April 2, 1998


Journal of the House


FIFTY-SIXTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Thursday, April 2, 1998, 9:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 121 members present.

 Reps. Henderson and Lloyd were excused on verified illness.

 Reps. Gilbert and Welshimer were excused on legislative business.

 Prayer by Chaplain Washington:

      Heavenly Father,

       When we have studied the matter and with everything in us, we know that we are
      right, remind us that we always thought that way 20 or 30 years ago.

       When we are prepared to argue, before we go out on that limb, would You give
      us the sense of Solomon? In 1 Kings 3:7-9, he said ``I know so little about being a
      leader.'' He said ``Please make me wise and teach me the difference between right
      and wrong.'' He said ``If you don't, there is no way I could lead these people.''

       Verse 10 of that passage says You were pleased that he asked for sense to be put
      in his head rather than cents to be put in his pocket, and then You gave him both.

       Lord, we want You to be pleased with our request. Our first desire is that You
      would put some sense in our heads. And after the votes have been cast, take care of
      the pockets.

       Let us rejoice that we asked for wisdom.

       I come to You in the Precious Name of Jesus, the Christ. Amen.

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

 Appropriations: SB 642, 643, 665.

 Utilities: Sub. SB 666.

MESSAGE FROM THE SENATE
 Announcing passage of Sub. HB 2662, as amended; Sub. HB 2704, as amended; HB
2726, as amended; Sub. HB 2950, as amended.

 The Senate nonconcurs in House amendments to SB 6, requests a conference and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to H. Sub. for SB 212, requests acon-
ference and has appointed Senators Salisbury, Brownlee and Barone as conferees on the
part of the Senate.

 The Senate nonconcurs in House amendments to SB 242, 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 400, requests a conference and has
appointed Senators Bond, Emert and Hensley as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2731 and has
appointed Senators Salisbury, Ranson and Gooch as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2759 and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 6.

 Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin 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 H. Sub. for SB 212.

 Speaker Shallenburger thereupon appointed Reps. Aurand, Sloan and McKinney 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 242.

 Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry 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 400.

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

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
 On motion of Rep. Powell, HR 6019, A resolution in memory of Wallace Benjamin (Ben)
Foster, was adopted.

INTRODUCTION OF GUESTS
 Rep. Powell addressed a few remarks to the members of the House about former Rep.
Ben Foster. Rep. Pottorff introduced Lucinda Foster, wife of Rep. Foster, who addressed
a few remarks to the members of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2612, An act concerning audits; relating to audits of the Kansas public employees
retirement system; concerning the pooled money investment board; amending K.S.A. 46-
1106. 75- 4222 and 75-4234 and K.S.A. 1997 Supp. 74-4921 and repealing the existing
sections; also repealing K.S.A. 75-627, was considered on final action.

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

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, 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, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, 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,
Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The bill passed, as amended.

 HB 2921, An act making and concerning appropriations for the fiscal years ending June
30, 1998, and June 30, 1999, and authorizing certain financing, for certain capital improve-
ment projects for the state fair board, department of social and rehabilitation services,
Kansas state school for the blind, Kansas state school for the deaf, department of corrections,
state historical society, insurance department, department of administration, department of
commerce and housing, Fort Hays state university, Kansas state university, Kansas state
university extension systems and agriculture research programs, Kansas state university vet-
erinary medical center, Emporia state university, Pittsburg state university, university of
Kansas, university of Kansas medical center, Wichita state university, department of human
resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of in-
vestigation, Kansas highway patrol, adjutant general, department of wildlife and parks and
juvenile justice authority; authorizing the initiation and completion of certain capital im-
provement projects; and directing or authorizing certain disbursements and acts incidental
to the foregoing, was considered on final action.

 On roll call, the vote was: Yeas 108; Nays 13; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gerin-
ger, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes,
Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Kirk, Phil Kline, Phill
Kline, Krehbiel, Kuether, Lane, Larkin, M. Long, Mason, Mayans, Mays, McClure, Mc-
Creary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.

 Nays: Alldritt, Dahl, Edmonds, Howell, Johnston, Klein, Landwehr, P. Long, McKinney,
Nichols, Packer, Presta, Spangler.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The bill passed, as amended.

 HCR 5052, A concurrent resolution requesting the placement of a mural in the Capitol
honoring the 1st Kansas (Colored) Voluntary Infantry Regiment, was considered on final
action.

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

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, 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, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, 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,
Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The resolution was adopted.

 H. Sub. for SB 618, An act concerning the Kansas public employees retirement system
and systems thereunder; relating to benefits and contributions; elections; prior service; death
and disability; termination of employment; assignment of offices; police or firemen, defi-
nition; purchase of service credit; criminal penalty for making false statements; audits; em-
ployment after retirement; affiliation; permanent cost-of-living increase; amending K.S.A.
20-2601a, 20-2603, 20-2605, 20-2606, 20-2610, 74-4919, 74-4919i, 74-4924, 74-4953,
74-4954 and 74-4955a and K.S.A. 1997 Supp. 46-2201, 74-4902, 74-4907, 74-4910, 74-4911,
74-4911f, 74-4913, 74-4914, 74-4916, 74-4919n, 74-4919p, 74-4919q, 74-4920, 74-4921, 74-
4927, 74-4936a, 74-4952, 74-4956, 74-4957, 74-4957a, 74-4958, 74-4958a, 74-4959, 74-
4960, 74-4960a, 74-4965, 74-4967, 74-4988 and 74-4992 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 92; Nays 29; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell,
Compton, Cook, Correll, Cox, Crow, Dean, Dillon, Edmonds, Empson, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Garner, Geringer, Glasscock, Grant, Gregory, Haley,
Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, John-
ston, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, M. Long, P. Long, Mayans, Mays, Mc-
Clure, McCreary, McKechnie, McKinney, Minor, Myers, Nichols, O'Neal, Packer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Ruff, Samuel-
son, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Wagle,
Weiland, Wells, Wempe.

 Nays: Aurand, Ballou, Carmody, Dahl, Dreher, Faber, Farmer, Freeborn, Gilmore, Hay-
zlett, Jennison, Kejr, Phil Kline, Phill Kline, Landwehr, Mason, Mollenkamp, Morrison,
Neufeld, O'Connor, Osborne, Palmer, Powell, Presta, Shore, Vining, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The substitute bill passed, as amended.

 SB 672, An act concerning tax increment financing; relating to the period of time by
which a project shall be completed and the determination of the assessed value of the
property located in a redevelopment district; amending K.S.A. 12-1776 and K.S.A. 1997
Supp. 12-1771 and 12-1775 and repealing the existing sections, was considered on final
action.

 On roll call, the vote was: Yeas 113; Nays 8; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, 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, Freeborn, Garner,
Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes,
Horst, 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,
Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shal-
lenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swen-
son, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Wempe, Wilk, Wilson.

 Nays: Aurand, Franklin, Howell, Landwehr, Neufeld, Packer, Presta, Toplikar.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The bill passed.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Mason to concur in Senate amendments to HB 2759, the motion did
not prevail and the bill remains in conference.

 On roll call, the vote was: Yeas 48; Nays 72; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Campbell, Carmody, Comp-
ton, Dahl, Empson, Findley, Flaharty, Geringer, Glasscock, Gregory, Hayzlett, Helgerson,
Holmes, Horst, Jennison, Johnson, Kirk, Phil Kline, Lane, P. Long, Mason, Mayans,
McCreary, Osborne, Palmer, E. Peterson, J. Peterson, Pottorff, Ray, Samuelson, Sawyer,
Schwartz, Shore, Shultz, Sloan, Stone, Storm, Tanner, Thimesch, Wagle, Wells.

