April 30, 1998


Journal of the House


SIXTY-SECOND DAY
______
Hall of the House of Representatives, Topeka, KS,
Thursday, April 30, 1998, 10:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 124 members present.

 Prayer by guest chaplain, the Rev. Elwyn Luber, pastor, First Lutheran Church, Topeka,
and guest of Rep. Shallenburger:

       Almighty and gracious God, throughout history you have called men and women
      into positions of leadership in government to provide for the welfare of all of your
      creation. Bestow your blessings upon these representatives here gathered as they
      carry out their responsibilities, not only to their constituents, but to each other, and
      above all, to you. Generate among this august body a spirit of like-minded purpose
      and bi-partisan camaraderie as they collaborate with one another. Inspire them with
      creativity as they chart our state's present and future. Fill them with Solomon-like
      wisdom which will inform all of their decisions. Imbue them a spirit of compassion
      for the cares and needs and hurts of our citizens. Finally, give them an attitude of
      thanksgiving for the privilege you have given them to be your servants and servants
      for all the people of Kansas. In the name of Jesus Christ, your model for all who
      serve you and others. Amen.

INTRODUCTION OF GUESTS
 Rep. Sawyer introduced Gordon Vadakin, Wichita State University coach of the bowling
program. Mr. Vadakin addressed a few remarks to the members of the House and introduced
the Women's Team who placed sixth at the 1998 Intercollegiate Bowling Championship in
Madison, Wisconsin, April 15-19. He also introduced the Men's Team who won first place
in the same championship.

 Reps. Gilbert and Dean presented each team member with a House certificate.

 Rep. Packer addressed a few remarks to the members of the House about the ACT exam.
Five young people from Kansas had perfect scores. The exam was taken by 959,301 students
in the United States, of which 21,162 were Kansas students.

 Rep. Packer introduced Adam Chmelka of Washburn Rural High School; Rep. Huff
introduced Scott Benolkin, who also had a perfect score on the SAT exam, of Shawnee
Mission West High School; and Rep. Wempe introduced Timothy Clark of Hoisington High
School. Two students from Wichita were unable to attend: Anna Perleberg and Katie Mitch-
ell both of Wichita High School East. The students were presented with House certificates.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

 HB 3034, An act repealing K.S.A. 1997 Supp. 65-4035; concerning treatment for persons
with alcohol abuse problems, by Committee on Appropriations.

 HB 3035, An act concerning the commission on governmental standards and conduct;
relating to the powers and duties thereof; amending K.S.A. 25-4180, as amended by section
16 of 1998 Substitute for House Bill No. 2662 and 46-280, as amended by section 23 of
1998 Substitute for House Bill No. 2662, and K.S.A. 1997 Supp. 25-4152, as amended by
section 10 of 1998 Substitute for House Bill No. 2662 and 25-4186, as amended by section
18 of 1998 Substitute for House Bill No. 2662 and repealing the existing sections; also
repealing K.S.A. 25-4180, as amended by section 5 of 1998 Senate Bill No. 410, and 46-
280, as amended by section 7 of 1998 Senate Bill No. 410, and K.S.A. 1997 Supp. 25-4152,
as amended by section 4 of 1998 Senate Bill No. 410, and 25-4186, as amended by section
6 of 1998 Senate Bill No. 410, by Committee on Appropriations.

 HB 3036, An act concerning municipalities; relating to special revenue bonds; amending
K.S.A. 1997 Supp. 12-1771, as amended by section 2 of 1998 House Bill No. 2631 and
12-1775, as amended by section 4 of 1998 House Bill No. 2631, and repealing the existing
sections; also repealing K.S.A. 1997 Supp. 12-1771, as amended by section 1 of 1998 Senate
Bill No. 672 and 12-1775, as amended by section 2 of 1998 Senate Bill No. 672, by Com-
mittee on Appropriations.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 Speaker pro tem Wagle announced the referral of HB 3034 to Committee of the Whole.

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

 Committee of the Whole: HB 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033.

MESSAGE FROM THE SENATE
 Announcing passage of HB 2895, as amended by S. Sub. for HB 2895.

 The Senate adopts conference committee report on SB 298.

 The Senate adopts conference committee report on HB 2233.

 The Senate adopts conference committee report on Sub. HB 2609.

 The Senate adopts conference committee report on Sub. HB 2630.

 The Senate adopts conference committee report on HB 2744.

 The President announced the appointment of Senator Bleeker as a member of the con-
ference committee on SB 234 to replace Senator Harrington.

INTRODUCTION OF ORIGINAL MOTIONS
 In accordance with subsection (b) of House Rule 1309, Rep. P. Long moved that HR
6010 bewithdrawn from Committee on Judiciary and be placed on the calendar under the
order of business General Orders.

 (The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of May 1, 1998, under the order of business ``Con-
sideration of Motions and House Resolutions Offered on a Previous Day'' as provided by
House Rule 1309 (b).)

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 514; HB 2233; Sub. HB 2609; Sub. HB 2630; HB 2744, 2731, 3034.

