March 27, 1998


Journal of the House


FIFTY-SECOND DAY
______
Hall of the House of Representatives, Topeka, KS,
Friday, March 27, 1998, 9:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 124 members present.

 Rep. Lloyd was excused on verified illness.

 Prayer by guest chaplain, the Rev. Nathan Butler, pastor, First Southern Baptist Church,
Junction City, guest and son-in-law of Rep. Geringer:

       Our Heavenly Father, we acknowledge that you are an awesome God. We lift our
      hearts toward heaven asking you to bless this country and this state.

       In the Book of Daniel we read how Daniel, Shadrach, Meshach and Abendego
      resolved not to defile themselves. They kept to their beliefs, their faith and their
      morals, even in the face of danger and persecution.

       Father, I ask that You grant the men and women of this legislative body the same
      resolve. That they do what is right for our great State of Kansas.

       Now Lord, as they begin today's business at hand, be with them. Give them an
      ear to listen, a mind to understand and a heart to do what is right.

       Father, thank you most of all for Your Son Jesus the Christ. For it's in His name
      we pray, Amen.

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

 Committee of the Whole: HCR 5054.

 Federal and State Affairs: HB 3022.

 Taxation: HB 3023.

MESSAGE FROM THE SENATE
 Announcing passage of SB 599.

 Announcing passage of HB 2408, 2683, 2742, 2765, 2789, 2813, 2831, 2838, 2970,
3005.

 Also, announcing passage of HB 2419, as amended; Sub. HB 2630, as amended; HB
2636, as amended; HB 2729, as amended; HB 2782, as amended; HB 2837, as amended;
HB 2854, as amended; HB 2867, as amended; HB 2868, as amended; HB 2877, as
amended; HB 2899, as amended; HB 2902, as amended.

 Also, announcing adoption of HCR 5042, as amended.

 The Senate adopts conference committee report on SB 9.

 The Senate accedes to the request of the House for a conference on HB 2534 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bill was thereupon introduced and read by title:

 SB 599.

CONSENT CALENDAR
 No objection was made to HB 3019 appearing on the Consent Calendar for the second
day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2603, An act concerning state energy conservation improvements; fiscal year limi-
tation; amending K.S.A. 75-37,114 and repealing the existing section, was considered on
final action.

 On roll call, the vote was: Yeas 118; Nays 6; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, 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, Minor,
Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Pe-
terson, 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, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Edmonds, Howell, McKinney, Neufeld, Nichols, Spangler.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 HB 2969, An act establishing the quality enhancement wage pass-through program for
nursing facilities, was considered on final action.

 On roll call, the vote was: Yeas 111; Nays 12; Present but not voting: 1; Absent or not
voting: 1.

 Yeas: 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, Garner,
Gilbert, Gilmore, 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, Larkin, M. Long, P. Long,
Mason, Mayans, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Mor-
rison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, 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, Weiland, Wells,
Welshimer, Wempe, Wilk.

 Nays: Ballou, Freeborn, Geringer, Glasscock, Lane, Mays, Packer, Pottorff, Powers,
Presta, Weber, Wilson.

 Present but not voting: Powell.

 Absent or not voting: Lloyd.

 The bill passed.

 HB 3007, An act concerning the Kansas wheat commission; creating the wheat research
reserve fund, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed.

 HB 3014, An act concerning the transportation of hazardous materials; authorizing cer-
tain federal exemptions, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 HCR 5039, A PROPOSITION to amend section 1 of article 11 of the constitution of
the state of Kansas.

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 by
      law for limitations upon the increase from one taxable period to the next such period
      of the appraised valuation of all or any subclass of real property. The legislature may
      provide for the classification and the taxation uniformly as to class of recreational
      vehicles, as defined by the legislature, or may exempt such class from property tax-
      ation 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 oth-
      erwise hereinafter specifically provided, mineral products, money, mortgages, 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 pre-
      scribed 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 subclas-
      sification 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 a res-idential community of mobile or manufactured homes including the realproperty upon which such homes are located 11 1/2%
(2)Land devoted to agricultural use which shall be valued upon the basis ofits agricultural income or agricultural productivity pursuant to section 12of 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 industrial prop-erty is assessed 33%
(6)Real property used for commercial and industrial purposes and buildingsand other improvements located upon land devoted to agricultural use25%
(7)All other urban and rural real property not otherwise specifically sub-classified 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 or less,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 eco-nomic 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% ofthe retail cost when new of such property 25%
(6)All other tangible personal property not otherwise specifically classified30%
    (b) (1) Except as otherwide provided by paragraph (2) of this subsection, the appraised
valuation of all real property, other than land devoted to agricultural use, shall not increase
from one taxable year to the next such year by a percentage exceeding the percentage by
which the average consumer price index for all urban consumers published by the federal
department of labor as of the close of the 12-month period ending on August 31 of the first
calendar year preceding the appropriate taxable year exceeds such index as of such period
ending on August 31 of the second calendar year preceding the appropriate taxable year.
    (2) The appraised valuation for new or newly improved real property shall, in its initial
year of valuation, be based upon the comparison with values of other real property of known
or recognized value which is subject to the provisions of paragraph (1).
    (b) (c) All property used exclusively for state, county, municipal, literary, educational,
scientific, religious, benevolent and charitable purposes, farm machinery and equipment,
merchants' 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 provide
      limitations upon the increase of the appraised valuation of real property subject to
      taxation.

       ``A vote for this proposition would allow pursuant to enactment by the legislature
      the limiting of real estate appraised valuation increases from one tax period to an-
      other.

       ``A vote against this proposition would maintain the current system of property
      taxation.''

