in the presence of the donor. The
gift becomes effective upon the death of the donor. Delivery of the license during the donor's
lifetime is not necessary to make a valid gift. Any valid gift statement executed prior to July
1, 1994, shall remain effective until invalidated. The word ``Donor'' shall be placed on the
front of a licensee's driver's license, indicating that the statement for making an anatomical
gift under this subsection has been executed by such licensee.

    (c) On and after July 1, 1996, any person who is deaf or hard of hearing may request
that the division issue to such person a drivers' license which is readily distinguishable from
drivers' licenses issued to other drivers and upon such request the division shall issue such
license. Drivers' licenses issued to persons who are deaf or hard of hearing and under the
age of 21 years shall be readily distinguishable from drivers' licenses issued to persons who
are deaf or hard of hearing and 21 years of age or older.'';

    By renumbering sections accordingly;

    Also on page 1, in line 33, following ``Supp.'' by inserting ``8-243 and''; also in line 33, by
striking ``is'' and inserting ``are'';

    In the title, in line 10, following ``to'' by inserting ``the division of vehicles; concerning'';
also in line 10, following ``cards'' by inserting ``and drivers' licenses''; in line 11, following
``Supp.'' by inserting ``8-243 and''; also in line 11, by striking ``section'' and inserting ``sec-
tions'' and SB 488 be passed as amended

 Committee report to HB 2754 be adopted; and the bill be passed as amended.

 On motion of Rep. Gilmore SB 435 be amended on page 1, following line 14, by inserting
the following:

    ``Section 1. K.S.A. 1997 Supp. 21-3612 is hereby amended to read as follows: 21-3612.
(a) Contributing to a child's misconduct or deprivation is:

    (1) Causing or encouraging a child under 18 years of age to become or remain a child
in need of care as defined by the Kansas code for care of children;

    (2) causing or encouraging a child under 18 years of age to commit a traffic infraction
or an act which, if committed by an adult, would be a misdemeanor or to violate the pro-
visions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810 and amendments thereto;

    (3) failure to reveal, upon inquiry by a uniformed or properly identified law enforcement
officer engaged in the performance of such officer's duty or by such runaway's parent or
other custodian, any information one has regarding a runaway, with intent to aid the runaway
in avoiding detection or apprehension;

    (4) sheltering or concealing a runaway with intent to aid the runaway in avoiding de-
tection or apprehension by law enforcement officers;

    (5) causing or encouraging a child under 18 years of age to commit an act which, if
committed by an adult, would be a felony; or

    (6) causing or encouraging a child to violate the terms or conditions of the child's pro-
bation or conditional release pursuant to subsection (a)(1) of K.S.A. 38-1663, and amend-
ments thereto.

    Contributing to a child's misconduct or deprivation as described in subsection (a)(1), (2),
(3) or (6) is a class A nonperson misdemeanor. Contributing to a child's misconduct or
deprivation as described in subsection (a)(4) is a severity level 8, person felony. Contributing
to a child's misconduct or deprivation as described in subsection (a)(5) is a severity level 7,
person felony.

    (b) A person may be found guilty of contributing to a child's misconduct or deprivation
even though no prosecution of the child whose misconduct or deprivation the defendant
caused or encouraged has been commenced pursuant to the Kansas code for care of chil-
dren, Kansas juvenile justice code or Kansas criminal code.

    (c) As used in this section, ``runaway'' means a child under 18 years of age who is willfully
and voluntarily absent from:

    (1) The child's home without the consent of the child's parent or other custodian; or

    (2) a court ordered or designated placement, or a placement pursuant to court order,
if the absence is without the consent of the person with whom the child is placed or, if the
child is placed in a facility, without the consent of the person in charge of such facility or
such person's designee.

    (d) This section shall be part of and supplemental to the Kansas criminal code.'';

    And by renumbering the remaining sections accordingly;

    Also on page 1, in line 15, by striking ``Section'' and inserting ``Sec.'';

    On page 5, in line 17, after ``Supp.'' by inserting ``21-3612 and''; also in line 17, by striking
``is'' and inserting ``are'';

    In the title, on page 1, in line 11, before ``amending'' by inserting ``relating to a child's
misconduct;''; also in line 11, after ``Supp.'' by inserting ``21-3612 and''; in line 12, by striking
``section'' and inserting ``sections''

 Also, on motion of Rep. Phill Kline SB 435 be amended on page 1, following line 14 by
inserting the following:

    ``New Section 1. (a) No surety or bonding company shall employ or contract with any
person for the purpose of arresting, recapturing, returning to custody or surrendering any
defendant or fugitive, except as provided in this section and subject to the restrictions of
this section.