 Nays: Aurand, Ballou, Burroughs, Cook, Correll, Cox, Crow, Dean, Dillon, Dreher, Ed-
monds, Faber, Farmer, Feuerborn, Flora, Flower, Franklin, Freeborn, Garner, Gilmore,
Grant, Haley, Henry, Howell, Huff, Humerickhouse, Hutchins, Johnston, Kejr, Klein, Phill
Kline, Krehbiel, Kuether, Landwehr, Larkin, M. Long, Mays, McClure, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Packer, Pauls, Phelps, Powell, Powers, Presta, Reardon, Reinhardt, Ruff, Shallenburger,
Sharp, Showalter, Shriver, Spangler, Swenson, Toelkes, Tomlinson, Toplikar, Vickrey, We-
ber, Weiland, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Vining, Welshimer.

 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2972
and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Boston, Tanner and Ruff as conferees
on the part of the House.

 On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB
2726 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. Mayans, the House nonconcurred in Senate amendments to HB 2723
and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as con-
ferees on the part of the House.

 On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to Sub.
HB 2704 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Farmer, Morrison and Dean as con-
ferees on the part of the House.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to Sub.
HB 2950 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Freeborn, Glasscock and McClure as
conferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HB 2895, 2893
were advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment,
debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report to HB 2895 was adopted; also, on motion of Rep. Phil Kline was
amended on page 19, in line 3, by striking ``$194,007,171'' and inserting ``$194,007,173''; in
line 7, by striking ``$2,640,870'' and inserting ``$2,321,585'';

 Also, on motion of Rep. Helgerson HB 2895 was amended on page 20, following line 1,
by inserting the following:

    ``Sec. 49. (a) On and after the effective date of this act no moneys appropriated for the
fiscal year ending June 30, 1998, to the attorney general or to any other state agency shall
be expended for any contingency fee payments or any other compensation payments to any
law firm that entered into the engagement and contingency agreement with the attorney
general, pursuant to such engagement and contingency agreement, or for any activities or
operations of the attorney general or the office of the attorney general conducted or un-
dertaken for the implementation or administration of or for any other purpose regarding
such engagement and contingency agreement, except as specifically authorized and directed
by this act with respect to terminating such engagement and contingency agreement, nor
shall any other funds of any agency of the state government of Kansas be utilized for any
such purpose. It is the intent of this section to invoke and exercise the ``termination due to
lack of funding appropriation'' clause, contained in the contractual provisions attachment
form DA-146a, of the engagement and contingency agreement.

    (b) The attorney general is hereby authorized and directed to terminate forthwith the
engagement and contingency agreement entered into by the attorney general with such law
firms pursuant to the ``termination due to lack of funding appropriation'' clause, contained
in the contractual provisions attachment form DA-146a, of the engagement and contingency
agreement.

    (c) As used in this section:

    (1) ``Attorney general'' means the attorney general of the state of Kansas and includes
any officer or employee of the office of the attorney general of the state of Kansas;

    (2) ``law firm'' means any of the law firms of Entz & Chanay, P.A., Scruggs, Millette,
Lawson, Bozeman & Dent, P. A., and Ness, Motley, Loadholt, Richardson & Poole, P.A.,
and includes any attorney who is a member of, who is employed by or who has contracted
with or is otherwise associated with or performing legal services for any such law firm;

    (3) ``state agency'' has the meaning ascribed by K.S.A. 75-3701 and amendments
thereto;

    (4) ``engagement and contingency agreement'' means the engagement and contingency
agreement entered into by the law firms with the attorney general to provide legal services
to the state of Kansas for the purpose of seeking injunctive relief, monetary relief, including,
without limitation, damages and civil penalties, and other relief against tobacco industry
companies and related entities in litigation arising from the advertising, marketing, manu-
facturing, promotion, sale and/or distribution of cigarettes and other tobacco products; and

    (5) ``activities or operations'' means any normal operating activities or operations of the
attorney general or any of the officers or employees of the office of the attorney general
and includes any meetings, communications, legal work or any administrative activity of any
kind participated in or entered into or conducted in any manner by the attorney general or
any officer or employee of the office of the attorney general.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 31, by striking ``and'' and inserting a comma; in line 32,
preceding the semicolon, by inserting ``and attorney general'';

 HB 2895, An act making and concerning appropriations for the fiscal year ending June
30, 1998, for the department of administration, state bank commissioner, state historical
society, Kansas state board of cosmetology, board of nursing, Kansas, Inc., behavioral sci-
ences regulatory board, Kansas public employees retirement system, Kansas dental board,
department of revenue, state board of indigents' defense services, health care stabilization
fund board of governors, citizens' utility ratepayer board, department of human resources,
department of social and rehabilitation services, department on aging, department of rev-
enue = m homestead property tax refunds, Kansas commission on veterans affairs, Kansas
state university veterinary medical center, Kansas state university, Wichita state university,
university of Kansas medical center, Emporia state university, Fort Hays state university,
Pittsburg state university, Kansas arts commission, juvenile justice authority, state fire mar-
shal, ombudsman of corrections, Kansas parole board, attorney general--Kansas bureau of
investigation, Kansas sentencing commission, Kansas department of agriculture, Kansas
wheat commission, state fair board, state conservation commission, department of health
and environment, adjutant general, insurance department, Kansas lottery, Kansas racing and
gaming commission, judicial branch, state board of tax appeals, department of transporta-
tion, legislature, department of commerce and housing and attorney general; authorizing
certain transfers and capital improvement projects, imposing certain restrictions and limi-
tations, and directing or authorizing certain receipts and disbursements and acts incidental
to the foregoing; repealing K.S.A. 75-3730a and 75-3730b, was considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 102; Nays 19; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Allen, Ballard, Ballou, Beggs, Boston, Burroughs, Campbell, Carmody, Compton,
Cook, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Fin-
dley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutch-
ins, Jennison, Johnson, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane,
Larkin, M. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Pauls, E. Peterson, J. Peter-
son, Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Wempe, Wilk, Wilson.

 Nays: Adkins, Alldritt, Aurand, Benlon, Dean, Edmonds, Garner, Howell, Johnston,
Landwehr, P. Long, McKinney, Osborne, Packer, Palmer, Powell, Presta, Sharp, Tomlinson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The bill passed, as amended.

 Committee report to HB 2893 was adopted; also, on motion of Rep. Packer was amended
on page 41, in line 33, by striking ``$400,000'' and inserting ``No limit'';

 Also, roll call was demanded on motion of Rep. Adkins to amend HB 2893 on page 86,
preceding line 9, by inserting the material to read as follows:


``Economic development initiatives fund $895,500'';
    Also on page 86, preceding line 26, by inserting material to read as follows:

    ``(d) Expenditures may be made from the economic development initiatives fund of the
state library for the following purposes, subject to the expenditure limitations prescribed
therefor:


Grants-in-aid to libraries $745,500
Provided, That all expenditures from the grants-in-aid to libraries account shall be for grants-
in-aid to libraries and shall be distributed in accordance with K.S.A. 75-2555 and amend-
ments thereto.


Purchase first search database $150,000
    (e) On July 15, 1999, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $895,500 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the economic development initiatives fund of the state library.'';

 On roll call, the vote was: Yeas 96; Nays 25; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Empson, Faber, Feuer-
born, Findley, Flaharty, Flora, Flower, Garner, Gilmore, Grant, Haley, Hayzlett, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nich-
ols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Vickrey, Weiland, Wells, Wilson.

 Nays: Aurand, Ballou, Cox, Edmonds, Farmer, Franklin, Freeborn, Geringer, Glasscock,
Gregory, Helgerson, Jennison, Kejr, Phil Kline, Mason, Neufeld, O'Connor, J. Peterson,
Shallenburger, Toplikar, Vining, Wagle, Weber, Wempe, Wilk.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, Welshimer.