    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 83; Nays 41; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Ballard, Ballou, Beggs, Burroughs, Carmody, Compton, Cook, Cox, Crow,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flower, Franklin,
Garner, Geringer, Gilmore, Glasscock, Gregory, Haley, Helgerson, Horst, Howell, Huff,
Humerickhouse, Hutchins, Johnson, Johnston, Klein, Phill Kline, Kuether, Landwehr, Lane,
M. Long, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, Mollenkamp, Morrison,
Myers, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Ray, Ruff, Schwartz, Shallenburger, Sharp, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Wilk, Wilson.

 Nays: Alldritt, Allen, Aurand, Benlon, Boston, Campbell, Correll, Dean, Dillon, Flaharty,
Flora, Freeborn, Gilbert, Grant, Hayzlett, Henderson, Henry, Holmes, Jennison, Kejr, Kirk,
Phil Kline, Krehbiel, Larkin, McClure, McKinney, Minor, Neufeld, Pauls, E. Peterson,
Reardon, Reinhardt, Samuelson, Sawyer, Shore, Showalter, Shriver, Weiland, Wells, Wel-
shimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 Two-thirds majority of the members elected to the House not having voted in the affir-
mative, the resolution was not adopted.

EXPLANATIONS OF VOTE
 Mr. Speaker: I vote No on HCR 5039. This bill would give control over setting Kansas
tax policy to the federal government by tying appraisal rates to the federal consumer price
index. The consumer price index is no better determination of an individual's ability to pay
than the fair market value is.

 This bill would tie the hands of local appraisers. This is simply a bad bill.--Bob Grant,
Vernon Correll, Herman Dillon

 Mr. Speaker: I voted ``yes'' on HCR 5039. It was a vote for the people of Kansas. It
was a vote against a government with a tax system that is out of control--a tax system being
managed by computers whose software packages are not open.

 The people need a voice against such practices and I stand on their side, against the
intrusiveness of government--against a policy that may force them out of their homes.

 I came here Mr. Speaker to cast my vote and raise my voice on their behalf. And as God
gives me breath, I will come here again on another day on their behalf.--Ralph M. Tanner

 Mr. Speaker: I vote No on HCR 5039. If you lower the tax burden on one area, the
inevitable result is an increase somewhere else. This bill will cause a shift, reducing taxes in
areas of growth and prosperity and raising taxes in areas where there is little growth or
economic development.

 I feel it is wrong to ask communities that are experiencing declining property values to
pick up the burden of providing tax breaks for those communities lucky enough to be
experiencing growth.--Tom Sawyer, Bill Reardon, Ruby Gilbert, Gwen Welshimer

 HR 6008, A resolution urging Kansas, Inc. to conduct a study of international and national
trade opportunities; relating to the production, marketing and shipping of Kansas products
to such markets, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The resolution was adopted, as amended.

 SB 129, An act concerning the secretary of aging; older Americans act programs; senior
care act; long-term care programs; department on aging; amending K.S.A. 75-5908, 75-
5910, 75-5928 and 75-5945 and repealing the existing sections; also repealing K.S.A. 75-
5935, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed.

 SB 421, An act concerning the taxation of motor vehicle fuels; imposing incidence of tax
on the distributor; amending K.S.A. 79-3407, 79-3408, 79-3408c, 79-3409 and 79-3412 and
repealing the existing sections; also repealing K.S.A. 79-3408g, was considered on final
action.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 1; Absent or not
voting: 1.

 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, 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, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.

 Nays: Kirk, Spangler.

 Present but not voting: Shriver.

 Absent or not voting: Lloyd.

 The bill passed.

 H. Sub. for SB 439, An act concerning accident and health insurance; amending K.S.A.
40-19c06, 40-2209g, 40-2209m, 40-2241, 40-3207, 40-3208, 40-3210, 40-3211, 40-3213, 40-
3214, 40-3215, 40-3219, 40-3220 and 40-3221 and K.S.A. 1997 Supp. 40-1909, 40-19c09,
40-2122, 40-2209, 40-2209d, 40-2209e, 40-2209f, 40-2228, 40-3202, 40-3203, 40-3204,
40-3209 and 40-3225 and repealing the existing sections; also repealing K.S.A. 40-2209k
and 40-22091, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 1; Absent or not
voting: 1.

 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, 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, 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: None.

 Present but not voting: Franklin.

 Absent or not voting: Lloyd.

 The substitute bill passed, as amended.

 SB 487, An act concerning Kansas Venture Capital, Inc.; providing a means for the
redemption of the state's investment therein; amending K.S.A. 74-8203 and 74-8303 and
K.S.A. 1997 Supp. 74-8205, 74-8206, 74-8304, 74-8307 and 74-8401 and repealing the ex-
isting sections, was considered on final action.

 On roll call, the vote was: Yeas 69; Nays 55; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Allen, Ballard, Boston, Carmody, Compton, Cook, Cox, Dahl, Dreher, Faber, Far-
mer, Findley, Flower, Franklin, Freeborn, Gilmore, Glasscock, Gregory, Hayzlett, Henry,
Holmes, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Kuether,
Lane, P. Long, Mason, Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Pow-
ell, Presta, Ray, Reinhardt, Schwartz, Sharp, Shore, Shultz, Sloan, Stone, Tanner, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk.

 Nays: Adkins, Alldritt, Aurand, Ballou, Beggs, Benlon, Burroughs, Campbell, Correll,
Crow, Dean, Dillon, Edmonds, Empson, Feuerborn, Flaharty, Flora, Garner, Geringer,
Gilbert, Grant, Haley, Helgerson, Henderson, Horst, Howell, Johnston, Kirk, Klein, Phill
Kline, Krehbiel, Landwehr, Larkin, M. Long, Mayans, McKechnie, McKinney, Nichols,
Phelps, Pottorff, Powers, Reardon, Ruff, Samuelson, Sawyer, Shallenburger, Showalter,
Shriver, Spangler, Storm, Swenson, Thimesch, Wells, Welshimer, Wilson.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed.

