March 17, 1998


Journal of the House


FORTY-FOURTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Tuesday, March 17, 1998, 10:30 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 123 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. E. Peterson was excused on excused absence by the Speaker.

 Prayer by The Most Reverend James P. Keleher, Metropolitan Archbishop of Kansas,
Kansas City, and guest of Rep. Toplikar:

       Patrick is always remembered for the beautiful shamrock which he used to dem-
      onstrate one of the deepest mysteries of Christianity. With its three leaves on the
      one stem it provided a graphic example of the unity of God and the diversity of
      persons.

     
And so let us pray
       Lord, today we honor your servant Patrick here in this distinguished House of
      Representatives. Through the shimmering green shamrock you taught your people
      the beauty of Unity and Diversity. You instilled in them a sense of being not just so
      many competing clans and warring tribes but You gave them a genuine sense of
      national family. They were blessed to experience deeply the meaning of family
      whether in their Church or in their little towns or on their tiny farms or within their
      humble cottages. You instilled in them the powerful lesson of the need for unity and
      diversity in building enduring family life.

       Through Patrick You also taught the great lesson that the vitality of family life
      depends on embracing a high moral code which will be honored in practice and then
      passed on from generation to generation . . . (tri-stars)rough him you revealed that only
      by an ethic of love and self sacrifice could married life and family unity thrive.

       And so we pray that in our State of Kansas the faith of our people will burn brightly
      as did Saint Patrick's. May our Faith create a sense of family throughout this great
      State. May it beget a spirit of true family that comes from caring for each other and
      respecting our diversities while sacrificing for our unity. Then we will be able to
      point with pride to what Kansans do for each other, we will be able to promote
      harmony and tranquility in our homes and in our common enterprises. Then we will
      have learned the full lesson of the beautiful and shimmering green shamrock. . . .

       Finally, grant to this honorable body of legislators the will and wisdom to model
      this spirit of family for all of us and to promote it through the rule of law. Amen,
      amen, so be it so may it be. . . .

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were introduced and read by title:

 HB 3012, An act concerning the department of social and rehabilitation services; relating
to foster care services and contracts with service providers, by Committee on Appropriations.

 HB 3013, An act concerning the council on travel and tourism; transferring the powers
and duties of the division of travel and tourism development to the council on travel and
tourism; establishing the council on travel and tourism as a separate state agency; abolishing
the division of travel and tourism development of the department of commerce and housing;
amending K.S.A. 73-2103, 74-5090 and 74-9202 and K.S.A. 1997 Supp. 74-5089, 74-5091,
74-9001, 74-9002 and 74-9003 and repealing the existing sections; also repealing K.S.A. 74-
5032 and 74-5032a, by Committee on Appropriations.

COMMUNICATIONS FROM STATE OFFICERS
 From Mark S. Beck, Director of Property Valuation, in accordance with K.S.A. 1996
Supp. 79-1490, 1997 Preliminary Real Estate Appraisal/Sales Ratio Study.

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

MESSAGE FROM THE SENATE
 The Senate nonconcurs in House amendments to SB 416, requests a conference and has
appointed Senators Salisbury, Steffes and Barone as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2249 and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 416.

 Speaker pro tem Wagle thereupon appointed Reps. Mason, Vickrey and Henderson as
conferees on the part of the House.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
 On motion of Rep. Pottorff, HR 6017, A resolution in memory of Garner Shriver, was
adopted.

 On motion of Rep. Pottorff, HR 6018, A resolution in memory of Edward F. Arn, was
adopted.

CONSENT CALENDAR
 No objection was made to SB 397 appearing on the Consent Calendar for the first day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2754, An act concerning mobile homes; relating to mobile home piers; amending
K.S.A. 75-1230 and 75-1231 and repealing the existing sections, was considered on final
action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 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, 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, Kejr, Kirk, Klein, 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, O'Neal, Osborne, Packer, Palmer, 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: None.

 Present but not voting: None.

 Absent or not voting: Lloyd, E. Peterson.

 The bill passed, as amended.

 SB 435, An act concerning crimes, criminal procedure and penalties; relating to author-
ized dispositions; sentencing upon commission of new felony while on release; relating to a
child's misconduct; relating to bail bondspersons and their agents; relating to criminal dis-
charge of a firearm; relating to aggravated battery; amending K.S.A. 21-3427 and 21-4635
and K.S.A. 1997 Supp. 21- 3612 and 21-4219 and 21-4603d and repealing the existing
sections, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 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, 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, Kejr, Kirk, Klein, 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, O'Neal, Osborne, Packer, Palmer, 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: None.