 The motion of Rep. Adkins prevailed.

 Also, on motion of Rep. O'Connor to amend HB 2893, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. McCreary to amend HB 2893 on page
154, by striking all in lines 33 through 43;

    By striking all on page 155;

    On page 156, by striking all in lines 1 through 12;

    And by renumbering sections accordingly;

    Also on page 156, in line 36, by striking all following ``K.S.A.''; in line 37, by striking the
comma;

    In the title, in line 15, by striking all following ``K.S.A.''; in line 16, by striking all preceding
``79-34,147'';

 On roll call, the vote was: Yeas 90; Nays 30; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson,
Faber, Feuerborn, Findley, Flaharty, Flower, Freeborn, Garner, Geringer, Gilmore, Grant,
Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson,
Johnston, Klein, Krehbiel, Kuether, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mc-
Clure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, O'Neal, Osborne, Pal-
mer, Pauls, E. Peterson, Phelps, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson,
Sawyer, Schwartz, Sharp, Shore, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Weiland, Wells, Wempe, Wilson.

 Nays: Aurand, Ballou, Cook, Farmer, Flora, Franklin, Glasscock, Gregory, Helgerson,
Jennison, Kejr, Kirk, Phil Kline, Phill Kline, Landwehr, Mays, Neufeld, Nichols, O'Connor,
Packer, J. Peterson, Pottorff, Powell, Shallenburger, Shriver, Swenson, Vining, Wagle, We-
ber, Wilk.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, McKechnie, Welshimer.

 The motion of Rep. McCreary prevailed.

 Also, on motion of Rep. Horst HB 2893 was amended on page 77, following line 36, by
inserting the following material to read as follows:

``Provided, That no unified school district, interlocal or educational cooperative shall receive
more than one innovative program grant during school year 1998-1999.'';

 Also, on motion of Rep. Ray to amend HB 2893, Rep. Ray requested the amendment
be withdrawn. There was objection. The question then reverted back to the motion of Rep.
Ray, which did not prevail.

 The House stood in recess until 1:30 p.m.





______
Afternoon Session
 The House met pursuant to recess with Speaker pro tem Wagle in the chair.

 Discussion resumed under that order of business Emergency Final Action, subject to
amendment debate and roll call on HB 2893 (see previous action, Morning Session).

 Also, on further motion of Rep. Ray to amend HB 2893, the motion did not prevail.

 Also, on motion of Rep. Empson to amend HB 2893, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. Samuelson to amend HB 2893 on page
71, in line 1, by striking all following ``telecommunications''; by striking all in lines 2 through
7; in line 8, by striking all preceding the period; in line 11, by striking all following ``That'';
by striking all in lines 12 through 16; in line 17, by striking all preceding the period and
inserting ``the above agency shall make additional expenditures from this fund in an amount
of $10,000,000 for Headstart programs and the improvement of child care in Kansas
communities'';

    On page 80, by striking all in lines 26 through 33;

    On page 82, by striking all in lines 22 through 43;

    By striking all on pages 83 and 84;

    On page 85, by striking all in lines 1 through 22;

 On roll call, the vote was: Yeas 61; Nays 57; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Allen, Aurand, Beggs, Benlon, Boston, Campbell, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Empson, Faber, Flower, Franklin, Freeborn, Geringer, Gilmore, Gregory,
Hayzlett, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phill
Kline, Landwehr, Lane, P. Long, Mason, Mays, McCreary, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, O'Neal, Osborne, Palmer, Powell, Presta, Ray, Samuelson, Schwartz,
Shallenburger, Shore, Shultz, Stone, Tanner, Tomlinson, Toplikar, Vining, Wagle, Weber,
Wilk, Wilson.

 Nays: Alldritt, Ballard, Ballou, Burroughs, Correll, Crow, Dean, Dillon, Edmonds, Feuer-
born, Findley, Flaharty, Flora, Garner, Glasscock, Grant, Haley, Helgerson, Henry, Horst,
Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Larkin, M. Long, McClure, Mc-
Kechnie, McKinney, Minor, Nichols, Packer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powers, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler,
Storm, Swenson, Thimesch, Toelkes, Vickrey, Weiland, Wells, Wempe.

 Present but not voting: None.

 Absent or not voting: Adkins, Farmer, Gilbert, Henderson, Lloyd, Mayans, Welshimer.

 The motion of Rep. Samuelson prevailed.

 Also, roll call was demanded on further motion of Rep. Samuelson to amend HB 2893
on page 31, in line 40, preceding the period, by inserting: ``except for abortions or abortion
related services necessary for the preservation of the life of a woman or to prevent substantial
harm to a woman's health'';

 On roll call, the vote was: Yeas 51; Nays 68; Present but not voting: 0; Absent or not
voting: 6.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Correll, Cox, Crow, Dean, Dillon,
Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Glasscock, Haley, Helger-
son, Horst, Huff, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane,
McKechnie, Minor, Nichols, E. Peterson, Pottorff, Ray, Reinhardt, Ruff, Samuelson, Saw-
yer, Sharp, Showalter, Shriver, Sloan, Stone, Storm, Toelkes, Tomlinson, Weiland, Wells.

 Nays: Aurand, Ballou, Boston, Burroughs, Campbell, Carmody, Compton, Cook, Dahl,
Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Grant, Gregory,
Hayzlett, Henry, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline,
Landwehr, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKin-
ney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, Phelps, Powell, Powers, Presta, Reardon, Schwartz, Shallenburger, Shore, Shultz,
Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Wagle, Weber, Wempe, Wilk, Wil-
son.

 Present but not voting: None.

 Absent or not voting: Gilbert, Henderson, Lloyd, J. Peterson, Spangler, Welshimer.

 The motion of Rep. Samuelson did not prevail.

 Also, on motion of Rep. Farmer HB 2893 was amended on page 31, in line 40, preceding
the period, by inserting the following: ``, except that, such expenditures may be made from
this fund in the event of a medical emergency which causes a pregnant woman's medical
condition to be such that, on the basis of a physician's good-faith clinical judgment, an
immediate abortion is necessary to avert the woman's death or to avert a serious risk of
substantial and irreversible impairment of a major bodily function'';

 Also, roll call was demanded on motion of Rep. Hutchins to amend HB 2893 on page
28, following line 11, by inserting new material to read as follows:


``Brown county impact aid $150,000
Provided, That expenditures shall be made from this account for a grant to the county
commission of Brown county to assist with the impact of opening tribal casinos on the
county.


Jackson county impact aid $150,000
Provided, That expenditures shall be made from this account for a grant to the county
commission of Jackson county to assist with the impact of opening tribal casinos on the
county.'';

 On roll call, the vote was: Yeas 12; Nays 106; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Campbell, Dahl, Edmonds, Freeborn, Humerickhouse, Hutchins, Klein, Mays, Mc-
Kinney, Packer, Toplikar, Vining.

 Nays: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Carmody, Compton, Cook, Correll, Cox, Crow, Dillon, Dreher, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilmore, Glas-
scock, Grant, Gregory, Hayzlett, Helgerson, Henry, Holmes, Horst, Howell, Huff, Jennison,
Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, M.
Long, P. Long, Mason, Mayans, McClure, McCreary, McKechnie, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peter-
son, 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, Tomlinson, Vickrey,
Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Gilbert, Haley, Henderson, Landwehr, Lloyd, Welshimer.

 The motion of Rep. Hutchins did not prevail.

