March 30, 1998


Journal of the House


FIFTY-THIRD DAY
______
Hall of the House of Representatives, Topeka, KS,
Monday, March 30, 1998, 11:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 122 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. Adkins was excused on legislative business.

 Rep. Pottorff was excused on excused absence by the Speaker.

 Prayer by guest chaplain, the Rev. Kelvin T. Calloway, D. Min., Trinity African Methodist
Episcopal Church, Kansas City, and guest of Rep. Haley:

       Eternal God, we come today acknowledging you as God; as sovereign and Lord
      of us all. We assemble today before you in gratitude and remembrance of your great
      mercies toward us. You have brought us again, safely to this place to begin afresh
      and anew, deliberations of legislation for the common good of all citizens of this our
      sunflower state. We humbly beseech you that we may be ever mindful of your mercy
      and grace toward us.

       Bless our state with your favor. With honorable industry, sound learning and re-
      spect for all humankind. Save us from violence, discord, confusion, pride and shame.
      Save us from anything that degradates the human spirit.

       Grant us your wisdom that our meager efforts of governance may be an instrument
      of your justice and peace in our state.

       This we ask and pray, Amen.

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

 Judiciary: SB 599.

MESSAGE FROM THE SENATE
 Announcing passage of HB 2738, 2876.

 Announcing passage of HB 2233, as amended; HB 2282, as amended; HB 2552, as
amended; HB 2559, as amended; HB 2591, as amended; HB 2607, as amended; HB
2723, as amended; HB 2724, as amended; HB 2731, as amended; HB 2744, as amended;
HB 2759, as amended; HB 2799, as amended; HB 2806, as amended; HB 2832, as
amended; HB 2835, as amended.

 Announcing adoption of HCR 5035, as amended.

 The Senate concurs in House amendments to SB 593.

 The Senate concurs in House amendments to SB 677.

 The Senate nonconcurs in House amendments to H. Sub. for SB 439, requests a con-
ference and has appointed Senators Steffes, Praeger and Feleciano as conferees on the part
of the Senate.

 The Senate nonconcurs in House amendments to SB 489, requests a conference and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 495, requests a conference and has
appointed Senators Kerr, Salisbury and Gilstrap as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 535, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 554, requests a conference and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2584 and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2590 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2627 and has
appointed Senators Emert, Oleen and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2678 and has
appointed Senators Vidricksen, Salmans and Gilstrap as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2689 and has
appointed Senators Vidricksen, Donovan and Gilstrap 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 H. Sub. for SB 439.

 Speaker pro tem Wagle thereupon appointed Reps. Wilson, Tomlinson and Kirk as con-
ferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 489.

 Speaker pro tem Wagle thereupon appointed Reps. Glasscock, Powers and Nichols as
conferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 495.

 Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and Helgerson as
conferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 535.

 Speaker pro tem Wagle thereupon appointed Reps. Mayans, Morrison and Henry as
conferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 554.

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

CONSENT CALENDAR
 Objection was made to HB 3019 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2993, An act concerning the state corporation commission; repealing certain statutes
relating to regulation of railroads and motor carriers; amending K.S.A. 12-1633, 12-1634,
14-434 and 15-438 and K.S.A. 1997 Supp. 66-1a01 and repealing the existing section; also
repealing K.S.A. 66-147, 66-164, 66-165, 66-169, 66-170, 66-171, 66-172, 66-1,136, 66-
1,137, 66-217, 66-218, 66-219, 66-220, 66-221, 66-222, 66-223, 66-242, 66-243, 66-250, 66-
251, 66-252, 66-253, 66-254, 66-255, 66-256, 66-257, 66-258, 66-259, 66-260, 66-261, 66-
262, 66-263, 66-264, 66-265, 66-266, 66-267, 66-268, 66-269, 66-270, 66-271, 66-272,
66-275, 66-279, 66-280, 66-281, 66-282, 66-283, 66-284, 66-2,114, 66-2,115, 66-2,116, 66-
2,117, 66-2,118, 66-312, 66-313, 66-314, 66-315, 66-317, 66-318, 66-321, 66-322, 66-323,
66-324, 66-325, 66-326, 66-401, 66-402, 66-403, 66-404, 66-405, 66-406, 66-407, 66-408,
66-409, 66-501a, 66-501b, 66-502, 66-503, 66-504, 66-505, 66-506, 66-507, 66-508, 66-509,
66-510, 66-511, 66-512, 66-513, 66-514, 66-515, 66-516, 66-517, 66-518, 66-519, 66-520,
66-601, 66-602, 66-701, 66-702, 66-703, 66-704, 66-705, 66-706, 66-707, 66-708, 66-709,
66-710, 66-711 and 66-712, was considered on final action.

