April 3, 1998


Journal of the House


FIFTY-SEVENTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Friday, April 3, 1998, 10:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 111 members present.

 Reps. Henderson and Lloyd were excused on verified illness.

 Reps. Dean, Gilbert, Haley, Phill Kline, McKechnie, Pauls, Pottorff, Samuelson and Wel-
shimer were excused on legislative business.

 Reps. Allen, Benlon and Powers were excused on excused absence by the Speaker.

 Present later: Rep. Benlon and Powers.

 Prayer by Bill (P.R.) Roberts:

      Heavenly Father,

       We thank you for the gifts you give us. The gifts of love and wisdom.

       As we begin this day of session, help us to draw from these gifts. Give us strength
      to do what is asked of us today and help us to do all things in love and with wisdom.

       In Christ's name I pray. Amen.

 The House stood in recess until 11:00 a.m.

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

 The House stood in recess until 12:30 p.m.

______
 The House met pursuant to recess with Speaker Shallenburger in the chair.

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

 Appropriations: SB 648.

MESSAGES FROM THE GOVERNOR
 HB 2789 approved on April 3, 1998.

COMMUNICATIONS FROM STATE OFFICERS
 From Barbara S. Tombs, Executive Director, Kansas Sentencing Commission Annual
Report for Fiscal Year 1997.

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

INTRODUCTION OF ORIGINAL MOTIONS
 Having voted on the prevailing side, pursuant to House Rule 2303, Rep. Wilk moved that
the House reconsider its action on HB 2893 (see House Journal of April 2, 1998, pages
1753- 1765) and the bill be returned to that order of business Emergency Final Action,
subject to amendment, debate and roll call. The motion prevailed.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 On motion of Rep. Farmer to amend HB 2893, Rep. Helgerson requested the question
be divided. The question was divided.

 On Part A, HB 2893 was amended on page 1, by striking all in lines 32 and 33, which was amended on motion of
Representative Presta, and inserting in lieu thereof the following material to read as follows:
``authorized as provided in sections 109 through 120 of this act.'';

 On page 145, by striking the material which was inserted on motion of Representative Presta
which reads as follows:

 ``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) (tri-stars)e 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 transportation
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.'';

 And by renumbering sections accordingly;

 Roll call was demanded on Part B of the motion of Rep. Farmer and HB 2893 was
amended on page 56, in line 19, which relates to infant and toddler program, which was amended on motion of
Representative Gilmore, by subtracting $481,120 from the dollar amount and by adjusting
the dollar amount in line 14 accordingly;

 On roll call, the vote was: Yeas 69; Nays 41; Present but not voting: 0; Absent or not
voting: 15.

 Yeas: Adkins, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Compton,
Cook, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn,
Geringer, Gilmore, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason, Mayans,
Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, Palmer, J. Peterson, Powell, Presta, Ray, Schwartz, Shallenburger, Shore, Shultz,
Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

 Nays: Alldritt, Ballard, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty,
Flora, Garner, Grant, Helgerson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin,
M. Long, McClure, McKinney, Minor, Nichols, E. Peterson, Phelps, Reardon, Reinhardt,
Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Toelkes, Weiland,
Wells, Wempe.

 Present but not voting: None.

 Absent or not voting: Allen, Dean, Gilbert, Glasscock, Haley, Henderson, Phill Kline,
Lloyd, McKechnie, Pauls, Pottorff, Powers, Samuelson, Welshimer, Wilson.

 Roll call was demanded on Part C of the motion of Rep. Farmer and HB 2893 was
amended on page 78, in line 18, which relates to general state aid, which was amended on motion of Represen-
tative Reardon, by subtracting $3,508,363 from the dollar amount and by adjusting the dollar
amount in line 18 accordingly;

 On roll call, the vote was: Yeas 69; Nays 41; Present but not voting: 0; Absent or not
voting: 15.