EXPLANATION OF VOTE
 Mr. Speaker: I vote No on SB 487. Page 4, line 27, of the bill provides for an open
ended line of tax credits to participate in the marketing of investments which the legislature
has no control of. This is bad public policy and not in the best interest of taxpayers. A better
plan can and should be developed where greater protections for the taxpayers exist.--Doug
Spangler

 SB 489, An act concerning construction contracts; providing procedure for partial pay-
ment; establishing minimum wages therefor, was considered on final action.

 On roll call, the vote was: Yeas 68; Nays 56; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Ballard, Ballou, Boston, Burroughs, Campbell, Compton, Cook, Cox, Crow,
Dean, Dillon, Findley, Flaharty, Flora, Flower, Franklin, Garner, Gilbert, Grant, Haley,
Hayzlett, Helgerson, Henderson, Henry, Horst, Howell, Hutchins, Johnston, Kejr, Kirk,
Klein, Krehbiel, Kuether, Larkin, M. Long, Mayans, Mays, McClure, McCreary, Mc-
Kechnie, McKinney, Neufeld, Nichols, Packer, Palmer, Pauls, E. Peterson, Phelps, Powers,
Reardon, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Spangler,
Swenson, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Welshimer, Wempe, Wilk.

 Nays: Adkins, Allen, Aurand, Beggs, Benlon, Carmody, Correll, Dahl, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Freeborn, Geringer, Gilmore, Glasscock, Gregory,
Holmes, Huff, Humerickhouse, Jennison, Johnson, Phil Kline, Phill Kline, Landwehr, Lane,
P. Long, Mason, Minor, Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Osborne, J.
Peterson, Pottorff, Powell, Presta, Ray, Reinhardt, Samuelson, Shore, Shultz, Sloan, Stone,
Storm, Tanner, Toplikar, Vining, Wagle, Weber, Wells, Wilson.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 495, An act concerning certain claims against the state; making appropriations, au-
thorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, was
considered on final action.

 On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

 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,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, 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, Thimesch,
Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.

 Nays: Landwehr, Nichols, Tomlinson.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 518, An act concerning the Kansas consumer protection act; relating to the disposal
of surplus property; amending K.S.A. 50-627 and 50-639 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 74; Nays 50; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Comp-
ton, Cook, Cox, Dahl, Dean, Dreher, Empson, Faber, Farmer, Findley, Flora, Flower,
Freeborn, Geringer, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phil Kline,
Krehbiel, Lane, Mason, Mays, McCreary, McKechnie, Minor, Mollenkamp, Morrison, My-
ers, Neufeld, O'Connor, O'Neal, Pauls, E. Peterson, J. Peterson, Pottorff, Powers, Presta,
Ray, Reinhardt, Samuelson, Schwartz, Shore, Shriver, Stone, Tanner, Tomlinson, Toplikar,
Wagle, Weiland, Welshimer, Wilk, Wilson.

 Nays: Adkins, Alldritt, Burroughs, Correll, Crow, Dillon, Edmonds, Feuerborn, Flaharty,
Franklin, Garner, Gilbert, Grant, Henderson, Howell, Johnston, Kirk, Phill Kline, Kuether,
Landwehr, Larkin, M. Long, P. Long, Mayans, McClure, McKinney, Nichols, Osborne,
Packer, Palmer, Phelps, Powell, Reardon, Ruff, Sawyer, Shallenburger, Sharp, Showalter,
Shultz, Sloan, Spangler, Storm, Swenson, Thimesch, Toelkes, Vickrey, Vining, Weber, Wells,
Wempe.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed.

 SB 535, An act concerning emergency medical services; relating to the emergency med-
ical services board; relating to the powers and duties thereof; relating to attendants and the
regulation thereof; concerning the use of automatic external defibrillators; amending K.S.A.
65-6102, 65-6127, 65-6129a, 65-6129b, 65-6133 and 65-6135 and K.S.A. 1997 Supp. 65-
6110, 65-6111, 65-6112, 65- 6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129 and 65-
6144 and repealing the existing sections; also repealing K.S.A. 65-6148 and K.S.A. 1997
Supp. 65-6149, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 554, An act concerning the Kansas venture capital company act; reauthorizing tax
credits for cash investments in venture capital funds in which the Kansas technology enter-
prise corporation or its subsidiaries is an investor; amending K.S.A. 74-8303 and K.S.A. 1997
Supp. 74-8304 and 74-8401 and repealing the existing sections, was considered on final
action.

 On roll call, the vote was: Yeas 63; Nays 61; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Allen, Aurand, Ballard, Beggs, Boston, Carmody, Compton, Cox, Dahl, Dreher,
Empson, Faber, Farmer, Findley, Freeborn, Geringer, Glasscock, Gregory, Hayzlett,
Henry, Holmes, Horst, Huff, Humerickhouse, Jennison, Johnson, Kejr, Phil Kline, Land-
wehr, Lane, P. Long, Mason, McCreary, Minor, Morrison, Myers, Neufeld, O'Connor,
O'Neal, Osborne, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Rein-
hardt, Samuelson, Schwartz, Shore, Shultz, Sloan, Stone, Tanner, Tomlinson, Toplikar, Vin-
ing, Wagle, Weber, Weiland, Wilk.