 Also, roll call was demanded on motion of Rep. Klein to amend HB 2893 on page 51,
in line 15, by adding $50,000 to the dollar amount and by adjusting the dollar amount in
line 15 accordingly; in line 21, after the colon, by inserting: ``And provided further, That,
the advisory committee on Hispanic affairs shall develop and administer a grant program
to award grants to local elderly Hispanic community organizations: And provided further,
That, of the moneys appropriated in the operating expenditures account, $50,000 shall be
distributed by the advisory committee on Hispanic affairs for grants to local Hispanic com-
munity organizations for the elderly:'';

 On roll call, the vote was: Yeas 49; Nays 68; Present but not voting: 0; Absent or not
voting: 8.

 Yeas: Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Feuerborn,
Findley, Flaharty, Flora, Garner, Grant, Helgerson, Henry, Holmes, Horst, Johnston, Kirk,
Klein, Krehbiel, Kuether, Larkin, M. Long, McClure, McKechnie, McKinney, Minor, Nich-
ols, Pauls, E. Peterson, Phelps, Powers, Presta, Reardon, Reinhardt, Ruff, Sawyer, Sharp,
Showalter, Shriver, Spangler, Swenson, Thimesch, Toelkes, Weiland, Wells, Wempe.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook,
Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Ger-
inger, Gilmore, Gregory, Hayzlett, Howell, Huff, Hutchins, Jennison, Johnson, Kejr, Phil
Kline, Phill Kline, Landwehr, Lane, P. Long, Mason, Mayans, Mays, McCreary, Mollen-
kamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson,
Pottorff, Powell, Ray, Samuelson, Schwartz, Shallenburger, Shore, Sloan, Stone, Storm,
Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Glasscock, Haley, Henderson, Humerickhouse, Lloyd,
Shultz, Welshimer.

 The motion of Rep. Klein did not prevail.

 Also, on motion of Rep. Reardon to amend HB 2893, Rep. Powers requested the question
be divided. The Chair ruled the question was not divisible. The question then reverted back
to the motion of Rep. Reardon to amend on page 76, in line 18, by adding $18,508,363 to
the dollar amount and by adjusting the dollar amount in line 18 accordingly;

 On roll call, the vote was: Yeas 83; Nays 35; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell,
Compton, Cook, Correll, Cox, Crow, Dean, Dillon, Dreher, Edmonds, Empson, Feuerborn,
Findley, Flaharty, Flora, Flower, Garner, Glasscock, Grant, Gregory, Helgerson, Henry,
Horst, Howell, Huff, Humerickhouse, Hutchins, Kirk, Klein, Krehbiel, Kuether, Lane, Lar-
kin, M. Long, P. Long, Mays, McClure, McKechnie, McKinney, Minor, Myers, Nichols,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Vining, Weiland,
Wells, Wempe, Wilk.

 Nays: Aurand, Ballou, Carmody, Dahl, Faber, Farmer, Franklin, Freeborn, Geringer,
Gilmore, Hayzlett, Holmes, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Mason, Mayans,
McCreary, Mollenkamp, Morrison, Neufeld, O'Connor, O'Neal, Powell, Presta, Shallen-
burger, Shore, Tanner, Toplikar, Vickrey, Wagle, Weber, Wilson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Haley, Henderson, Johnston, Phill Kline, Lloyd, Welshimer.

 The motion of Rep. Reardon prevailed.

 Also, on motion of Rep. Presta HB 2893 was amended on page 1, in line 30, by striking
``109'' and inserting ``111''; also in line 30, by striking ``120'' and inserting ``122'';

    On page 143, following line 4, by inserting the following:

    ``Sec. 99. (a) There is hereby established in the state treasury the Kansas transportation
trust fund.

    (b) Moneys in the Kansas transportation trust fund shall be used only for the purpose
of paying costs associated with the implementation of any transportation program authorized
by statute.

    (c) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the Kansas transportation trust fund interest earnings
based on:

    (1) The average daily balance of moneys in the Kansas transportation trust fund for the
preceding month; and

    (2) the net earnings rate for the pooled money investment portfolio for the preceding
month.

    (d) Upon written request by the secretary of transportation, the director of accounts
and reports shall transfer the amount specified in such request from the Kansas transpor-
tation trust fund to the state highway fund.

    Sec. 100. (a) On June 30, 1998, the director of accounts and reports shall transfer
$25,000,000 from the state general fund to the Kansas transportation trust fund established
by section 99.

    (b) On July 15, 1998, and on the 15th day of each calendar quarter thereafter before
July 1, 1999, the director of accounts and reports shall transfer $6,250,000 from the state
general fund to the Kansas transportation trust fund established by section 99.'';

 Also, on further motion of Rep. Presta to amend HB 2893, the motion did not prevail.
Also, roll call was demanded on further motion of Rep. Presta to amend HB 2893 on page
35, by striking all in lines 11 through 28;

    On page 74, after line 38, by inserting the following:

    ``(q) On July 15, 1998, and on the 15th day of each month during the fiscal year ending
June 30, 1999, or as soon after each such date as moneys are available, the director of
accounts and reports shall transfer $750,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the family and children endowment account of the family and
children investment fund: Provided, That total transfers to the family and children endow-
ment account of the family and children investment fund shall not exceed $9,000,000.'';

 On roll call, the vote was: Yeas 37; Nays 74; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Aurand, Boston, Campbell, Dahl, Edmonds, Farmer, Feuerborn, Flora, Freeborn,
Garner, Hayzlett, Henry, Horst, Howell, Jennison, Klein, P. Long, Mason, Minor, Nichols,
O'Neal, Packer, Phelps, Presta, Reinhardt, Sawyer, Sharp, Shore, Showalter, Shriver, Shultz,
Spangler, Thimesch, Tomlinson, Vickrey, Weiland, Wempe.

 Nays: Adkins, Allen, Ballard, Ballou, Beggs, Benlon, Burroughs, Carmody, Cook, Correll,
Cox, Crow, Dean, Dillon, Dreher, Empson, Faber, Findley, Flaharty, Flower, Franklin,
Geringer, Gilmore, Glasscock, Grant, Gregory, Helgerson, Holmes, Huff, Humerickhouse,
Hutchins, Johnson, Johnston, Kejr, Kirk, Phil Kline, Krehbiel, Kuether, Lane, Larkin, Ma-
yans, Mays, McClure, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, Osborne, Pauls, E. Peterson, J. Peterson, Pottorff, Powell, Powers, Ray, Reardon,
Ruff, Schwartz, Shallenburger, Sloan, Stone, Storm, Swenson, Tanner, Toelkes, Toplikar,
Vining, Wagle, Weber, Wells, Wilk.

 Present but not voting: None.

 Absent or not voting: Alldritt, Compton, Gilbert, Haley, Henderson, Phill Kline, Land-
wehr, Lloyd, M. Long, McKechnie, Palmer, Samuelson, Welshimer, Wilson.

 The motion of Rep. Presta did not prevail.

 Also, on motion of Rep. P. Long HB 2893 was amended on page 35, after line 28, by
inserting the following:

    ``(k) In addition to the purposes for which expenditures may be made by the above
agency for the fiscal year ending June 30, 1999, from any account or accounts of the state
general fund or any special revenue fund or funds or account or accounts thereof appro-
priated by this or any other act of the 1998 legislature for the above agency for the fiscal
year ending June 30, 1999, expenditures shall be made for an actuarial study to ascertain
the fiscal impact and associated effects of requiring participation in the state health care
benefits program by all public employers and other groups referenced in subsection (c) of
K.S.A. 75-6506, and amendments thereto, as qualified to participate in the state health care
benefits program: Provided, That any expenditures for such actuarial study from any special
revenue fund or funds or account or accounts thereof shall be in addition to any expenditure
limitation imposed on any special revenue fund or funds or account or accounts thereof.'';

 Also, roll call was demanded on motion of Rep. Gilmore to amend HB 2893 on page 54,
in line 14, by adding $481,120 to the dollar amount and by adjusting the dollar amount in
line 14 accordingly;

 On roll call, the vote was: Yeas 88; Nays 26; Present but not voting: 0; Absent or not
voting: 11.