 Yeas: Adkins, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Compton,
Cook, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn,
Geringer, Gilmore, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason, Mayans,
Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, Palmer, J. Peterson, Powell, Presta, Ray, Schwartz, Shallenburger, Shore, Shultz,
Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

 Nays: Alldritt, Ballard, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty,
Flora, Garner, Grant, Helgerson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin,
M. Long, McClure, McKinney, Minor, Nichols, E. Peterson, Phelps, Reardon, Reinhardt,
Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Toelkes, Weiland,
Wells, Wempe.

 Present but not voting: None.

 Absent or not voting: Allen, Dean, Gilbert, Glasscock, Haley, Henderson, Phill Kline,
Lloyd, McKechnie, Pauls, Pottorff, Powers, Samuelson, Welshimer, Wilson.

 Roll call was demanded on Part D of the motion of Rep. Farmer and HB 2893 was
amended in line 25, which relates to special education services aid, which was amended on motion of Repre-
sentative Ballard, by subtracting $11,268,826 from the dollar amount and by adjusting the
dollar amount in line 25 accordingly;

 On roll call, the vote was: Yeas 70; Nays 41; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Adkins, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Compton,
Cook, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn,
Geringer, Gilmore, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason, Mayans,
Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, Palmer, J. Peterson, Powell, Powers, Presta, Ray, Schwartz, Shallenburger, Shore,
Shultz, Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, We-
ber, Wilk.

 Nays: Alldritt, Ballard, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty,
Flora, Garner, Grant, Helgerson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin,
M. Long, McClure, McKinney, Minor, Nichols, E. Peterson, Phelps, Reardon, Reinhardt,
Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Toelkes, Weiland,
Wells, Wempe.

 Present but not voting: None.

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

 Roll call was demanded on Part E of the motion of Rep. Farmer and HB 2893 was
amended on page 88, by striking the following material which was inserted on motion of Rep-
resentative Adkins and which reads as follows:


``Economic development initiatives fund $895,500
 Also on page 88, by striking the material that was inserted preceding line 26 on motion of Representative Adkins
and which reads 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 and shall be distributed
in accordance with K.S.A. 75-2555 and amendments 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 endowment
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 75; Nays 36; Present but not voting: 0; Absent or not
voting: 14.

 Yeas: Adkins, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Compton,
Cook, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn,
Geringer, Gilmore, Gregory, Hayzlett, Helgerson, Holmes, Horst, Howell, Huff, Humer-
ickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason,
Mayans, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Os-
borne, Packer, Palmer, J. Peterson, Powell, Powers, Presta, Ray, Schwartz, Shallenburger,
Shore, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Tomlinson, To-
plikar, Vickrey, Vining, Wagle, Weber, Wempe, Wilk.

 Nays: Alldritt, Ballard, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty,
Flora, Garner, Grant, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long,
McClure, McKinney, Minor, Nichols, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Saw-
yer, Sharp, Showalter, Spangler, Toelkes, Weiland, Wells.

 Present but not voting: None.

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

 On Part F of the motion of Rep. Farmer HB 2893 was amended on page 158, preceding line 13, by inserting
the following new sections to read as follows:

 ``Sec. 123. On July 1, 1998, K.S.A. 79-2964 is hereby amended to read as follows: 79-
2964. There is hereby created the county and city revenue sharing fund. All moneys trans-
ferred or credited to such fund under the provisions of this act or any other law shall be
allocated and distributed in the manner provided herein. The director of accounts and
reports in each year on July 15 and December 10, shall make transfers in equal amounts
which in the aggregate equal 3.5% of the total retail sales and compensating taxes credited
to the state general fund pursuant to articles 36 and 37 of chapter 79 of the Kansas Statutes
Annotated and acts amendatory thereof and supplemental thereto during the preceding
calendar year from the state general fund to the county and city revenue sharing fund,
except that: (a) The transfers on July 15 and December 10 of each year shall be in equal
amounts which in the aggregate equal 2.823% of such taxes credited to the state general
fund during the preceding calendar year; and (b) the amount of the transfer on each such
date during state fiscal year 1998 1999 shall be equal to 101.75% 102.4% of the amount
transferred on the same date during state fiscal year 1997 1998. All such transfers are subject
to reduction under K.S.A. 75-6704 and amendments thereto. All transfers made in accord-
ance with the provisions of this section shall be considered to be demand transfers from the
state general fund.