    (b) No surety or bonding company, or any of its employees or agents, shall be immune
or exempt from any law or cause of action by virtue of their surety relationship to any
defendant or fugitive except that such surety or bonding company, and its employees and
agents, may use reasonable force to retake a defendant or fugitive for whom a warrant has
been issued for the purposes of surrender on such warrant.

    (c) For the purpose of retaking a defendant or fugitive who is not charged with a felony
violation, no employee or agent of a surety or bonding company shall forcibly enter or remain
within any occupied structure without valid consent of the defendant or the owner or oc-
cupant of such structure, or use deadly force or the threat of deadly force.

    (d) Any surety or bonding company charging a fee for services shall maintain general
liability insurance insuring for such damages of $350,000 per occurrence, and otherwise
shall not enter into any agreement with any person to insure, compensate or hold harmless
such surety or bonding company for such liability.

    (e) No attempt shall be made to retake any defendant or fugitive until notice shall be
given to the police department of the city where the defendant or fugitive is located or, if
not within a city, the sheriff of the county.

    (f) As used in this section, the term ``agent'' shall include a bounty hunter.'';

    And by renumbering remaining sections accordingly;

    Also on page 1, in line 15, by striking ``Section'' and inserting ``Sec.'';

    In the title, on page 1, in line 11, before ``amending'' by inserting ``relating to bail bond-
spersons and their agents;'';

 Also roll call was demanded on motion of Rep. Franklin to amend SB 435 on page 5,
following line 16, by inserting the following sections:

    ``Sec. 2. K.S.A. 21-3427 is hereby amended to read as follows: 21-3427. (a) Aggravated
robbery is a robbery, as defined in K.S.A 21-3426 and amendments thereto, committed by
a person:
    (1) Who is armed with a dangerous weapon or;
    (2) who inflicts bodily harm upon any person in the course of such robbery; or
    (3) who is armed with a firearm, inflicts great bodily harm upon any person in the
course of such robbery and the property taken was a vehicle.

    (b) Aggravated robbery as defined in subsection (a)(1) or (a)(2) is a severity level 3,
person felony. Aggravated robbery as defined in subsection (a)(3) is a severity level 1, person
felony.

    Sec. 3. K.S.A. 1997 Supp. 21-4219 is hereby amended to read as follows: 21-4219. (a)
Criminal discharge of a firearm at an unoccupied dwelling is the malicious, intentional and
unauthorized discharge of any firearm at an unoccupied dwelling.

    Criminal discharge of a firearm at an unoccupied dwelling is a severity level 8, person
felony.

    (b) (1) Except as provided in K.S.A. 21-3411, and amendments thereto, criminal dis-
charge of a firearm at an occupied building or occupied vehicle is the malicious, intentional
and unauthorized discharge of a firearm at a dwelling, building, structure, motor vehicle,
aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment
or rolling stock or other means of conveyance of persons or property in which there is a
human being.

    (2) Criminal discharge of a firearm at an occupied building or occupied vehicle is a
severity level 7, person felony.

    (3) Criminal discharge of a firearm at an occupied building or occupied vehicle which
results in bodily harm to a person during the commission thereof is a severity level 5 3,
person felony.

    (4) Criminal discharge of a firearm at an occupied building or occupied vehicle which
results in great bodily harm to a person during the commission thereof is a severity level 3
1, person felony.

    (c) This section shall be part of and supplemental to the Kansas criminal code.

    Sec. 4. K.S.A. 21-4635 is hereby amended to read as follows: 21-4635. (a) Except as
provided in K.S.A. 21-4634, (1) if a defendant is convicted of the crime of capital murder
and a sentence of death is not imposed, or ; (2) if a defendant is convicted of murder in the
first degree based upon the finding of premeditated murder,; (3) if a defendant is convicted
of murder in the first degree or murder in the second degree based on the commission of,
attempt to commit or flight from: (A) The criminal discharge of a firearm at an occupied
building or vehicle, pursuant to subsection (b) of K.S.A. 21-4219 and amendments thereto;
or (B) aggravated robbery, pursuant to subsection (a)(3) of K.S.A. 21-3427, and amendments
thereto, which results in death to a person, the court shall determine whether the defendant
shall be required to serve a mandatory term of imprisonment of 40 years or sentenced as
otherwise provided by law.