 Yeas: Adkins, Alldritt, Allen, Ballard, Benlon, Boston, Burroughs, Campbell, Carmody,
Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber,
Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gilmore, Grant,
Gregory, Hayzlett, Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P.
Long, Mayans, Mays, McClure, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols,
O'Neal, Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powers, Presta, Ray, Reardon,
Reinhardt, Ruff, Sawyer, Sharp, Shore, Showalter, Shriver, Sloan, Spangler, Stone, Storm,
Swenson, Thimesch, Toelkes, Toplikar, Vining, Weiland, Wempe.

 Nays: Aurand, Ballou, Beggs, Cox, Farmer, Geringer, Glasscock, Jennison, Johnson, Kejr,
Phil Kline, Mason, McCreary, Neufeld, O'Connor, Osborne, J. Peterson, Powell, Schwartz,
Shallenburger, Tanner, Vickrey, Wagle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Gilbert, Haley, Henderson, Phill Kline, Lloyd, McKechnie, Sa-
muelson, Shultz, Tomlinson, Wells, Welshimer.

 The motion of Rep. Gilmore prevailed.

 Also, on motion of Rep. Stone to amend HB 2893, the motion did not prevail.

 Also, on motion of Rep. Pottorff HB 2893 was amended on page 59, in line 25, by striking
``syndrome'' and inserting ``support''; in line 27, by striking ``from'' where it appears for the
first time and inserting in lieu thereof ``for''; also in line 27, by striking ``syndrome''; in line
28, by striking ``syndrome'' and inserting ``support'';

 Also, roll call was demanded on motion of Rep. Storm to amend HB 2893 on page 76,
in line 18, by adding $3,391,080 to the dollar amount and by adjusting the dollar amount
in line 18 accordingly;

 On roll call, the vote was: Yeas 52; Nays 62; Present but not voting: 0; Absent or not
voting: 11.

 Yeas: Adkins, Alldritt, Ballard, Benlon, Boston, Burroughs, Campbell, Correll, Crow,
Dean, Dillon, Feuerborn, Findley, Flaharty, Flora, Freeborn, Garner, Grant, Henry,
Holmes, Horst, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, McClure, Mc-
Kinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Powers, Reardon, Reinhardt, Ruff,
Sawyer, Sharp, Showalter, Shriver, Sloan, Storm, Swenson, Thimesch, Toelkes, Tomlinson,
Weiland, Wells, Wempe.

 Nays: Aurand, Ballou, Beggs, Carmody, Compton, Cook, Cox, Dahl, Dreher, Edmonds,
Empson, Faber, Farmer, Flower, Franklin, Geringer, Gilmore, Glasscock, Gregory, Hay-
zlett, Helgerson, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil
Kline, Landwehr, Lane, P. Long, Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Pottorff, Powell, Presta,
Ray, Schwartz, Shallenburger, Shore, Shultz, Stone, Tanner, Toplikar, Vickrey, Vining, Wa-
gle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Allen, Gilbert, Haley, Henderson, Phill Kline, Lloyd, Mason,
McKechnie, Samuelson, Spangler, Welshimer.

 The motion of Rep. Storm did not prevail.

 Also, roll call was demanded on motion of Rep. Alldritt to amend HB 2893 on page 53,
following line 38, by inserting the following material to read as follows:


``Salaries and wages for swine production facility inspectors $580,700'';
    On page 65, in line 38, by adding 11.5 to the number in the line and by adjusting the
number in line 38 accordingly; following line 38, by inserting the following material to read
as follows:

``Provided, That within the above limitation on the number on full-time and regular part-
time positions equated to full-time, excluding seasonal and temporary positions, not less
than 11.5 full-time equivalent positions shall be designated and utilized for swine protection
facility inspectors.'';

 On roll call, the vote was: Yeas 77; Nays 38; Present but not voting: 0; Absent or not
voting: 10.

 Yeas: Alldritt, Ballard, Ballou, Boston, Burroughs, Compton, Correll, Crow, Dean, Dillon,
Edmonds, Empson, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Free-
born, Garner, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henry, Holmes,
Horst, Howell, Hutchins, Jennison, Johnston, Kirk, Klein, Krehbiel, Kuether, Landwehr,
Larkin, M. Long, P. Long, McClure, McKinney, Minor, Nichols, Palmer, Pauls, E. Peterson,
Phelps, Powell, Powers, Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Sharp, Shore, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Vining, Wagle, Weiland, Wells, Wempe, Wilk.

 Nays: Adkins, Aurand, Beggs, Benlon, Campbell, Carmody, Cook, Cox, Dahl, Dreher,
Faber, Geringer, Huff, Humerickhouse, Johnson, Kejr, Phil Kline, Lane, Mason, Mayans,
Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, J. Peterson, Presta, Ray, Shallenburger, Toplikar, Vickrey, Weber, Wilson.

 Present but not voting: None.

 Absent or not voting: Allen, Gilbert, Haley, Henderson, Phill Kline, Lloyd, McKechnie,
Pottorff, Samuelson, Welshimer.

 The motion of Rep. Alldritt prevailed.

 Also, on motion of Rep. Ballou to amend HB 2893, the motion was withdrawn.

 Also, on motion of Rep. Shore HB 2893 was amended on page 122, in line 2, preceding
the period, by inserting ``: And provided further, That expenditures shall be made from this
account for fiscal year 1999 for an additional amount of biweekly compensation for each
officer or employee of the Kansas highway patrol who is actively engaged in law enforcement
and accident investigation on state highways and who is not regularly and primarily assigned
to administrative duties: And provided further, That such additional amount of compensa-
tion in an amount for each officer or employee equal to $100 per biweekly pay period and
shall be known as hazardous duty pay: And provided further, That expenditures from this
account for hazardous duty pay for each such officer or employee of the Kansas highway
patrol shall be made in the same manner and at the same times that biweekly compensation
is payable to such officer or employee of the Kansas highway patrol for the biweekly pay
periods which are chargeable to fiscal year 1999'';

    On page 129, in line 30, by striking ``785.8'' and inserting ``780.8'';

 Also, roll call was demanded on motion of Rep. Larkin to amend HB 2893 on page 53,
in line 38, after ``council'', by inserting ``: Provided further, That no expenditures from the
salaries and wages account shall be made if the department of health and environment,
before the 1998 statewide general election, issues any water pollution control permit for
new construction or expansion of any confined feeding facility for swine that has or will have
an animal unit capacity of 3,800 or more and that is located in a county where the estab-
lishment of swine production facilities is allowed without approval by the registered voters
of the county at an advisory election authorized by law or at an election pursuant to K.S.A.
17-5908 and amendments thereto: And provided further, That the question of establishment
of swine production facilities in any such county shall be submitted to the registered voters
of such county at the 1998 statewide general election if, before August 1, 1998, a valid
petition is submitted to the board of county commissioners signed by qualified electors of
the county equal in number to not less than 5% of the electors of the county who voted for
the office of secretary of state at the last preceding general election at which such office
was elected'';

    On page 54, in line 7, after ``efficiency'', by inserting ``: And provided further, That no
expenditures from the other operating expenditures account shall be made if the department
of health and environment, before the 1998 statewide general election, issues any water
pollution control permit for new construction or expansion of any confined feeding facility
for swine that has or will have an animal unit capacity of 3,800 or more and that is located
in a county where the establishment of swine production facilities is allowed without ap-
proval by the registered voters of the county at an advisory election authorized by law or at
an election pursuant to K.S.A. 17-5908 and amendments thereto: And provided further,
That the question of establishment of swine production facilities in any such county shall
be submitted to the registered voters of such county at the 1998 statewide general election
if, before August 1, 1998, a valid petition is submitted to the board of county commissioners
signed by qualified electors of the county equal in number to not less than 5% of the electors
of the county who voted for the office of secretary of state at the last preceding general
election at which such office was elected'';

 On roll call, the vote was: Yeas 44; Nays 65; Present but not voting: 0; Absent or not
voting: 16.