 Present but not voting: None.

 Absent or not voting: Lloyd, E. Peterson.

 The bill passed, as amended.

 SB 488, An act relating to the division of vehicles; concerning certain records; relating
to nondriver identification cards and drivers' licenses; amending K.S.A. 1997 Supp. 8-243
and 8-1325 and 74-2012 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 115; Nays 8; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, M. Long, P.
Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.

 Nays: Correll, Dillon, Flaharty, Hayzlett, Larkin, Sawyer, Shore, Welshimer.

 Present but not voting: None.

 Absent or not voting: Lloyd, E. Peterson.

 The bill passed, as amended.

EXPLANATION OF VOTE
 Mr. Speaker: I vote NO on SB 488, the ``DISHONEST USED CAR DEALER'S
DREAM-COME-TRUE BILL,'' and the REPUTABLE CAR DEALER'S WORST
NIGHTMARE BILL.'' This bill closes access to the chain of title which is the identity and
number of previous owners, origin of the vehicle and wreck or salvage history on cars from
out of state. The bill removes the fear of being found out for the dishonest dealer who
misrepresents the merchandise and prevents the reputable dealer from verifying trade-ins.

 Removing the public access to vehicle title search with SB 488 is harmful and unfair to
consumers. I vote NO.--Gwen Welshimer

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Hayzlett, the House concurred in Senate amendments to HB 2687,
An act concerning vehicles; relating to terminal rent adjustment clauses.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 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, 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, Kejr, Kirk, Klein, 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, O'Neal, Osborne, Packer, Palmer, 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: None.

 Present but not voting: None.

 Absent or not voting: Lloyd, E. Peterson.

 On motion of Rep. Larkin to concur in Senate amendments to HB 2249, the motion did
not prevail and the bill remains in conference.

 On roll call, the vote was: Yeas 2; Nays 121; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Ballou, Neufeld.

 Nays: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, 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, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, 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, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Present but not voting: None.

 Absent or not voting: Lloyd, E. Peterson.

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

COMMITTEE OF THE WHOLE
 On motion of Rep. Correll, Committee of the Whole report, as follows, was adopted:
 Recommended that SB 504, 474; HB 2876 be passed.

 Committee report to SB 198 be adopted and the bill be passed as amended.

 Committee report to SB 485 be adopted; also, on motion of Rep. Haley be amended on
page 2, following line 31, by inserting ``(51) ketamine hydrochloride'';

 Also, roll call was demanded on motion of Rep. Garner to amend SB 485 on page 3,
following line 40, by inserting the following:

    ``Sec. 2. K.S.A. 1997 Supp. 65-4113 is hereby amended to read as follows: 65-4113. (a)
The controlled substances or drugs, by whatever official name, common or usual name,
chemical name or brand name designated, listed in this section are included in schedule V.

    (b) Unless specifically excepted or unless listed in another schedule, any material, com-
pound, mixture or preparation containing the following narcotic drug or its salts:

    Buprenorphine 9064
    (c) Any compound, mixture or preparation containing limited quantities of any of the
following narcotic drugs which also contains one or more nonnarcotic active medicinal in-
gredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:

    (1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per
100 grams.

    (2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters
or per 100 grams.

    (3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters
or per 100 grams.

    (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit.

    (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

    (6) Not more than .5 milligram of difenoxin (9168) and not less than 25 micrograms of
atropine sulfate per dosage unit.

    (d) Unless specifically excepted or unless listed in another schedule, any material, com-
pound, mixture or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers (whether
optical, position or geometric) and salts of such isomers whenever the existence of such
salts, isomers and salts of isomers is possible within the specific chemical designation:

    (1) Propylhexedrine (except when part of a compound used for nasal decongestion which is authorized to be sold lawfully over the counter withouta prescription under the federal food, drug and cosmetic act, so long asit is used only for such purpose) 8161
    (2)Pyrovalerone 1485
    (e) Unless specifically excepted or unless listed in another schedule, any product con-
taining as its single an ingredient the substance Ephedrine. its salts, optical isomers, or salts
of optical isomers, except the following:
    (1) Solid oral dosage forms, including soft gelatin caplets, that combine each recom-
mended dose: 25 milligrams of ephedrine and 400 milligrams of guaifenesin, according to
label instructions and are packaged in blister packs of not more than two tablets per blister;
or
    (2) Anorectal preparations containing less than 5% ephedrine.'';