 Nays: Adkins, Alldritt, Ballou, Benlon, Burroughs, Campbell, Cook, Correll, Crow, Dean,
Dillon, Edmonds, Feuerborn, Flaharty, Flora, Flower, Franklin, Garner, Gilbert, Gilmore,
Grant, Haley, Helgerson, Henderson, Howell, Hutchins, Johnston, Kirk, Klein, Phill Kline,
Krehbiel, Kuether, Larkin, M. Long, Mayans, Mays, McClure, McKechnie, McKinney, Mol-
lenkamp, Nichols, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Shallenburger, Sharp,
Showalter, Shriver, Spangler, Storm, Swenson, Thimesch, Toelkes, Vickrey, Wells, Welshi-
mer, Wempe, Wilson.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

EXPLANATION OF VOTE
 Mr. Speaker: I vote No on SB 554. Page 3, line 14, of the bill provides for an open
ended line of tax credits to sell non performing assets. Zero plus zero plus taxpayers money
= unfairness. This bailout is bad public policy. A better plan can and should be developed
where greater protections for the taxpayers exist.--Doug Spangler

 SB 556, An act concerning municipalities; relating to certain publications required
thereof; relating to the powers and duties of the governing bodies thereof; amending K.S.A.
64-101 and 80- 410 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 85; Nays 39; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Comp-
ton, Correll, Cox, Crow, Dahl, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Freeborn, Garner, Gilbert, Gilmore, Glasscock, Gregory, Helgerson, Henry,
Holmes, Horst, Huff, Humerickhouse, Johnson, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel,
Landwehr, Lane, Larkin, P. Long, Mason, Mayans, McClure, McCreary, McKinney, Minor,
Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger,
Showalter, Shriver, Shultz, Stone, Storm, Tanner, Tomlinson, Vickrey, Vining, Wagle, We-
ber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Adkins, Alldritt, Burroughs, Cook, Dean, Dillon, Dreher, Flora, Flower, Franklin,
Geringer, Grant, Haley, Hayzlett, Henderson, Howell, Hutchins, Jennison, Johnston, Klein,
Kuether, M. Long, Mays, McKechnie, Neufeld, Nichols, Packer, E. Peterson, Presta, Rear-
don, Sawyer, Sharp, Shore, Sloan, Spangler, Swenson, Thimesch, Toelkes, Toplikar.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 593, An act concerning the vehicle dealers and manufacturers licensing act; relating
to denial, suspension or revocation of license; prohibited acts; amending K.S.A. 8-2416 and
K.S.A. 1997 Supp. 8-2410 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 677, An act concerning public improvement districts; relating to certain expenditures
from such districts' funds, was considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

INTRODUCTION OF ORIGINAL MOTIONS
 Having voted on the prevailing, pursuant to House Rule 2303, Rep. Reardon moved that
the House reconsider its adverse action in not adopting HCR 5039 under that order of
business Final Action on Bills and Concurrent Resolutions.

 Roll call was demanded.

 On roll call, the vote was: Yeas 71; Nays 53; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Allen, Ballard, Ballou, Beggs, Burroughs, Carmody, Compton, Cook, Cox,
Dahl, Edmonds, Empson, Farmer, Findley, Flower, Franklin, Garner, Geringer, Gilmore,
Glasscock, Gregory, Haley, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, John-
ston, Klein, Phil Kline, Phill Kline, Landwehr, Lane, M. Long, P. Long, Mason, Mayans,
Mays, McCreary, McKechnie, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Schwartz, Shallen-
burger, Shultz, Spangler, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Wilk, Wilson.

 Nays: Alldritt, Aurand, Benlon, Boston, Campbell, Correll, Crow, Dean, Dillon, Dreher,
Faber, Feuerborn, Flaharty, Flora, Freeborn, Gilbert, Grant, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Jennison, Kejr, Kirk, Krehbiel, Kuether, Larkin, McClure, McKin-
ney, Minor, Nichols, Pauls, E. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson,
Sawyer, Sharp, Shore, Showalter, Shriver, Sloan, Storm, Thimesch, Toelkes, Weiland, Wells,
Welshimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 Not having received the required two-thirds vote, the motion did not prevail.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Wilson, the House concurred in Senate amendments to Sub. HB
2640,An act concerning cities and counties; regarding the filing of fire liens; amending
K.S.A. 40-3902, 40-3904 and 40-3905 and repealing the existing sections.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 On motion of Rep. Glasscock, the House concurred in Senate amendments to HB 2685,
An act concerning certain public officers; relating to the powers and duties thereof; amend-
ing K.S.A. 19-304, 19-3423 and 53-504 and repealing the existing sections.

 On roll call, the vote was: Yeas 115; Nays 9; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, 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, John-
ston, Kejr, Kirk, 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, E. Peterson, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Sa-
muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shultz, Sloan, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Ballou, Correll, Feuerborn, Klein, Larkin, Phelps, Reinhardt, Shriver, Spangler.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 On motion of Rep. Myers, the House concurred in Senate amendments to HB 2743, An
act concerning the Kansas underground utility damage prevention act; amending K.S.A.
1997 Supp. 66-1802 and 66-1810 and repealing the existing sections.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 On motion of Rep. Phill Kline, the House nonconcurred in Senate amendments to HB
2584 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con-
ferees on the part of the House.

 On motion of Rep. Mason to nonconcur in Senate amendments to HB 2590, Rep. Packer
offered a substitute motion that the House concur in Senate amendments. The motion was
subsequently withdrawn. The question reverted back to the motion of Rep. Mason to non-
concur and that a conference committee be appointed. The motion prevailed.

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

 On motion of Rep. Packer that the House concur in Senate amendment to HB 2590,
Rep. Wilk moved that the motion to concur be laid on the table until March 30, 1998, to
be considered under Motions to Concur and Nonconcur. The motion prevailed.