 Yeas: Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Edmonds,
Faber, Feuerborn, Findley, Flaharty, Flora, Garner, Grant, Helgerson, Holmes, Howell,
Humerickhouse, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, Mollenkamp,
Morrison, Nichols, E. Peterson, Phelps, Pottorff, Reardon, Ruff, Sawyer, Sharp, Showalter,
Shultz, Spangler, Toelkes, Toplikar, Weiland, Wells.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook,
Cox, Dahl, Dreher, Empson, Farmer, Flower, Freeborn, Geringer, Gilmore, Glasscock,
Hayzlett, Horst, Huff, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Lane, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKinney, Minor, Neufeld, O'Connor, O'Neal, Os-
borne, Packer, Pauls, J. Peterson, Powers, Presta, Ray, Reinhardt, Schwartz, Shallenburger,
Shore, Shriver, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Tomlinson, Vickrey, Vin-
ing, Weber, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Franklin, Gilbert, Gregory, Haley, Henderson, Henry, Phill Kline,
Landwehr, Lloyd, McKechnie, Myers, Palmer, Powell, Samuelson, Wagle, Welshimer.

 The motion of Rep. Larkin did not prevail.

 Also, on motion of Rep. Ballou HB 2893 was amended on page 41, in line 20, by striking
``$2,370,706''; also in line 20, by subtracting $198,000`` from the dollar amount and adjusting
the dollar amount in line 20 accordingly;

    On page 51, in line 1, by subtracting 3.0 from the number in line 1 and adjusting the
number in line 1 accordingly; in line 2, by subtracting 7.0 from the number in line 2 and
adjusting the number in line 2 accordingly;

 Also, roll call was demanded on motion of Rep. Ballard to amend HB 2893 on page 76,
in line 25, by adding $11,268,826 to the dollar amount and by adjusting the dollar amount
in line 25 accordingly;

 On roll call, the vote was: Yeas 82; Nays 32; Present but not voting: 1; Absent or not
voting: 10.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell,
Compton, Cook, Correll, Crow, Dean, Dillon, Dreher, Edmonds, Empson, Feuerborn,
Findley, Flaharty, Flora, Flower, Garner, Gilmore, Grant, Gregory, Helgerson, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mayans, McClure, McCreary, McKinney, Mi-
nor, Myers, Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps, Powell,
Powers, Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Vining, Wagle,
Weiland, Wells, Wempe.

 Nays: Aurand, Ballou, Carmody, Cox, Dahl, Faber, Farmer, Franklin, Freeborn, Gerin-
ger, Glasscock, Hayzlett, Jennison, Johnson, Kejr, Phil Kline, Mason, Mays, Mollenkamp,
Morrison, Neufeld, O'Connor, J. Peterson, Presta, Ray, Shore, Tanner, Toplikar, Vickrey,
Weber, Wilk, Wilson.

 Present but not voting: Shallenburger.

 Absent or not voting: Gilbert, Haley, Henderson, Henry, Phill Kline, Lloyd, McKechnie,
Pottorff, Samuelson, Welshimer.

 The motion of Rep. Ballard prevailed.

 Also, on motion of Rep. Spangler to amend HB 2893, Rep. Wilk requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Spangler and HB 2893 was amended
on page 1, in line 30, by striking ``109'' and inserting in lieu thereof ``110''; also in line 30,
by striking ``120'' and inserting in lieu thereof ``121''; in line 35, by striking ``120'' and
inserting in lieu thereof ``121'';

    On page 43, in line 6, by subtracting $434,130 from the dollar amount and by adjusting
the dollar amount in line 6 accordingly; by striking all in line 19; by striking all in lines 23;

    On page 44, by striking all in lines 3 and 4;

    On page 45, in line 40, by subtracting $2,386,982 from the dollar amount and by adjusting
the dollar amount in line 40 accordingly;

    On page 46, in line 11, by subtracting $2,839,082 from the dollar amount and by adjusting
the dollar amount in line 11 accordingly; by striking all in line 42;

    On page 49, after line 1, by inserting the following:

    ``Sec. 50.

COUNCIL ON TRAVEL AND TOURISM
    (a) There is appropriated for the above agency from the state general fund the following:


State operations $434,130
    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Publication and other sales fund No limit

Linger longer program fund No limit

Kansas tourism attraction grants fund No limit
Provided, That notwithstanding the provisions of K.S.A. 74-5091, and amendments thereto,
the tourist attraction matching grant development shall be administered by the council on
travel and tourism.


Greyhound tourism fund No limit
    (c) Expenditures may be made from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the economic development initiatives fund of the council on travel and
tourism for the following purposes, subject to the expenditure limitations prescribed there-
for:


Tourism grants $452,100
    (d) On July 1, 1998, or as soon after such date as smoneys are available, the director of
accounts and reports shall transfer $2,389,082 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development initiatives fund of the council on
travel and tourism which is hereby created.'';

    And by renumbering sections accordingly;

 Also, on motion of Rep. Wagle to amend HB 2893, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. Schwartz to amend HB 2893 on page
35, by striking all in lines 11 through 28;

    On page 120, by striking all in lines 19 through 25;

    On page 154, by striking all in lines 16 through 32;

    And by renumbering sections accordingly;

    On page 156, in line 37, by striking all before ``and'' and inserting ``and 79-34,147'';

    On page 1, in the title, in line 16, by striking ``, 79-34,147 and 79-4801'' and inserting
``and 79-34,147'';

 On roll call, the vote was: Yeas 31; Nays 80; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Adkins, Allen, Aurand, Ballou, Benlon, Campbell, Compton, Cox, Dahl, Empson,
Feuerborn, Flower, Franklin, Freeborn, Glasscock, Henry, Holmes, Howell, Johnson, Phil
Kline, P. Long, Minor, Presta, Ray, Schwartz, Shore, Tomlinson, Toplikar, Vickrey, Wempe,
Wilk.

 Nays: Alldritt, Ballard, Beggs, Boston, Burroughs, Carmody, Cook, Correll, Crow, Dillon,
Dreher, Edmonds, Faber, Farmer, Findley, Flaharty, Flora, Garner, Geringer, Gilmore,
Grant, Gregory, Hayzlett, Helgerson, Horst, Huff, Humerickhouse, Hutchins, Jennison,
Johnston, Kirk, Klein, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, Mason, Ma-
yans, Mays, McClure, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nich-
ols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps, Powell, Pow-
ers, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Wagle, Weber, Weiland, Wells, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Gilbert, Haley, Henderson, Kejr, Phill Kline, Lloyd, Mc-
Kechnie, J. Peterson, Pottorff, Samuelson, Shallenburger, Vining, Welshimer.

 The motion of Rep. Schwartz did not prevail.

 Also, on motion of Rep. Horst to amend HB 2893, the motion did not prevail.