 Sec. 124. On July 1, 1998, K.S.A. 79-3425i is hereby amended to read as follows: 79-
3425i. On January 15 and July 15 of each year, the director of accounts and reports shall
transfer a sum equal to the total taxes collected under the provisions of K.S.A. 79-6a04 and
79-6a10, and amendments thereto, and credited to the state general fund during the six
months next preceding the date of transfer, from the state general fund to the special city
and county highway fund, created by K.S.A. 79-3425, and amendments thereto, except that:
(1) Such transfers are subject to reduction under K.S.A. 75-6704, and amendments thereto;
and (2) the amount of the transfer on each such date during state fiscal year 1998 1999 shall
not exceed the amount equal to 101.75% 102.4% of the amount transferred on the same
date during state fiscal year 1997 1998. All transfers under this section shall be considered
to be demand transfers from the state general fund.'';

 And by renumbering sections accordingly;

 Also on page 160, of the printed version of the bill, as amended by House Committee,
in line 36, which was amended on motion of Representative McCreary, after ``K.S.A.'' by
inserting ``79-2964, 79-3425i,'';

 On page 1, in the title, of the printed version of the bill, as amended by House Committee,
in line 15, which was amended on motion of Representative McCreary, after ``K.S.A.'' by
inserting ``79-2964, 79-3425i,'';

 Also, roll call was demanded on motion of Rep. Klein to amend HB 2893 on page 40,
in line 20, preceding the period, by inserting: ``and 2% monthly shall be transferred to the
library development fund of the state library''; by striking all in lines 37 through 42;

    On page 86, after line 8, by inserting the following:


``Library development fund $895,500
Provided, That all expenditures from the library development fund shall be for grants-in-
aid to libraries and shall be distributed in accordance with K.S.A. 75-2555 and amendments
thereto and for purchase of first search database.'';

 On roll call, the vote was: Yeas 34; Nays 75; Present but not voting: 1; Absent or not
voting: 15.

 Yeas: Alldritt, Burroughs, Campbell, Crow, Feuerborn, Findley, Flaharty, Flora, Garner,
Grant, Henry, Johnston, Kirk, Klein, Kuether, Larkin, M. Long, McClure, McKinney, Nich-
ols, E. Peterson, Phelps, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Storm, Thi-
mesch, Toelkes, Weiland, Wells, Wempe.

 Nays: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook,
Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin,
Freeborn, Geringer, Gilmore, Gregory, Hayzlett, Helgerson, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long,
Mason, Mayans, Mays, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Powell, Powers, Ray, Reardon,
Schwartz, Shallenburger, Shore, Shultz, Sloan, Spangler, Stone, Swenson, Tanner, Tomlin-
son, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

 Present but not voting: Presta.

 Absent or not voting: Allen, Dean, Gilbert, Glasscock, Haley, Henderson, Phill Kline,
Krehbiel, Lloyd, McKechnie, Pauls, Pottorff, Samuelson, Welshimer, Wilson.

 The motion of Rep. Klein did not prevail

 Also, roll call was demanded on motion of Rep. McKinney to amend HB 2893 on page
117, after line 12, by inserting the following:


``Retire Ellsworth correctional facility bonds, 1988 series B $9,668,623
Provided, That all expenditures from the retire Ellsworth correctional facility bonds, 1988
series B account shall be to retire the Ellsworth correctional facility bonds, 1988 series B
on August 1, 1998, when such bonds are callable.


Defease El Dorado and Larned facilities bonds, series L, 1992 $49,250,000
Provided, That all expenditures from the defease El Dorado and Larned facilities bonds,
series L, 1992 account shall be to retire or defease the El Dorado and Larned facilities
bonds, series L, 1992.'';

 On roll call, the vote was: Yeas 43; Nays 64; Present but not voting: 0; Absent or not
voting: 18.