 On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB
2627 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

 On motion of Rep. Carmody, the House concurred in Senate amendments to HB 2676,
An act relating to mobile and manufactured homes; amending K.S.A. 74-1230 and 75-1231
and repealing the existing sections.

 On roll call, the vote was: Yeas 112; Nays 12; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Car-
mody, Compton, Cook, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber,
Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Gregory, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Hu-
merickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nich-
ols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshi-
mer, Wempe, Wilk, Wilson.

 Nays: Aurand, Campbell, Correll, Feuerborn, Grant, Haley, Hayzlett, Howell, Phill Kline,
Packer, Shallenburger, Vickrey.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB
2678 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and Dillon as con-
ferees on the part of the House.

 On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB
2689 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and Dillon as con-
ferees on the part of the House.

 On motion of Rep. Phil Kline, the House concurred in Senate amendments to HB 2792,
An act concerning the state fair; transferring moneys and obligations of the non-fair days
activities fee fund to the state fair fee fund; abolishing the non-fair days activities fee fund;
consolidating local bank accounts; amending K.S.A. 2-205 and 2-223 and repealing the
existing sections.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 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, E. Peterson, J. Peterson, Phelps, Pot-
torff, 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, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 On motion of Rep. Ballard, the House concurred in Senate amendments to HB 2933,
An act concerning the neighborhood improvement and youth employment act; amending
K.S.A. 1997 Supp. 44-1402, 44-1405 and 44-1408 and repealing the existing sections.

 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, 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: Lloyd, Palmer.

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

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

 Recommended that HB 2993 be passed.

 SB 491 be passed over and retain a place on the calendar.

 On motion of Rep. Adkins SB 516 be amended on page 9, after line 23, by inserting the
following:

    ``Sec. 3. K.S.A. 1997 Supp. 38-1604 is hereby amended to read as follows: 38-1604. (a)
Except as provided in K.S.A. 38-1636 and 21-3611 and amendments thereto, proceedings
concerning a juvenile who appears to be a juvenile offender shall be governed by the pro-
visions of this code.

    (b) The district court shall have original jurisdiction to receive and determine proceed-
ings under this code.

    (c) When jurisdiction is acquired by the district court over an alleged juvenile offender
it may continue until: (1) Sixty days after sentencing, if the juvenile is committed to the
custody of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and amendments
thereto; (2) if directly committed to a juvenile correctional facility, the juvenile has attained
the age of 23 years, unless an adult sentence is imposed pursuant to an extended jurisdiction
juvenile prosecution. If such adult sentence is imposed, jurisdiction shall continue until
discharged by the court or other process for the adult sentence; (3) the juvenile has been
discharged by the court; or (4) the juvenile has been discharged under the provisions of
K.S.A. 38-1675, and amendments thereto.

    (d) If a juvenile has been adjudicated to be or convicted as a juvenile offender and
determined to be a child in need of care, the juvenile justice code shall apply to such juvenile
and the child in need of care code shall be suspended during the time the juvenile justice
code applies for such juvenile. court may, between the effective date of this act and July 1,
1999, apply either the provisions of the juvenile justice code or the child in need of care
code. Nothing in this subsection shall preclude such juvenile offender from accessing serv-
ices provided by the department of social and rehabilitation services or any other state
agency if such juvenile is eligible for such services.

    (e) The provisions of this code shall govern with respect to acts done on or after July 1,
1997 the effective date of this act.'';

    And by renumbering the remaining sections accordingly;

    On page 10, in line 5, by striking ``and'' and inserting a comma; also in line 5, after ``21-
4603d'' by inserting ``and 38-1604'';

    On page 1, in the title, in line 13, before ``amending'' by inserting ``relating to juveniles;'';
in line 14, by striking ``and'' where it appears for the first time and inserting a comma; also
in line 14, after ``21-4603d'' by inserting ``and 38-1604'';

 Also, roll call was demanded on motion of Rep. Klein to amend SB 516 on page 10, after
line 3, by inserting the following:

    ``Sec. 5. K.S.A. 1997 Supp. 38-1624 is hereby amended to read as follows: 38-1624. (a)
By a law enforcement officer. A law enforcement officer may take an alleged juvenile of-
fender into custody when:

    (1) Any offense has been or is being committed by the juvenile in the officer's view;

    (2) the officer has a warrant commanding that the juvenile be taken into custody;

    (3) the officer has probable cause to believe that a warrant or order commanding that
the juvenile be taken into custody has been issued in this state or in another jurisdiction for
an act committed therein;

    (4) the officer has probable cause to believe that the juvenile is committing or has
committed an act which, if committed by an adult, would constitute:

    (A) A felony; or

    (B) a misdemeanor and (i) the juvenile will not be apprehended or evidence of the
offense will be irretrievably lost unless the juvenile is immediately taken into custody or (ii)
the juvenile may cause injury to self or others or damage to property or may be injured
unless immediately taken into custody; or

    (5) the officer has probable cause to believe that the juvenile has violated an order for
electronic monitoring as a term of probation.

    (b) By a court services officer. A court services officer may take a juvenile into custody
when there is a warrant commanding that the juvenile be taken into custody, when the court
services officer has probable cause to believe that a warrant or order commanding that the
juvenile be taken into custody has been issued in this state or in another jurisdiction for an
act committed therein or when there is probable cause to believe that the juvenile has
violated an order for electronic monitoring as a term of probation.