 Also, on motion of Rep. McKinney HB 2893 was amended on page 8, in line 18, pre-
ceding the period, by inserting the following: ``: And provided further, That the legislative
coordinating council is hereby authorized and directed to establish a joint committee on
foster care services and private contracts: And provided further, That the joint committee
on foster care services and private contracts shall meet during the 1998 interim period: And
provided further, That the joint committee on foster care services and private contracts shall
have the authority to meet on the call of the chair: And provided further, That the joint
committee on foster care services and private contracts shall have the authority to monitor
and review the activities of the department of social and rehabilitation services in regulating,
auditing and conducting general oversight over all contracts between the department of
social and rehabilitation services and private entities for the performance of foster care
services: And provided further, That the joint committee on foster care services and private
contracts shall prepare a report to be submitted to the 1999 legislature and shall make
recommendations on how foster care services provided to the children of the state of Kansas
may be improved: And provided further, That the joint committee on foster care services
and private contracts shall consist of 10 members, including five members of the house of
representatives and five members of the senate: And provided further, That three members
of the joint committee on foster care services and private contracts shall be appointed by
the speaker of the house of representatives, three members shall be appointed by the pres-
ident of the senate, two members shall be appointed by the minority leader of the house of
representatives, and two members shall be appointed by the minority leader of the senate:
And provided further, That members of the joint committee on foster care services and
private contracts shall receive compensation and travel expenses and subsistence expenses
or allowances from this account as provided in K.S.A. 75-3212 and amendments thereto
when attending meetings of the joint committee on foster care services and private contracts:
And provided further, That the joint committee on foster care services and private contracts
shall have services of the legislative research department, the office of the revisor of statutes
and other central legislative staff service agencies'';

 Also, on motion of Rep. Garner HB 2893 was amended on page 67, in line 18, by striking
``to provide foster care services in more than one region of the state''; in line 19, by striking
all after ``provider'';

 Also, on motion of Rep. Kirk to amend HB 2893, the motion did not prevail.

 Also, on motion of Rep. Neufeld HB 2893 was amended on page 113, in line 28, by
striking ``forgivable loan'' and inserting ``scholarship''; in line 30, by striking all following
``reappropriated''; in line 31, by striking all before ``for'';

 Also, on further motion of Rep. Neufeld HB 2893 was amended on page 54, in line 26,
by adding $50,000 to the dollar amount and by adjusting the dollar amount in line 26
accordingly;

 Also, roll call was demanded on motion of Rep. Nichols to amend HB 2893 on page 22,
following line 30, by inserting the following material to read as follows:

    ``(c) There is appropriated for the above agency from the state general fund for the
fiscal year or years specified, the following:


Actuarial funding -- 4% postretirement benefit increase
    For the fiscal year ending June 30, 1999 		$1,000,000
Provided, That, in accordance with this subsection, an increase of 4.0% in monthly retire-
ment benefit payments shall be paid by the above agency during the the fiscal year ending
June 30, 1999, to each of the retired members and local school annuitants and beneficiaries
and joint annuitants thereof who are eligible to receive regular retirement benefit payments
from the Kansas public employees retirement system on June 30, 1997, which shall be an
additional retirement benefit payment amount which shall be paid with the regular retire-
ment benefit payment: Provided further, That each such additional retirement benefit pay-
ment amount shall be equal to 4% of the amount payable on July 1, 1998: And provided
further, That any actuarial costs not paid from moneys appropriated in this account for such
fiscal years shall be included in the June 30, 1998, actuarial valuation in determining the
contribution rates for participating employers as provided by law for each retirement system
or plan administered under the Kansas public employees retirement system: And provided
further, That, as used in this subsection, ``retirement benefit payment'' means the payment
of any retirement benefit, pension or annuity by the system.'';

 On roll call, the vote was: Yeas 52; Nays 59; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Alldritt, Ballard, Burroughs, Campbell, Cook, Correll, Crow, Dillon, Feuerborn,
Findley, Flaharty, Flora, Flower, Garner, Grant, Helgerson, Henry, Humerickhouse,
Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, Mays, McClure, Mc-
Kinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Powers, Reardon, Reinhardt, Ruff,
Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Swenson, Thimesch, Toelkes, Tomlin-
son, Vickrey, Weiland, Wells, Wempe.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Franklin, Freeborn, Geringer, Gilmore,
Glasscock, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Jennison, Johnson, Kejr, Phil
Kline, Lane, P. Long, Mason, Mayans, McCreary, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Palmer, Powell, Presta, Ray, Schwartz, Shallenburger, Shore,
Sloan, Stone, Tanner, Toplikar, Vining, Wagle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Gilbert, Haley, Henderson, Phill Kline, Landwehr, Lloyd,
McKechnie, Packer, J. Peterson, Pottorff, Samuelson, Shultz, Welshimer.

 The motion of Rep. Nichols did not prevail.

 Also, on motion of Rep. Packer to amend HB 2893, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. Nichols to amend HB 2893 on page 53,
in line 34, by subtracting $384,515 from the dollar amount and by adjusting the dollar
amount in line 34 accordingly;

    On page 61, by striking all in lines 34 through 43;

    On page 62, by striking all in lines 1 through 13;

    And by relettering subsections accordingly;

    On page 65, in line 38, by subtracting 4.0 from the number in the line and adjusting the
number in line 38 accordingly;

 On roll call, the vote was: Yeas 33; Nays 78; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Alldritt, Burroughs, Cook, Crow, Dillon, Edmonds, Findley, Flaharty, Franklin,
Garner, Grant, Helgerson, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, Mays,
McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Shallen-
burger, Spangler, Toelkes, Wells.

 Nays: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Campbell, Car-
mody, Compton, Correll, Cox, Dahl, Dreher, Empson, Faber, Farmer, Feuerborn, Flower,
Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P.
Long, Mason, Mayans, McClure, McCreary, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Packer, Palmer, Powell, Powers, Presta, Ray, Reinhardt,
Schwartz, Shore, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Flora, Gilbert, Haley, Henderson, Phill Kline, Lloyd,
McKechnie, J. Peterson, Pottorff, Samuelson, Sharp, Showalter, Welshimer.

 The motion of Rep. Nichols did not prevail.

 Also, roll call was demanded on motion of Rep. Howell to amend HB 2893 on page 154,
preceding line 16, by inserting the following section to read as follows:

    ``Sec. 121. The aggregate amount of expenditures for the fiscal year ending June 30,
1999, by all state agencies named in this or any other appropriation act of the 1998 regular
session of the legislature of moneys appropriated from the state general fund or any special
revenue fund for fiscal year 1999, made by this or other appropriation act of the 1998 regular
session of the legislature for the purpose of leasing or renting real property during the fiscal
year ending June 30, 1999, shall not exceed the amount equal to 105% of the aggregate of
all expenditures by such state agencies for the purpose of leasing or renting real property
during the fiscal year ending June 30, 1997: Provided further, That nothing in this section
shall be interpreted as modifying or requiring the termination of any existing lease or rental
contract agreement: And provided further, That the secretary of administration and the
director of the budget shall take such actions and issue such directives as may be necessary
and appropriate to implement, administer and enforce the provisions of this section in
accordance with law: And provided further, That if the budget estimate for the fiscal year
ending June 30, 1999, submitted pursuant to K.S.A. 75-3717 and amendments thereto by
any state agency named in this or other appropriation act of the 1998 regular session of the
legislature or the governor recommended budget for the fiscal year ending June 30, 1999,
for such state agency includes authorization for expenditures for the purpose of leasing or
renting real property during the fiscal year ending June 30, 1999, which exceeds 104% of
such state agency's expenditures for the purpose of leasing or renting real property during
the fiscal year ending June 30, 1997, the head of such state agency shall provide a written
explanation to the director of the budget, the chair and ranking minority member of the
senate committee on ways and means, the chair and ranking minority member of the house
of representatives committee on appropriations, and each of the members of the joint com-
mittee on state building construction: And provided further, That such written explanation
shall include a detailed listing of all such state agency's contracts or agreements for the lease
or rental of real property and a specification of the terms thereof and shall be submitted in
accordance with this section prior to October 1, 1998.'';

    And by renumbering sections accordingly;

 On roll call, the vote was: Yeas 37; Nays 68; Present but not voting: 0; Absent or not
voting: 20.