    And by renumbering sections accordingly;

    Also on page 3, in line 41, by striking ``is'' and inserting ``and 65-4113 are'';

    On page 1, in the title, in line 11, after ``65-4111'' by inserting ``and 65-4113''; also in line
11, by striking ``section'' and inserting ``sections'';

 On roll call, the vote was: Yeas 89; Nays 31; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Benlon, Burroughs, Campbell, Compton,
Cook, Correll, Crow, Dahl, Dean, Dillon, Edmonds, Farmer, Feuerborn, Findley, Flaharty,
Flora, Franklin, Garner, Gilbert, Gilmore, Grant, Gregory, Haley, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Johnston, Kirk, Klein, Phill Kline,
Krehbiel, Kuether, Landwehr, Larkin, M. Long, P. Long, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Nichols, O'Neal, Pauls, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilson.

 Nays: Aurand, Beggs, Boston, Carmody, Cox, Dreher, Empson, Faber, Freeborn, Ger-
inger, Glasscock, Hayzlett, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Lane, Mason,
Mayans, Mollenkamp, Morrison, Neufeld, O'Connor, Osborne, Palmer, J. Peterson, Sa-
muelson, Shore, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: Flower, Lloyd, Myers, Packer, E. Peterson.

 The motion of Rep. Garner prevailed; and SB 485 be passed as amended.

 Committee report to SB 449 be adopted; also, on motion of Rep. Farmer be amended
on page 2, after line 12, by inserting the following:

    ``Sec. 2. K.S.A. 21-4626 is hereby amended to read as follows: 21-4626. Mitigating cir-
cumstances shall include, but are not limited to, the following:

    (1) The defendant has no significant history of prior criminal activity.

    (2) The crime was committed while the defendant was under the influence of extreme
mental or emotional disturbances.

    (3) The victim was a participant in or consented to the defendant's conduct.

    (4) The defendant was an accomplice in the crime committed by another person, and
the defendant's participation was relatively minor.

    (5) The defendant acted under extreme distress or under the substantial domination of
another person.

    (6) The capacity of the defendant to appreciate the criminality of the defendant's con-
duct or to conform the defendant's conduct to the requirements of law was substantially
impaired.

    (7) The age of the defendant at the time of the crime.

    (8) At the time of the crime, the defendant was suffering from post-traumatic stress
syndrome caused by violence or abuse by the victim.

    (9) A term of imprisonment is sufficient to defend and protect the people's safety from
the defendant.'';

    And by renumbering sections accordingly;

    On page 3, in line 11, following ``21-3107'' by inserting ``, 21-4626'';

    On page 1, in the title, in line 13, after the semicolon, by inserting ``relating to the sentence
of death; relating to mitigating circumstances;''; also in line 13, after ``21-3107'' by inserting
``, 21-4626'';

 Also, roll call was demanded on motion of Rep. Haley to amend SB 449 on page 3,
following line 10, by inserting the following:

    ``Sec. 3. K.S.A. 1997 Supp. 21-4310 is hereby amended to read as follows: 21-4310. (a)
Cruelty to animals is:

    (1) Intentionally killing, injuring, maiming, torturing or mutilating any animal;

    (2) abandoning or leaving any animal in any place without making provisions for its
proper care;

    (3) having physical custody of any animal and failing to provide such food, potable water,
protection from the elements, opportunity for exercise and other care as is needed for the
health or well-being of such kind of animal; or

    (4) intentionally using a wire, pole, stick, rope or any other object to cause an equine
to lose its balance or fall, for the purpose of sport or entertainment.