    (c) Procedure. (1) When any law enforcement officer takes an alleged juvenile offender
into custody, the juvenile shall be taken without unnecessary delay to an intake and assess-
ment worker if an intake and assessment program exists in the jurisdiction, or before the
court for proceedings in accordance with this code or, if the court is not open for the regular
conduct of business, to a court services officer, a juvenile intake and assessment worker, a
juvenile detention facility or youth residential facility which the court or the commissioner
shall have designated. The officer shall not take the juvenile to a juvenile detention facility
unless the juvenile meets one or more of the criteria listed in K.S.A. 38-1640, and amend-
ments thereto. Even if the juvenile meets one or more of such criteria, the officer shall first
consider whether taking the juvenile to an available nonsecure facility is more appropriate.

    (2) It shall be the duty of the officer to furnish the county or district attorney or the
juvenile intake and assessment worker if the officer has delivered such juvenile to the worker,
with all of the information in the possession of the officer pertaining to the juvenile; the
juvenile's parents, or other persons interested in or likely to be interested in the juvenile;
and all other facts and circumstances which caused the juvenile to be arrested or taken into
custody.

    (3) (A) When the juvenile is less than 14 years of age, no in-custody or arrest admission
or confession resulting from interrogation may be admitted into evidence unless the confes-
sion or admission was made in the presence of the juvenile's parents, guardian or attorney.
It shall be the duty of the facility where the juvenile has been delivered to make a reasonable
effort to contact the parent or guardian immediately upon such juvenile's arrival unless such
parent or guardian is the alleged victim or alleged co-defendant of the crime under inves-
tigation.
    (B) When a parent or guardian is the alleged victim or alleged co-defendant of the crime
under investigation and the juvenile is less than 14 years of age, no in-custody or arrest
admission or confession may be admitted into evidence unless the confession or admission
was made in the presence of a parent or guardian who is not involved in the investigation
of the crime, or an attorney. It shall be the duty of the facility where the juvenile has been
delivered to make reasonable effort to contact a parent or guardian who is not involved in
the investigation of the crime immediately upon such juvenile's arrival.
    (C) If the juvenile indicates in any manner and at any stage of questioning pursuant to
this subsection that the juvenile does not wish to be questioned further, the officer shall cease
questioning.
    (D) Before admitting any statement resulting from custodial interrogation into evidence,
the judge shall find that the juvenile voluntarily, knowingly and intelligently waived the
juvenile's rights.

    (d) Release prior to detention hearing. In the absence of a court order to the contrary,
the court or officials designated by the court, the county or district attorney or the law
enforcement agency taking a juvenile into custody shall have the authority to direct the
release of the juvenile prior to the time specified by subsection (a) of K.S.A. 38-1632 and
amendments thereto. In addition, if an agreement is established pursuant to K.S.A. 38-1635,
and amendments thereto, a juvenile intake and assessment worker shall have the authority
to direct the release of a juvenile prior to a detention hearing after the completion of the
intake and assessment process if the juvenile intake and assessment worker has reason to
believe that if released the juvenile will appear for further proceedings and will not be
dangerous to self or others.

    (e) Person 18 or over taken into custody; detention and release. Whenever a person 18
years of age or more is taken into custody by a law enforcement officer for an alleged offense
which was committed prior to the time the person reached the age of 18, the officer shall
notify and refer the matter to the court for proceedings pursuant to this code, except that
the provisions of this code relating to detention hearings shall not apply to that person.
Unless the law enforcement officer took the person into custody pursuant to a warrant issued
by the court and the warrant specifies the amount of bond or indicates that the person may
be released on personal recognizance, the person shall be taken before the court of the
county where the alleged act took place or, at the request of the person, the person shall
be taken, without delay, before the nearest court. The court shall fix the terms and conditions
of an appearance bond upon which the person may be released from custody. The provisions
of article 28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and amend-
ments thereto relating to appearance bonds and review of conditions and release shall be
applicable to appearance bonds provided for in this section.'';

    And by renumbering sections accordingly;

    Also on page 10, in line 5, by striking ``and'' and inserting a comma; also in line 5, after
``21-4603d'' by inserting ``and 38-1624'';

    On page 1, in the title, in line 13, before ``amending'' by inserting ``relating to juveniles;'';
in line 14, by striking ``and'' where it appears for the first time and inserting a comma; also
in line 14, after ``21-4603d'' by inserting ``and 38-1624'';

 On roll call, the vote was: Yeas 67; Nays 50; Present but not voting: 1; Absent or not
voting: 7.

 Yeas: Alldritt, Ballard, Burroughs, Compton, Cook, Correll, Crow, Dean, Dillon, Empson,
Faber, Flaharty, Flora, Flower, Garner, Gilbert, Grant, Gregory, Haley, Helgerson, Hen-
derson, Henry, Horst, Howell, Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin,
M. Long, P. Long, Mayans, Mays, McClure, McKechnie, McKinney, Minor, Morrison,
Nichols, Packer, Pauls, E. Peterson, Phelps, Pottorff, Powers, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Sharp, Showalter, Shriver, Shultz, Spangler, Stone, Storm, Swenson,
Thimesch, Toelkes, Toplikar, Weiland, Wells, Welshimer, Wempe.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Cox,
Dahl, Dreher, Edmonds, Farmer, Findley, Freeborn, Geringer, Gilmore, Glasscock, Hay-
zlett, Holmes, Huff, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Lane, Mason, Mc-
Creary, Mollenkamp, Myers, Neufeld, O'Connor, Osborne, J. Peterson, Powell, Presta, Ray,
Schwartz, Shore, Sloan, Tanner, Tomlinson, Vickrey, Vining, Wagle, Weber, Wilk, Wilson.

 Present but not voting: Landwehr.

 Absent or not voting: Feuerborn, Franklin, Humerickhouse, Lloyd, O'Neal, Palmer, Shal-
lenburger.

 The motion of Rep. Klein prevailed; and SB 516 be passed as amended.