 Yeas: Alldritt, Ballard, Benlon, Burroughs, Correll, Crow, Dillon, Feuerborn, Findley,
Flaharty, Flora, Garner, Grant, Henry, Johnston, Kirk, Krehbiel, Kuether, Larkin, M. Long,
McClure, McKinney, Minor, Nichols, Packer, E. Peterson, Phelps, Presta, Reardon, Rein-
hardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Sloan, Storm, Swenson, Thimesch, Toelkes,
Weiland, Wells, Wempe.

 Nays: Adkins, Aurand, Ballou, Beggs, Boston, Campbell, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer,
Gilmore, Gregory, Hayzlett, Helgerson, Holmes, Horst, Huff, Hutchins, Jennison, Johnson,
Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason, Mayans, Mays, McCreary, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Powell, Pow-
ers, Ray, Schwartz, Shallenburger, Shore, Shultz, Stone, Tanner, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: Allen, Dean, Gilbert, Glasscock, Haley, Henderson, Howell, Hu-
merickhouse, Klein, Phill Kline, Lloyd, McKechnie, Pauls, Pottorff, Samuelson, Spangler,
Welshimer, Wilson.

 The motion of Rep. McKinney 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. 79-2964, 79-3425i, 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.

 On roll call, the vote was: Yeas 92; Nays 18; Present but not voting: 0; Absent or not
voting: 15.

 Yeas: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell,
Carmody, Compton, Cook, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber,
Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Gregory, Hayzlett, Helgerson,
Henry, Holmes, Horst, Howell, Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil
Kline, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, J. Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Ruff, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Wempe, Wilk.

 Nays: Alldritt, Correll, Feuerborn, Findley, Flaharty, Flora, Garner, Grant, Kirk, Klein,
Krehbiel, Kuether, McKinney, Nichols, Palmer, E. Peterson, Reinhardt, Toelkes.

 Present but not voting: None.

 Absent or not voting: Allen, Dean, Gilbert, Glasscock, Haley, Henderson, Humerick-
house, Phill Kline, Lloyd, McKechnie, Pauls, Pottorff, Samuelson, Welshimer, Wilson.

 The bill passed, as amended.

EXPLANATIONS OF VOTE


 Mr. Speaker: I vote yes on HB 2893. I am disappointed that the body chose to remove
amendments that would have provided needed funds for public schools, special education
and infant and toddler programs.

 However, I support the investments in education, state employee raises and higher ed-
ucationimprovements that remain in this bill.

 I hope that we will have a chance yet this session to make the important investments in
our children that we were unable to make today.--Tom Sawyer

Mr. Speaker: I regretfully vote yes on HB 2893. We have succeeded in being a responsible
legislative body. We are responsible for turning a deaf ear to our infants and toddlers, closing
our eyes to our Kansas kids with special needs, and refuse to speak of providing the intel-
lectual nourishment our children desperately and justly deserve! What happened to the cry,
``Is it good for the children''! We turned a deaf ear, closed our eyes and chose to ignore
them. Some members choose not to hear their cries and witness their tears. Today, we chose
to covet our dollars, not our most valuable assets: our Kansas families.--Tom Burroughs

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 618.

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

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2609
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. Mayans, the House nonconcurred in Senate amendments to HB 2724
and asked for a conference.

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

 On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to S.
Sub. for HB 2149 and asked for a conference.

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

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

 Request No. 160, by Representative Neufeld, congratulating Jara Coles for honorable
mention on the All-State Girls' Basketball Team;

 Request No. 161, by Representative Neufeld, congratulating Molly Knobbe, named to
the All- State Girls' Basketball Team;

 Request No. 162, by Representative Neufeld, congratulating Cimarron High Girls' Bas-
ketball Team and Coach for winning the 1998 Class 3A State Championship;

 Request No. 163, by Representative McClure, honoring ``Peppy Joe'' Vocasek as the
oldest working barber in the State of Kansas;

 Request No. 164, by Representative Schwartz, congratulating Duard and Irene Hiatt
on 50 years of marriage;

 Request No. 165, by Representative Dahl, honoring Marvin and Marge Rediker on 50
years of marriage;

 Request No. 166, by Representative Tanner, commending and paying tribute to the
Kansas Community Action Agencies in honor of Community Action Month;