    (b) In order to make such determination, the court may be presented evidence con-
cerning any matter that the court deems relevant to the question of sentence and shall
include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-
4636 and any mitigating circumstances. Any such evidence which the court deems to have
probative value may be received regardless of its admissibility under the rules of evidence,
provided that the defendant is accorded a fair opportunity to rebut any hearsay statements.
Only such evidence of aggravating circumstances as the state has made known to the de-
fendant prior to the sentencing shall be admissible and no evidence secured in violation of
the constitution of the United States or of the state of Kansas shall be admissible. No
testimony by the defendant at the time of sentencing shall be admissible against the de-
fendant at any subsequent criminal proceeding. At the conclusion of the evidentiary pres-
entation, the court shall allow the parties a reasonable period of time in which to present
oral argument.

    (c) If the court finds that one or more of the aggravating circumstances enumerated in
K.S.A. 21-4636 and amendments thereto exist and, further, that the existence of such ag-
gravating circumstances is not outweighed by any mitigating circumstances which are found
to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4638 and amendments
thereto; otherwise, the defendant shall be sentenced as provided by law. The court shall
designate, in writing, the statutory aggravating circumstances which it found. The court may
make the findings required by this subsection for the purpose of determining whether to
sentence a defendant pursuant to K.S.A. 21-4638 notwithstanding contrary findings made
by the jury or court pursuant to subsection (e) of K.S.A. 21-4624 and amendments thereto
for the purpose of determining whether to sentence such defendant to death.'';

    And by renumbering the remaining sections accordingly;

    Also on page 5, in line 17, following ``K.S.A.'' by inserting ``21-3427 and 21-4635 and
K.S.A.''; also in line 17, following ``Supp.'' by inserting ``21-4219 and''; also in line 17, by
striking ``is'' and inserting ``are'';

    In the title, in line 11, after the semicolon by inserting ``relating to criminal discharge of
a firearm; relating to aggravated battery;''; also in line 11, following ``K.S.A.'' by inserting
``21-3427 and 21-4635 and K.S.A.''; also in line 11, following ``Supp.'' by inserting ``21-4219
and''; in line 12, by striking ``section'' and inserting ``sections'';

 On roll call, the vote was: Yeas 109; Nays 1; Present but not voting: 0; Absent or not
voting: 15.

 Yeas: Adkins, Alldritt, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell,
Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Fa-
ber, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst,
Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Myers, Neufeld,
O'Connor, Osborne, Packer, Pauls, 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, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: Phil Kline.

 Present but not voting: None.

 Absent or not voting: Allen, Ballou, Carmody, Flora, Gilmore, Helgerson, Kirk, Klein,
Lloyd, Morrison, Nichols, O'Neal, Palmer, E. Peterson, Spangler.

 The motion of Rep. Franklin prevailed, and SB 435 be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Business, Commerce and Labor recommends Substitute for SB
573, as amended by Senate Committee of the Whole, be amended on page 1, in line 29,
after ``the'' the second time it appears, by inserting ``telephone''; in line 31, by striking ``or''
and inserting a comma; also in line 31, after ``employee'' the second time it appears, by
inserting ``or an independent contractor'';

    On page 2, after line 29, by inserting on additional subsection as follows:

    ``(e) A telephone solicitor shall not obtain by use of any professional delivery, courier
or other pickup service receipt or possession of a consumer's payment unless the goods are
delivered with the opportunity to inspect before any payment is collected.'';

    Also on page 2, in line 30, by striking ``(e)'' and inserting ``(f)''; in line 32, by striking ``(f)''
and inserting ``(g)''; in line 34, by striking ``(g)'' and inserting ``(h)'';

    On page 3, in line 24, by striking the first ``or'' and inserting ``and''; and the substitute bill
be passed as amended.

 The Committee on Governmental Organization and Elections recommends SB 397
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 Rules and Journal recommends HR 6015 be adopted.

 On motion of Rep. Jennison, the House adjourned until 10:30 a.m., Tuesday, March 17,
1998.

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