 On motion of Rep. Mays SB 482 be amended on page 10, in line 14, by striking ``and
amendments thereto'' and inserting ``prior to its repeal''; in line 30, by striking ``or''; also in
line 30, after ``(12)'' by inserting ``capital murder as defined in K.S.A. 21-3439 and amend-
ments thereto; (13) murder in the first degree as defined in K.S.A. 21-3401 and amendments
thereto; (14) murder in the second degree as defined in K.S.A. 21-3402 and amendments
thereto; (15) voluntary manslaughter as defined in K.S.A. 21-3403 and amendments thereto;
(16) involuntary manslaughter as defined in K.S.A. 21-3404 or 21-3442 and amendments
thereto; or (17)'';

    On page 14, after line 37, by inserting the following:

    ``Sec. 7. K.S.A. 1997 Supp. 38-1610 is hereby amended to read as follows: 38-1610. (a)
Except as provided in subsection (b), any records or files specified in this code concerning
a juvenile offender may be expunged upon application to a judge of the court of the county
in which the records or files are maintained. The application for expungement may be made
by the person who is the juvenile offender or, if the person is a juvenile, by the person's
parent or next friend.

    (b) There shall be no expungement of records or files concerning acts committed by a
juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-3401,
21-3402, 21-3403, 21-3404, 21-3442, 21-3503, 21-3504, 21-3506, 21-3509, 21-3510, 21-
3511, 21-3516, 21-3603, 21-3608 or 21-3609 and amendments thereto or which would con-
stitute an attempt to commit a violation of any of the offenses specified in this subsection.

    (c) When a petition for expungement is filed, the court shall set a date for a hearing on
the petition and shall give notice thereof to the county or district attorney. The petition shall
state: (1) The juvenile's full name; (2) the full name of the juvenile at the time of the trial,
if different than (1); (3) the juvenile's sex and date of birth; (4) the offense for which the
juvenile was adjudicated; (5) the date of the trial; and (6) the identity of the trial court.
There shall be no docket fee for filing a petition pursuant to this section. All petitions for
expungement shall be docketed in the original action. Any person who may have relevant
information about the petitioner may testify at the hearing. The court may inquire into the
background of the petitioner.

    (d) (1) After hearing, the court shall order the expungement of the records and files if
the court finds that:

    (A) The person has reached 23 years of age or that two years have elapsed since the
final discharge of the person;

    (B) since the final discharge of the person, the person has not been convicted of a felony
or of a misdemeanor other than a traffic offense or a juvenile offender under the Kansas
juvenile justice code and no proceedings are pending seeking such a conviction or adjudi-
cation; and

    (C) the circumstances and behavior of the petitioner warrant expungement.

    (2) The court may require that all court costs, fees and restitution shall be paid.

    (e) Upon entry of an order expunging records or files, the offense which the records or
files concern shall be treated as if it never occurred, except that upon conviction of a crime
or adjudication in a subsequent action under this code the offense may be considered in
determining the sentence to be imposed. The person, the court and all law enforcement
officers and other public offices and agencies shall properly reply on inquiry that no record
or file exists with respect to the person. Inspection of the expunged files or records thereafter
may be permitted by order of the court upon petition by the person who is the subject
thereof. The inspection shall be limited to inspection by the person who is the subject of
the files or records and those persons designated by that person.

    (f) Copies of any order made pursuant to subsection (a) or (c) shall be sent to each
public officer and agency in the county having possession of any records or files ordered to
be expunged. If the officer or agency fails to comply with the order within a reasonable
time after its receipt, the officer or agency may be adjudged in contempt of court and
punished accordingly.

    (g) The court shall inform any juvenile who has been adjudicated a juvenile offender of
the provisions of this section.

    (h) Nothing in this section shall be construed to prohibit the maintenance of information
relating to an offense after records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable identification of the offender.

    (i) Nothing in this section shall be construed to permit or require expungement of files
or records related to a child support order registered pursuant to the Kansas juvenile justice
code.

    (j) Whenever the records or files of any adjudication have been expunged under the
provisions of this section, the custodian of the records or files of adjudication relating to
that offense shall not disclose the existence of such records or files, except when requested
by:

    (1) The person whose record was expunged;

    (2) a criminal justice agency, private detective agency or a private patrol operator, and
the request is accompanied by a statement that the request is being made in conjunction
with an application for employment with such agency or operator by the person whose
record has been expunged;

    (3) a court, upon a showing of a subsequent conviction of the person whose record has
been expunged;

    (4) the secretary of social and rehabilitation services, or a designee of the secretary, for
the purpose of obtaining information relating to employment in an institution, as defined
in K.S.A. 76-12a01 and amendments thereto, of the department of social and rehabilitation
services of any person whose record has been expunged;

    (5) a person entitled to such information pursuant to the terms of the expungement
order;

    (6) the Kansas lottery, and the request is accompanied by a statement that the request
is being made to aid in determining qualifications for employment with the Kansas lottery
or for work in sensitive areas within the Kansas lottery as deemed appropriate by the ex-
ecutive director of the Kansas lottery;

    (7) the governor or the Kansas racing commission, or a designee of the commission,
and the request is accompanied by a statement that the request is being made to aid in
determining qualifications for executive director of the commission, for employment with
the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of licensure or continued
licensure by the commission; or

    (8) the Kansas sentencing commission.'';

    And by renumbering sections accordingly;

    Also on page 14, in line 39, by striking ``and'' and inserting a comma; also in line 39, after
``21-4619b'' by inserting ``and 38-1610'';

    On page 1, in the title, in line 14, by striking ``and'' where it appears for the second time
and inserting a comma; also in line 14, after ``21-4619'' by inserting ``and 38-1610'';

 Also, on motion of Rep. Dean SB 482 be amended on page 14, after line 37, by inserting
the following new section:

    ``Sec. 7. K.S.A. 1997 Supp. 8-1,129 is hereby amended to read as follows: 8-1,129. (a)
Except when necessary to avoid conflict with other traffic, or in compliance with the law or
the directions of a law enforcement officer or official traffic-control device, no person shall:

    (1) Stop, stand or park a vehicle, as defined in K.S.A. 8-126 and amendments thereto,
in any parking space designated as accessible parking without having a special license plate,
permanent placard or disabled veteran license plate and an individual identification card,
or a valid temporary placard;

    (2) stop, stand or park a vehicle so that it blocks an access entrance; or

    (3) stop, stand or park a vehicle in an access aisle between or beside a designated
accessible parking space.