 On roll call, the vote was: Yeas 118; Nays 2; Present but not voting: 0; Absent or not
voting: 5.

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

 Nays: Garner, Shallenburger.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Lloyd, McKechnie, Pottorff.

 The bill passed.

 SB 482, An act concerning crimes, criminal procedure and punishment; relating to
expungement; diversion agreements; arrest records; violations of city ordinances; penalty
for unlawful parking in accessible parking space in certain circumstances; amending K.S.A.
22-2911 and K.S.A. 1997 Supp. 8-1,129, 12-4516, 21-4619 and 38-1610 and repealing the
existing sections; also repealing K.S.A. 1997 Supp. 21-4619b, was considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 114; Nays 7; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Geringer,
Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Powell, Presta, 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: Carmody, Franklin, Gilmore, Humerickhouse, Phil Kline, Powers, Ray.

 Present but not voting: None.

 Absent or not voting: Adkins, Lloyd, McKechnie, Pottorff.

 The bill passed, as amended.

 SB 507, An act concerning the state board of pharmacy; relating to grounds for discipli-
nary actions; concerning civil fines; licensure; amending K.S.A. 65-1627f, 65-1631, 65-1632
and 65-1645 and K.S.A. 1997 Supp. 65-1627 and 65-1658 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 113; Nays 7; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, Mason, Mayans, McClure, McCreary, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Pe-
terson, Phelps, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Wagle, Weber, Wei-
land, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: P. Long, Mays, Nichols, Packer, Presta, Spangler, Vining.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Lloyd, McKechnie, Pottorff.

 The bill passed, as amended.

 SB 516, An act concerning crimes, punishment and criminal procedure; relating to con-
servation camps; recovery of costs and expenses in apprehension of escaped defendants;
rewards for capture of escaped inmates; relating to juveniles; amending K.S.A. 75-5222 and
75-52,127 and K.S.A. 1997 Supp. 21-4603, 21-4603d and 38-1604 and 38-1624 and repealing
the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 118; Nays 2; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, 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: Geringer, Presta.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Lloyd, McKechnie, Pottorff.

 The bill passed, as amended.

 SB 536, An act concerning civil commitment; enacting the care and treatment act for
persons with an alcohol or substance abuse problem; concerning the care and treatment act
for mentally ill persons; amending K.S.A. 1997 Supp. 59-2952, 59-2953, 59-2954, 59-2955,
59-2957, 59-2958, 59- 2961, 59-2963, 59-2964, 59-2966, 59-2967, 59-2969 and 59-2972 and
repealing the existing sections; also repealing K.S.A. 65-4034, 65-4039, 65-4046, 65-4047,
65-4051, 65-4052, 65-4053, 65-4055, 60-4057, 65-4058, 65-5203, 65-5207, 65-5209, 65-
5214, 65-5221, 65-5222, 65-5226, 65-5227, 65- 5228, 65-5230, 65-5231, 65-5232 and 65-
5233 and K.S.A. 1997 Supp. 59-2946a, 59-2985, 59-2986, 65-4003, 65-4025, 65-4026,
65-4027, 65-4028, 65-4030, 65-4031, 65-4032, 65-4033, 60-4035, 65- 4036, 65-4037, 65-
4038, 65-4040, 65-4041, 65-4042, 65-4043, 65-4044, 65-4045, 65-4048, 65-4049, 65-4050,
65-4054, 65-5201, 65-5202, 65-5204, 65-5205, 65-5206, 65-5208, 65-5210, 65-5211, 65-
5212, 65-5213, 65-5215, 65-5216, 65-5217, 65-5218, 65-5219, 65-5220, 65-5223, 65-5224,
65-5225 and 65-5229, was considered on final action.