    (b) The provisions of this section shall not apply to:

    (1) Normal or accepted veterinary practices;

    (2) bona fide experiments carried on by commonly recognized research facilities;

    (3) killing, attempting to kill, trapping, catching or taking of any animal in accordance
with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;

    (4) rodeo practices accepted by the rodeo cowboys' association;

    (5) the humane killing of an animal which is diseased or disabled beyond recovery for
any useful purpose, or the humane killing of animals for population control, by the owner
thereof or the agent of such owner residing outside of a city or the owner thereof within a
city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed
veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated
humane society, the operator of an animal shelter or pound, a local or state health officer
or a licensed veterinarian three business days following the receipt of any such animal at
such society, shelter or pound;

    (6) with respect to farm animals, normal or accepted practices of animal husbandry;

    (7) the killing of any animal by any person at any time which may be found outside of
the owned or rented property of the owner or custodian of such animal and which is found
injuring or posing a threat to any person, farm animal or property;

    (8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer
gun, using such gun with the appropriate dosage for the size of the animal, when such
animal is vicious or could not be captured after reasonable attempts using other methods;
or

    (9) laying an equine down for medical or identification purposes.

    (c) As used in this section, ``equine'' means a horse, pony, mule, jenny, donkey or hinny.

    (d) Cruelty to animals is a class A nonperson misdemeanor severity level 10, nonperson
felony.'';

    And by renumbering the remaining sections accordingly;

    Also on page 3, in line 11, after ``22-3414'' by inserting ``and K.S.A. 1997 Supp. 21-4310'';

    In the title, in line 13, before ``amending'' by inserting ``relating to cruelty to animals;'';
also in line 13, after the second ``and'' by inserting ``K.S.A. 1997 Supp. 21-4310 and'';

 On roll call, the vote was: Yeas 86; Nays 27; Present but not voting: 0; Absent or not
voting: 12.

 Yeas: Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody,
Compton, Cook, Cox, Dean, Dillon, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty,
Franklin, Garner, Gilbert, Gilmore, Glasscock, Grant, Haley, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk,
Klein, Phil Kline, Phill Kline, Kuether, Lane, M. Long, P. Long, Mays, McCreary, Morrison,
Myers, Nichols, O'Neal, Palmer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray,
Reardon, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Showalter, Shultz, Sloan, Span-
gler, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Aurand, Correll, Crow, Dahl, Dreher, Flora, Freeborn, Geringer, Gregory, Hay-
zlett, Kejr, Krehbiel, Larkin, Mason, McClure, McKinney, Minor, Mollenkamp, Neufeld,
O'Connor, Osborne, Reinhardt, Schwartz, Shore, Shriver, Thimesch, Weber.

 Present but not voting: None.

 Absent or not voting: Adkins, Ballou, Edmonds, Flower, Jennison, Landwehr, Lloyd,
Mayans, McKechnie, Packer, E. Peterson, Powers.

 The motion of Rep. Haley prevailed; and SB 449 be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Environment recommends SB 483, as amended by Senate Com-
mittee, be passed.

 The Committee on Environment recommends HB 2499 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

 The Committee on Federal and State Affairs recommends SB 460, as amended by
Senate Committee, be passed.

 The Committee on Federal and State Affairs recommends HB 2886 be amended on
page 1, in line 33, by striking ``military style''; in line 37, by striking ``or'' and inserting a
comma; also in line 37, after ``manages'' by inserting ``or uses'';

    On page 2, in line 1, after ``operates'' by inserting ``, manages'';

    On page 3, in line 4, by striking all after the period; by striking all in lines 5 through 8
and inserting ``Nothing in this section shall otherwise prevent a determination of comparative
negligence pursuant to K.S.A. 60-258a and amendments thereto.''; and the bill be passed
as amended.

 The Committee on Governmental Organization and Elections recommends SB 489,
as amended by Senate Committee, be passed.

    The Committee on Governmental Organization and Elections recommends SB 561,
as amended by Senate Committee, be amended on page 1, in line 19, by striking all after
``building''; by striking all in lines 20 and 21; in line 22, by striking all before the period;

    On page 2, following line 12, by inserting:

    ``(e) For purposes of this act, manufactured homes as defined in K.S.A. 58-4202, and
amendments thereto, shall be subject to the federal, manufactured home construction and
safety standards established pursuant to 42 U.S.C. § 5403 in lieu of the standards set forth
herein. Owners and occupants of such manufactured homes shall be subject to the testing
and maintenance standards for smoke detectors required under this act.'';

    By relettering subsections accordingly; and the bill be passed as amended.

 The Committee on Health and Human Services recommends SB 506 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.

REPORT ON ENGROSSED BILLS
 HB 2754 reported correctly engrossed March 16, 1998.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday, March
18, 1998.

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