    (b) Except as otherwise provided in subsection (d), violation of subsection (a) is an
unclassified misdemeanor punishable by a fine of not less than $50 nor more than $100.

    (c) The provisions of subsection (a) shall be enforced by law enforcement officers on
public and private property.

    (d) Violation of the provisions of paragraph (1) of subsection (a) or an ordinance of any
city or resolution of any county which prohibits the acts that paragraph (1) of subsection
(a) prohibit, for failure to display a valid permanent or temporary placard, is an unclassified
misdemeanor punishable by a fine of not to exceed $10, if such person produces in court:
    (1) A permanent or temporary placard issued to such person which was valid at the
time of the arrest or issuance of the citation; or
    (2) a permanent or temporary placard issued to a person with a disability for which
such person was responsible for the transportation of the person with the disability at the
time of the arrest or issuance of the citation and such permanent or temporary placard was
valid at the time of the arrest or issuance of the citation.'';

    And by renumbering sections accordingly;

    Also on page 14, in line 38, after ``Supp.'' by inserting ``8-1,129,'';

    On page 1, in the title, in line 12, after ``concerning'' by inserting ``crimes, criminal pro-
cedure and punishment; relating to''; also in line 12, by striking ``relating to''; in line 13,
before ``amending'' by inserting ``penalty for unlawful parking in accessible parking space in
certain circumstances;''; in line 14, after ``Supp.'' by inserting ``8-1,129,'';

 Also, on motion of Rep. Thimesch to amend SB 482, the motion did not prevail; and the
bill be passed as amended.

 Committee report to SB 507 be adopted; and the bill be passed as amended.

 Committee report to SB 536 be adopted; also, on motion of Rep. Carmody be amended
on page 24, in line 36, before ``At'' by inserting ``(a)'';

 Also, on motion of Rep. Haley to amend SB 536, the motion did not prevail and the bill
be passed as amended.

REPORT OF STANDING COMMITTEE
 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

 Request No. 142, by Representative P. Long, congratulating Harmony Sunflower 4-H
Club for 50 years of service to the community and families of Greenwood County;

 Request No. 143, by Representative Ballard, congratulating Sadie Caplan for outstand-
ing creativity in creating one of five winning bandage designs marketed by Curad by Kids
for Kids;

 Request No. 144, by Representative Pottorff, in memory of Laura McMullen Cross,
Wichita State University dean emeritus of admissions and records;

 Request No. 145, by Representative Johnson, congratulating Robert and Janice Dick-
inson, Master Farmer and Master Homemaker;

 Request No. 146, by Representative Dreher, congratulating Lawrence and Irene Winn
on 62 years of marriage;

 Request No. 147, by Representative Schwartz, congratulating Melvin and Melba Stohs
on 50 years of marriage;

 Request No. 148, by Representative Stone, congratulating Emporia State University
Women's Basketball Team who won second in the NCAA Division II tournament and fin-
ished with a 33-1 record;

 Request No. 149, by Representative Henderson, congratulating Marcia P. Coggs on her
70th birthday;

 Request No. 150, by Representative Spangler, congratulating Randall Joseph ``R.J.'' Nill
for his outstanding achievement in Kansas KIDS Wrestling;

 Request No. 151, by Representative Kuether, in memory of Bill Cecil-Fronsman;

 Request No. 152, by Representative Toplikar, congratulating Nanette Bohl, named Sen-
ior Sportswoman of the Year by the Women's Intersport Network for Kansas City;

 Request No. 153, by Representatives Haley and Henderson, congratulating Delta Sigma
Theta Sorority, Inc., for participation in ``Delta Days at the State Capitol'';

 Request No. 154, by Representative Wempe, congratulating Claflin High School Wild-
cats on winning the state 2-1A Football Championship;

 Request No. 155, by Representative Wempe, congratulating Little River Lady Redskins
who won their fourth consecutive 1A Basketball Championship;

 Request No. 156, by Representative Pottorff, congratulating Ken Wagnon, named out-
standing volunteer fund raiser of the year by the National Society of Fund Raising Execu-
tives;

 Request No. 157, by Representative Hutchins, congratulating Don Swisher, 1997 Kansas
Coach of the Year for Boys Golf by the Kansas Coaches Association;

 Request No. 158, by Representative Hutchins, congratulating the 1997 Holton High
School Golf Team for being the Class 4-A State Golf Champions;

 Request No. 159, by Representative Hutchins, congratulating Don Swisher, named Kan-
sas Boys Golf Coach of the Year by the National Federation of Interscholastic Coaches
Association;

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

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

REPORT ON ENGROSSED BILLS
 HB 2143 reported correctly engrossed March 27, 1998.

REPORT ON ENGROSSED RESOLUTIONS
 HCR 5039 reported correctly engrossed March 27, 1998.

REPORT ON ENROLLED BILLS
 HB 2025, 2418, 2621, 2718, 2732, 2760, 2783 reported correctly enrolled, properly
signed and presented to the governor on March 27, 1998.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, March 30,
1998.

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