 Request No. 167, by Representative Huff, congratulating Matthew Mourning for
achievingEagle Scout;

 Request No. 168, by Representatives Beggs, Horst and Kejr, congratulating Bo Maynes
for being the first Kansas High School wrestler to be undefeated four consecutive years and
winning theState Championship four consecutive years;

 Request No. 169, by Representative Larkin, congratulating Nemaha Valley-Seneca High
School Scholars Bowl participants;

 Request No. 170, by Representatives Henderson and Haley, congratulating KC-Wyan-
dotte High School, for winning the Boys' Basketball Class 5A Championship;

 Request No. 171, by Representative Schwartz, congratulating Hanover Boys' Basketball
Team for winning the Class 1A State Basketball championship;

 Request No. 172, by Representatives Findley, Ballard and Sloan, congratulating the
Lawrence Community Nursery School for 50 years of service to the children and families
of Lawrence and Douglas County;

 Request No. 173, by Representative Ray, congratulating Justin P. Lasater for achieving
Eagle Scout;

 Request No. 174, by Representative Phelps, commending Janet Herrman, recipient of
theMichael James Presidential Award presented by the Kansas Association of Middle Level
Education;

 Request No. 175, by Representative Phelps, congratulating Mike Oller for winning the
Heavyweight Championship of the 5A State Tournament;

 Request No. 176, by Representative Benlon, congratulating Kevin Judd for achieving
Eagle Scout;

 Request No. 177, by Representatives Henderson and Haley, congratulating Sumner
Academy, winners of the Class 4A Boys' Basketball State Championship;

 Request No. 178, by Representative Phill Kline, congratulating J. Hillary Kline on her
6th birthday;

 Request No. 179, by Representative Wells, congratulating Maurice Evans of Wichita
State University on being named to All-Freshman Missouri Valley 1997-98 Basketball Team;

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

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

 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 concurrent resolution was introduced and read by title:

HOUSE CONCURRENT RESOLUTION No. 5056--

By Representative Spangler


A PROPOSITION to amend the constitution of the state of Kansas, by revising article 2
      thereof, relating to the legislative branch of state government.

      Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the House of Representatives and two-thirds of the mem-
      bers elected (or appointed) and qualified to the Senate concurring therein:

          Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Article
2 of the constitution of the state of Kansas shall be revised to read as follows:

``Article 2. -- LEGISLATIVE
     
    ``§ 1. Legislative power. (a) The legislative power of this state shall be vested
      in a house of representatives and senate. The provisions of this subsection shall expire
      on January 8, 2001.

          (b) On and after January 8, 2001, the legislative power of this state shall be vested
      in a legislature consisting of one chamber. All authority vested by the constitution or
      laws of the state in the senate, house of representatives, or joint session thereof, insofar
      as applicable, shall be and hereby is vested in a legislature of one chamber.

          (c) On and after January 8, 2001, the provisions of this subsection shall govern
      all references to the legislature and legislative bodies. All provisions in the constitution
      and laws of the state relating to the legislature, the senate, the house of representa-
      tives, joint sessions of the senate and house of representatives shall, if applicable,
      apply and mean the legislature of one chamber and members thereof provided for in
      this section.

          (d) On and after January 8, 2001, the provisions of this subsection shall govern
      all references to legislative officers. All references to the clerk of the house of repre-
      sentatives or to the secretary of the senate shall mean, when applicable, the clerk of
      the legislature of one chamber. All references to speaker of the house of representa-
      tives and president of the senate shall mean speaker of the legislature.

          (e) On and after January 8, 2001, the provisions of this subsection shall govern
      all constitutional references to legislative bodies. Whenever any provision of the con-
      stitution requires submission of any matter to, or action by, the house of represen-
      tatives, the senate, or joint session thereof, of the members of either bodies or both
      bodies, it shall, after January 8, 2001, be construed to mean the legislature provided
      for in this section.