 Yeas: Boston, Campbell, Carmody, Dahl, Farmer, Franklin, Garner, Gilmore, Gregory,
Helgerson, Holmes, Horst, Howell, Johnston, Kejr, Landwehr, Larkin, P. Long, Mayans,
McCreary, Myers, Neufeld, O'Connor, Packer, Palmer, Pauls, Powell, Presta, Schwartz,
Shallenburger, Swenson, Tanner, Toplikar, Vickrey, Vining, Wagle, Weber.

 Nays: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Burroughs, Cook, Correll,
Cox, Crow, Dillon, Dreher, Edmonds, Empson, Faber, Feuerborn, Findley, Flaharty, Flora,
Flower, Freeborn, Geringer, Glasscock, Grant, Hayzlett, Henry, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kirk, Phil Kline, Krehbiel, Kuether, Lane, M. Long, Mays,
McClure, McKinney, Minor, Mollenkamp, Morrison, Nichols, O'Neal, Osborne, Phelps,
Powers, Ray, Reardon, Reinhardt, Ruff, Sharp, Shore, Shriver, Shultz, Sloan, Stone, Thi-
mesch, Toelkes, Tomlinson, Weiland, Wells, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Alldritt, Compton, Dean, Gilbert, Haley, Henderson, Klein, Phill
Kline, Lloyd, Mason, McKechnie, E. Peterson, J. Peterson, Pottorff, Samuelson, Sawyer,
Showalter, Spangler, Storm, Welshimer.

 The motion of Rep. Howell did not prevail.

 Also, on motion of Rep. Reardon to amend HB 2893, Rep. Reardon requested his motion
be withdrawn. There was objection. The question then reverted back to the motion of Rep.
Reardon to amend on page 76, in line 18, by adding $4,000,000 to the dollar amount and
by adjusting the dollar amount in line 18 accordingly;

 Roll call was demanded.

 On roll call, the vote was: Yeas 49; Nays 64; Present but not voting: 0; Absent or not
voting: 12.

 Yeas: Alldritt, Ballard, Boston, Burroughs, Campbell, Correll, Crow, Dillon, Findley, Fla-
harty, Flora, Garner, Grant, Hayzlett, Helgerson, Henry, Holmes, Horst, Humerickhouse,
Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, McClure, McKinney, Myers,
Nichols, Pauls, E. Peterson, Phelps, Powers, Reardon, Ruff, Sawyer, Schwartz, Sharp, Shore,
Showalter, Shriver, Shultz, Spangler, Storm, Toelkes, Tomlinson, Weiland, Wells.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Flower, Franklin, Freeborn,
Geringer, Gilmore, Glasscock, Gregory, Howell, Huff, Hutchins, Jennison, Johnson, Kejr,
Phil Kline, Lane, P. Long, Mason, Mayans, Mays, McCreary, Minor, Mollenkamp, Morri-
son, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Powell, Presta, Ray, Reinhardt,
Shallenburger, Sloan, Stone, Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Wagle,
Weber, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Gilbert, Haley, Henderson, Phill Kline, Landwehr, Lloyd,
McKechnie, J. Peterson, Pottorff, Samuelson, Welshimer.

 The motion of Rep. Reardon did not prevail.

 HB 2893, An act making and concerning appropriations for the fiscal years ending June
30, 1999, June 30, 2000, June 30, 2001, and June 30, 2002, for state agencies; authorizing
certain transfers, capital improvement projects and fees, imposing certain restrictions and
limitations, and directing or authorizing certain receipts and disbursements and acts inci-
dental to the foregoing; amending K.S.A. 79-34,147 and 79-4801 and repealing the existing
sections; also repealing section 23 of chapter 123 of the 1997 Session Laws of Kansas, was
considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 30; Nays 85; Present but not voting: 0; Absent or not
voting: 10.

 Yeas: Ballard, Boston, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty,
Garner, Grant, Helgerson, Henry, Johnston, Kirk, Kuether, McClure, McKinney, Pauls, E.
Peterson, Phelps, Reardon, Reinhardt, Sawyer, Showalter, Shriver, Storm, Thimesch, To-
elkes, Wells.

 Nays: Adkins, Alldritt, Allen, Aurand, Ballou, Beggs, Benlon, Campbell, Carmody, Comp-
ton, Cook, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flora, Flower, Franklin,
Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phil Kline, Krehbiel, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McCreary, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peter-
son, Powell, Powers, Presta, Ray, Ruff, Schwartz, Shallenburger, Sharp, Shore, Shultz, Sloan,
Spangler, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Dean, Gilbert, Haley, Henderson, Phill Kline, Lloyd, McKechnie,
Pottorff, Samuelson, Welshimer.

 The bill did not pass.

EXPLANATION OF VOTE
 Mr. Speaker: I will vote ``No'' on HB 2893. As a member of Appropriations, I believe
we worked and passed a balanced and fair budget. With months of careful consideration
and continuous deliberation the committee considered various proposals in all areas funded
in this bill. It is my belief that the body has taken little notice of this carefully crafted
legislation and has acted irresponsibly by showing no control in making reasonable funding
decisions.

 The spending flood gates have opened and too many of us have been washed away in the
frenzy. We must regain our bearings, refocus our priorities and vote no on this irresponsible
piece of legislation.--Brenda K. Landwehr, Peggy Long

MESSAGE FROM THE GOVERNOR
March 31, 1998


Message to the House of Representatives of the State of Kansas:

Enclosed herewith is Executive Order No. 98-2 for your information.

EXECUTIVE ORDER NO. 98-2
Delegating Certain Rule Making
Authority Granted the Governor by the Code of Military Justice
to the Kansas Adjutant General


                                                                                    Bill Graves

                                                                                    Governor

The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.

MESSAGES FROM THE GOVERNOR
 HB 2025, 2418, 2621, 2718, 2732, 2760 approved on April 2, 1998.

MESSAGES FROM THE SENATE
 The Senate concurs in House amendments to H. Sub. for SB 100.

 The Senate concurs in House amendments to SB 679.

 The Senate adopts conference committee report on SB 106.

 Announcing rejection of HB 2894.

 Also, announcing passage of SB 648.

 Announcing passage of HB 2149, as amended by S. Sub. for HB 2149; Sub. HB 2609,
as amended.

 Announcing adoption of HCR 5054.

 The Senate adopts conference committee report on HB 2419.

 The Senate nonconcurs in House amendments to H. Sub. for SB 618, requests a con-
ference and has appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2704 and
has appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2723 and has
appointedSenators Praeger, Langworthy and Hensley as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2726 and has
appointed Senators Oleen, Schraad and Jones as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2950 and
has appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2972 and
has appointed Senators Oleen, Harrington and Jones as conferees on the part of the Senate.

 The President announced the appointment of Senator Barone as a member of the con-
ference committee on HB 2731 to replace Senator Gooch.

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

 SB 648.

REPORT ON ENGROSSED BILLS
 HB 2867 reported correctly engrossed April 2, 1998.

REPORT ON ENROLLED RESOLUTIONS
 HCR 5035; HR 6019 reported correctly enrolled and properly signed on April 2, 1998.

 On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, April 3, 1998.

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