 On roll call, the vote was: Yeas 118; Nays 2; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, 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: Haley, Spangler.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Lloyd, McKechnie, Pottorff.

 The bill passed, as amended.

MOTIONS TO CONCUR AND NONCONCUR
 The motion of Rep. Packer to concur in Senate amendments to HB 2590, An act con-
cerning housing; providing for the creation of rural housing incentive districts in such cities
and counties; imposing certain requirements, was considered (see previous action, House
Journal, page 1671). The motion prevailed and the House concurred in Senate amendments.
(The House requested the Senate to return the bill, which was in conference).

 On roll call, the vote was: Yeas 102; Nays 18; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody,
Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson,
Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Holmes, Horst, Huff,
Humerickhouse, Hutchins, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKinney, Minor, Myers, Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson,
J. Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson,
Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swen-
son, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Aurand, Ballou, Faber, Geringer, Hayzlett, Howell, Jennison, Johnson, Kejr, Mol-
lenkamp, Morrison, Neufeld, O'Connor, Shallenburger, Shore, Toplikar, Wagle, Weber.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Lloyd, McKechnie, Pottorff.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2419 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Freeborn, Johnson and Phelps as
conferees on the part of the House.

 On motion of Rep. Mayans, the House nonconcurred in Senate amendments to Sub. HB
2630 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Mayans, Gilmore and Henry as con-
ferees on the part of the House.

 On motion of Rep. Wilson, the House nonconcurred in Senate amendments to HB 2636
and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Wilson, Tomlinson and Kirk as con-
ferees on the part of the House.

 On motion of Rep. Glasscock, the House concurred in Senate amendments to HB 2729,
An act concerning cities; relating to the abatement of certain nuisances; amending K.S.A.
12-1617e and K.S.A. 1997 Supp. 12-1617f and repealing the existing sections.

 On roll call, the vote was: Yeas 112; Nays 7; Present but not voting: 0; Absent or not
voting: 6.

 Yeas: Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Emp-
son, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Ger-
inger, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kirk, Phil Kline, Krehbiel, Kuether, Lane, Larkin, M. Long, Mason, Mayans, Mays, Mc-
Clure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, 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, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: Ballou, Kejr, Klein, Phill Kline, Landwehr, P. Long, Vickrey.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Helgerson, Lloyd, McKechnie, Pottorff.

 On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB
2782 and asked for a conference.

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

 On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2837
and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. O'Neal, Shore and Reardon as con-
ferees on the part of the House.

 On motion of Rep. Carmody, the House concurred in Senate amendments to HB 2854,
An act concerning civil procedure; relating to the rules of evidence; concerning the authen-
tication of copies of records; amending K.S.A. 60-465 and repealing the existing section.

 On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, 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, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Sa-
muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Helgerson, Lloyd, McKechnie, Packer, Pottorff.

 On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB
2867 and asked for a conference.

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

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2868 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Freeborn, Johnson and McClure as
conferees on the part of the House.

 On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to HB
2877 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and Helgerson as
conferees on the part of the House.

 On motion of Rep. Allen, the House concurred in Senate amendments to HB 2899, An
act concerning the department of wildlife and parks; relating to the development of lake
resorts, funding, negotiations; duties; amending K.S.A. 32-867, 32-869 and 32-873 and
K.S.A. 1997 Supp. 41-719 and repealing the existing sections.

 On roll call, the vote was: Yeas 113; Nays 5; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Holmes, Horst,
Howell, Huff, Humerickhouse, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pow-
ell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallen-
burger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk, Wilson.

 Nays: Flower, Henry, Hutchins, Spangler, Wempe.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Helgerson, Lloyd, McKechnie, Packer, Pottorff.

 On motion of Rep. Welshimer, the House concurred in Senate amendments to HB 2902,
An act concerning townships; relating to the powers and duties thereof.

 On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, 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, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Sa-
muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Helgerson, Lloyd, McKechnie, Packer, Pottorff.

 On motion of Rep. Mayans, the House nonconcurred in Senate amendments to HCR
5042 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Mayans, Gilmore and Henry as con-
ferees on the part of the House.

 Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

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

 HB 3024, An act relating to the pooled money investment board; concerning audits and
comparative investment reviews; amending K.S.A. 46-1106, 75-4222 and 75-4234 and re-
pealing the existing sections; also repealing K.S.A. 75-627, by Committee on Appropriations.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
 The following resolution was introduced and read by title:

HOUSE RESOLUTION No. 6019--

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

     
A RESOLUTION in memory of Wallace Benjamin (Ben) Foster.


    WHEREAS, Ben Foster, 71, of Wichita, died March 13, 1998, at his second home in
Taos, New Mexico; and

    WHEREAS, Ben Foster, a life-long Republican, served 20 years in the Kansas House of
Representatives (1965-68 and 1975-90) and four years in the Kansas Senate (1969-72). He
was Speaker Pro Tem of the House of Representatives from 1981 through 1984. His com-
mittee assignments included Judiciary, Ways and Means, Arts and Cultural Resources and
Health. His expertise in the legislative process caused him to be greatly respected by others
in state government; and

    WHEREAS, Ben Foster was born in Hutchinson, and while attending Hutchinson public
schools won a Kansas State Debate Championship. He served as a naval cadet during World
War II. After World War II he attended the University of Kansas where he earned Bachelor
of Arts and Doctor of Laws Degrees. He served in the Air Force during the Korean War
and continued in the Air Force Reserve after the war retiring with the rank of Lieutenant
Colonel. After the end of the Korean War, he returned to Kansas and to the practice of law
in Wichita. He joined an old friend, Kenneth F. Beck, to found the law firm of Beck and
Foster. He served as Municipal Court Judge from 1967-69; and

    WHEREAS, Ben Foster is survived by his wife, Lucinda Stevens Foster: Now, therefore,

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

    Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send an enrolled copy of this resolution to Mrs. Wallace Benjamin Foster, 25 Camino
Ovejero Road, El Prado, New Mexico 87529.

CHANGE OF REFERENCE
 Speaker pro tem Wagle announced the withdrawal of HB 2748 from Select Committee
on Higher Education and referral to Committee on Appropriations.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, pursuant to House Rule 2306, the following bills were
withdrawn from the calendar under the order of business General Orders and referred to
Committee on Appropriations:

 SB 388; H. Sub. for SB 405; SB 408, 483, 514, 523; H. Sub. for SB 671.

REPORTS OF STANDING COMMITTEES
    The Committee on Appropriations recommends HB 2921 be amended on page 3, in
line 14, by striking ``$349,078'' and inserting in lieu thereof ``$374,078''; in line 38, by striking
all after ``unit''; in line 39, by striking all before the period;

    On page 4, in line 5, by striking all after ``unit''; in line 6, by striking all before the colon;
after line 38, by inserting the following:

    ``(e) On the effective date of this act, the appropriation of all moneys credited to and
available in the correctional facilities expansion projects revenue fund established by section
45(g) of chapter 192 of the 1997 Session Laws of Kansas for the capital improvements
projects for expansion at Hutchinson correctional facility is hereby lapsed and the correc-
tional facilities expansion projects revenue fund is hereby abolished.'';

    And by relettering the remaining subsection accordingly;

    On page 6, after line 1, by inserting the following:


``Cedar Crest repair and renovation $380,400'';
    On page 8, in line 43, by striking ``1998'' and inserting in lieu thereof ``1999'';

    On page 10, after line 22, by inserting the following:


``Football stadium expansion--special revenue fund No limit
Provided, That Kansas state university may make expenditures from the football stadium
expansion--special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.'';

    Also on page 10, after line 37, by inserting the following:


``Improvements to grain science value added laboratory No limit

Construct a materials acoustics laboratory No limit'';
    On page 11, following line 17, by inserting the following:

    ``(j) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1998, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Football stadium expansion--special revenue fund No limit
Provided, That Kansas state university may make expenditures from the football stadium
expansion -- special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.'';

    Also on page 11, after line 30, by inserting the following:


``Equipment/pesticide storage buildings No limit

Southwest research extension center office/administrative facility No limit

Southeast agriculture research center buildings No limit

South central agronomy experiment field office and storage building No limit'';
    Also on page 11, after line 36, by inserting the following:

    ``(c) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:


Southeast agriculture research center buildings No limit'';
    On page 17, after line 19, by inserting the following:


``Continuing education program building acquisition--special revenuefund No limit
Provided, That the university of Kansas may make expenditures from the continuing edu-
cation program building acquisition--special revenue fund to acquire the real property
located at 1515 St. Andrews Drive in Lawrence, Kansas, in addition to the expenditure of
other moneys appropriated therefor: Provided, however, That expenditures from this fund
for such capital improvement project shall not exceed $2,000,000 plus all amounts required
for costs of any such bond issuance, costs of interest on any bonds issued or obtained for
such capital improvement projects and any required reserves for payment of principal and
interest on any bond: Provided further, That such capital improvement project is hereby
approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905
and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.


Dole institute gift or grant fund No limit'';
    Also on page 17, by striking all in lines 26 through 35;

    And by relettering the remaining subsection accordingly;

    Also on page 17, after line 39, by inserting the following:

    ``(e) In addition to the other purposes for which expenditures may be made from the
above agency from the continuing education programs account of the restricted fees fund
for the fiscal year ending June 30, 1999, as authorized by this act or by any other appro-
priation act of the 1998 regular session of the legislature, expenditures may be made by the
above agency from the continuing education programs account of the restricted fees fund
for fiscal year 1999 for the acquisition of the real property located at 1515 St. Andrews
Drive in Lawrence, Kansas.

    (f) In addition to the other purposes for which expenditures may be made from the
above agency from the operating expenditures (including official hospitality) account of the
state general fund for the fiscal year ending June 30, 1999, as authorized by this act or by
any other appropriation act of the 1998 regular session of the legislature, expenditures may
be made by the above agency from the operating expenditures (including official hospitality)
account of the state general fund for fiscal year 1999 for the acquisition of Erma B.Smith
Hall which is located on the campus in Lawrence, Kansas.

    (g) In addition to the other purposes for which expenditures may be made from the
above agency from the restricted fees fund for the fiscal year ending June 30, 1999, as
authorized by this act or by any other appropriation act of the 1998 regular session of the
legislature, expenditures may be made by the above agency from the appropriate account
or accounts of the restricted fees fund for fiscal year 1999 for the acquisition of 2.31 acres
of land near DeSoto, Kansas.'';

    On page 23, after line 12, by inserting the following:


``Matching grant for development of wetlands project at Milfordreservoir $361,512
Provided, That expenditures from this account may be made by the secretary of wildlife and
parks upon verification by the chairperson of WILDSCAPE that federal funds are available
from the U.S. army corps of engineers for development of the Milford wetlands: Provided,
however, That funds provided by the Kansas department of wildlife and parks to WILD-
SCAPE shall not be used to finance the administrative costs of WILDSCAPE.'';

    Also on page 23, following line 31, by inserting the following:


``EDIF--river recreation and access $132,000'';
    On page 24, by striking all in lines 9 through 19 and inserting in lieu thereof the following:

    ``(f) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $132,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF--river recreation and access fund of the department
of wildlife and parks.'';

    On page 25, by striking all in lines 40 through 43;

    On page 26, by striking all in lines 1 through 11;

    And by relettering the remaining subsections accordingly;

    On page 27, after line 6, by inserting the following:

    ``(o) During the fiscal year ending June 30, 1999, any expenditures by the department
of wildlife and parks from any moneys appropriated for fiscal year 1999, for wetlands ac-
quisition shall be for the acquisition of existing wetlands that are adjacent to state-owned
wetlands in Barton county or McPherson county: Provided, That, as used in this subsection,
wetlands are defined as areas that have a predominance of hydric soils and that are inundated
or saturated by surface or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions.

    (p) During the fiscal year ending June 30, 1999, any expenditures by the department
of wildlife and parks from any moneys appropriated for fiscal year 1999, for land acquisition
related to the playa lakes project shall be for lands which are adjacent to playa lakes prop-
erties that are already owned by the state: Provided, That no pumping of groundwater may
be done on any such newly acquired properties.''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
 HB 2640, 2676, 2792 reported correctly engrossed March 27, 1998.

 HB 2685, 2743, 2933 reported correctly re-engrossed March 27, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Tuesday, March 31,
1998.

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