          ``§ 2. Senators and representatives. Legislators. (a) The number of representa-
      tives and senators shall be regulated by law, but shall not exceed one hundred twenty-
      five 125 representatives and forty 40 senators. Representatives and senators shall be
      elected from single-member districts prescribed by law. Representatives shall be
      elected for two year terms. Senators shall be elected for four year terms. The terms
      of representatives and senators shall commence on the second Monday of January
      of the year following election. The provisions of this subsection shall expire on Jan-
      uary 8, 2001.

          (b) On and after January 8, 2001, the number of legislators shall be regulated
      by law, but shall not exceed 75 members. Legislators shall be elected from single-
      member districts prescribed by law. At the general election to be held in November
      2000, and each November each four years thereafter, all members of the legislature
      shall be elected for a term of four years with the manner of such election to be
      determined by law. The terms of legislators shall begin on the second Monday of
      January of the year following election.''

          ``§ 8. Organization and sessions. (a) The legislature shall meet in regular
      session annually commencing on the second Monday in January, and all sessions
      shall be held at the state capital. The duration of regular sessions held in even-
      numbered years shall not exceed ninety calendar days. Such sessions may be ex-
      tended beyond ninety calendar days by an affirmative vote of two-thirds of the mem-
      bers elected to each house the legislature. Bills and concurrent resolutions under
      consideration by the legislature upon adjournment of a regular session held in an
      odd-numbered year may be considered at the next succeeding regular session held
      in an even-numbered year, as if there had been no such adjournment.

          (b) The legislature shall be organized concurrently with the terms of representa-
      tives except that the senate shall remain organized during the terms of senators. The
      president of the senate shall preside over the senate, and the speaker of the house
      of representatives shall preside over the house of representatives. A majority of the
      members then elected (or appointed) and qualified of the house of representatives
      or the senate shall constitute a quorum of that house. Neither house, without the
      consent of the other, shall adjourn for more than two days, Sundays excepted. Each
      house shall elect its presiding officer and determine the rules of its proceedings,
      except that the two houses may adopt joint rules on certain matters and provide for
      the manner of change thereof. Each house shall provide for the expulsion or censure
      of members in appropriate cases. Each house shall be the judge of elections, returns
      and qualifications of its own members. The provisions of this subsection shall expire
      on January 8, 2001.

          (c) On and after January 8, 2001, the speaker of the legislature shall preside over
      the legislature. A majority of the members of the legislature then elected (or ap-
      pointed) and qualified shall constitute a quorum. The legislature shall determine the
      rules of its proceedings and be the judge of elections, returns and qualifications of its
      members. The legislature shall elect its presiding officers and provide for the expulsion
      or censure of its members in appropriate cases.

          ``§ 9. Vacancies in legislature. All vacancies occurring in either house the
      legislature shall be filled as provided by law.

          ``§ 10. Journals. Each house The legislature shall publish a journal of its pro-
      ceedings. The affirmative and negative votes upon the final passage of every bill and
      every concurrent resolution for amendment of this constitution or ratification of an
      amendment to the Constitution of the United States shall be entered in the journal.
      Any member of either house may make written protest against any act or resolution,
      and the same shall be entered in the journal without delay or alteration.

          ``§ 13. Majority for passage of bills. A majority of the members then elected
      (or appointed) and qualified of each house in the legislature, voting in the affirmative,
      shall be necessary to pass any bill. Two-thirds (2/3) of the members then elected (or
      appointed) and qualified in each house in the legislature, voting in the affirmative,
      shall be necessary to ratify any amendment to the Constitution of the United States
      or to make any application for congress to call a convention for proposing amend-
      ments to the Constitution of the United States.

          ``§ 14. Approval of bills; vetoes. (a) Within ten days after passage, every bill
      shall be signed by the presiding officers and presented to the governor. If the gov-
      ernor approves a bill, he shall sign it. If the governor does not approve a bill, the
      governor shall veto it by returning the bill, with a veto message of the objections, to
      the house of origin of the bill legislature. Whenever a veto message is so received,
      the message shall be entered in the journal and in not more than thirty calendar days
      (excluding the day received), the house of origin legislature shall reconsider the bill.
      If two-thirds of the members then elected (or appointed) and qualified shall vote to
      pass the bill, it shall be sent, with the veto message, to the other house, which shall
      in not more than thirty calendar days (excluding the day received) also reconsider
      the bill, and if approved by two-thirds of the members then elected (or appointed)
      and qualified, it shall become a law, notwithstanding the governor's veto.

          If any bill shall not be returned within ten calendar days (excluding the day pre-
      sented) after it shall have been presented to the governor, it shall become a law in
      like manner as if it had been signed by the governor.

          (b) If any bill presented to the governor contains several items of appropriation
      of money, one or more of such items may be disapproved by the governor while the
      other portion of the bill is approved by the governor. In case the governor does so
      disapprove, a veto message of the governor stating the item or items disapproved,
      and the reasons therefor, shall be appended to the bill at the time it is signed, and
      the bill shall be returned with the veto message to the house of origin of the bill.
      Whenever a veto message is so received, the message shall be entered in the journal
      and, in not more than thirty 30 calendar days, the house of origin legislature shall
      reconsider the items of the bill which have been disapproved. If two-thirds of the
      members then elected (or appointed) and qualified shall vote to approve any item
      disapproved by the governor, the bill, with the veto message, shall be sent to the
      other house, which shall in not more than thirty calendar days also reconsider each
      such item so approved by the house of origin, and if approved by two-thirds of all
      the members then elected (or appointed) and qualified, any such item shall take
      effect and become a part of the bill.

          ``§ 15. Requirements before bill passed. No bill shall be passed on the day
      that it is introduced, unless in case of emergency declared by two-thirds of the
      members present in the house where a bill is pending legislature.

          ``§ 27. Impeachment. (a) The house of representatives shall have the sole
      power to impeach. All impeachments shall be tried by the senate; and when sitting
      for that purpose, the senators shall take an oath to do justice according to the law
      and the evidence. No person shall be convicted without the concurrence of two-
      thirds of the senators then elected (or appointed) and qualified. The provisions of
      this subsection shall expire on January 8, 2001.

          (b) The legislature shall have the sole power of impeachment, but two-thirds of
      the legislators elected (or appointed) and qualified must concur before a person may
      be convicted. When the legislature is sitting for the purpose of impeachment, the
      legislators shall take an oath to do justice according to the law and the evidence.''
    Sec. 2. The following statement shall be printed on the ballot with the amend-
ment as a whole:

          ``Explanatory statement. The purposes of this amendment is to: (1) Change the
      structure of the legislature from two legislative branches to one branch; (2) to de-
      crease the maximum number of legislators from 165 to 75 members; (3) to create
      four year terms for all legislators; (4) to amend the legislative article to reflect the
      change in the structure of the legislature from two legislative branches to one leg-
      islative branch.

          ``A vote for this amendment would change the structure of the legislature from
      two legislative branches to one branch, decrease the maximum number of legislators
      to 75 members and amend the legislative article of the constitution to reflect the
      change in the structure of the legislature.

          ``A vote against this amendment would continue the present structure of the leg-
      islature, continue the maximum number of legislators at 165, continue the terms of
      representatives at two years and terms of senators at four years and continue the
      provisions of article 2 which refer to two separate branches of the legislature.''
    Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 1998 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.

CHANGE OF REFERENCE
 Speaker pro tem Wagle announced the withdrawal of SB 599 from Committee on Ju-
diciary and referral to Committee on Appropriations.

CHANGE OF CONFEREES
 Speaker pro tem Wagle announced the appointment of Rep. Toelkes as a member of the
conference committee on HB 2609 to replace Rep. Reardon.

REPORT ON ENGROSSED BILLS
 HB 2895 reported correctly engrossed April 3, 1998.

REPORT ON ENROLLED BILLS
 HB 2282, 2559, 2590, 2607, 2738, 2832, 2835, 2854, 2867, 2876, 2899, 2902 re-
ported correctly enrolled, properly signed and presented to the governor on April 3, 1998.

REPORT ON ENROLLED RESOLUTIONS
 HR 6020 reported correctly enrolled and properly signed on April 3, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, April 8,
1998.

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