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

HOUSE RESOLUTION No. 6021

By Representatives Spangler, Alldritt, Aurand, Ballard, Burroughs, Campbell, Correll,
      Crow, Dillon, Farmer, Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Gilbert,
      Grant, Haley, Helgerson, Henderson, Horst, Kejr, Kirk, Klein, Phill Kline, Krehbiel,
      Kuether, Larkin, M. Long, McKechnie, Minor, Mollenkamp, Nichols, Osborne, Packer,
      Phelps, Powers, Presta, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Tanner,
      Thimesch, Toelkes, Toplikar, Vickrey, Weber, Wells and Wempe

      A RESOLUTION authorizing the Legislative Coordinating Council to intervene in the
      Kansas Supreme Court case, State ex rel. Tomasic v. The Unified Government of Wy-
      andotte County/Kansas City, Kansas.

          WHEREAS, 1998 House Bill No. 2631 authorized the issuance of special revenue bonds
      to aid in the construction of a major motor speedway in the state; and

          WHEREAS, The motor speedway is expected to attract a great number of tourists to the
      state and provide a strong boost to the economy of the state; and

          WHEREAS, The Kansas Legislature enacted House Bill No. 2631 on February 17, 1998,
      and the same was approved by the Governor on February 25, 1998; and

          WHEREAS, Subsequently, the constitutionality of a portion of 1998 House Bill No. 2631
      was questioned in a quo warranto action filed in the Kansas Supreme Court; and

          WHEREAS, During the legislative session one house of the legislature must pass a res-
      olution authorizing the Legislative Coordinating Council to file or to intervene in a lawsuit,
      pursuant to K.S.A. 46-1224: Now, therefore,

          Be it resolved by the House of Representatives of the State of Kansas: That the Legislative
      Coordinating Council is authorized to intervene in the Kansas Supreme Court case, styled
      State ex rel. Tomasic v. The Unified Government of Wyandotte County/Kansas City, Kansas,
      case number 81,074; and

          Be it further resolved: That the Chief Clerk of the House of Representatives be directed
      to provide an enrolled copy of this resolution to the Chairperson of the Legislative Coor-
      dinating Council.

      REPORTS OF STANDING COMMITTEES
          The Committee on Appropriations recommends SB 5, as further amended by Senate
      Committee, be amended on page 4, in line 10, following the period by inserting ``Nothing
      in this subsection shall allow federal grant moneys to be handled differently from any other
      moneys of the state unless the requirements of the applicable federal grant specifically
      require such federal moneys to be handled differently.''; and the bill be passed as amended.

          The Committee on Appropriations recommends SB 501 be amended on page 4, in line
      29, following ``K.S.A.'' by striking ``1997 Supp.''; in line 34, following ``K.S.A.'' by striking
      ``1997 Supp.'';

          On page 5, in line 16, following ``K.S.A.'' by striking ``1997 Supp.''; in line 21, following
      ``K.S.A.'' by striking ``1997 Supp.''; in line 26, following ``K.S.A.'' by striking ``1997 Supp.'';
      in line 31, following ``K.S.A.'' by striking ``1997 Supp.'';

          On page 6, preceding line 1, by inserting new material to read as follows:

          ``New Sec. 11. (a) The retirement benefit, pension or annuity payments accruing after
      June 30, 1998, to each retirant and each local school annuitant shall be increased by an
      amount equal to 3.0% of the retirement benefit, pension or annuity payment in effect on
      July 1, 1998, from the retirant's retirement system and shall be paid by such retirement
      system to the retirant and the local school annuitant during such period.

          (b) As used in this section:

          (1) ``Retirant'' means (A) any person who is a member of a retirement system and who
      retired prior to July 1, 1997, (B) any person who is a special member of a retirement system
      and who retired prior to July 1, 1997, and (C) any person who is a joint annuitant or
      beneficiary of any member described in clause (A) or any special member described in
      clause (B).

          (2) ``Retirement system'' means the Kansas public employees retirement system, the
      Kansas police and firemen's retirement system, the state school retirement system and the
      retirement system for judges.

          (3) ``Local school annuitant'' means (A) any person who is an annuitant with 10 or more
      years of service, who is receiving an annuity, whose annuity is not included, in whole or in
      part, in payments made to such school district under K.S.A. 72-5512b and amendments
      thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518
      and amendments thereto, and (B) any person who is receiving an annuity and who retired
      prior to September 1, 1981.

          Sec. 12. On July 1, 1998, K.S.A. 1997 Supp. 74-4920 is hereby amended to read as
      follows: 74-4920. (1) Upon the basis of each annual actuarial valuation and appraisal as
      provided for in subsection (3)(a) of K.S.A. 74-4908 and amendments thereto, the board shall
      certify, on or before July 15 of each year, to the division of the budget in the case of the
      state and to the agent for each other participating employer an actuarially determined es-
      timate of the rate of contribution which will be required, together with all accumulated
      contributions and other assets of the system, to be paid by each such participating employer
      to pay all liabilities which shall exist or accrue under the system, including amortization of
      the actuarial accrued liability over a period of 40 years commencing on July 1, 1993, and
      the actuarial accrued liability for members of the faculty and other persons who are em-
      ployed by the state board of regents or by educational institutions under its management
      assisted by the state board of regents in the purchase of retirement annuities as provided
      in K.S.A. 74-4925 and amendments thereto, as provided in this section. The actuarial ac-
      crued liability for all participating employers other than the state board of regents relating
      to members of the faculty and other persons described in this section, shall be amortized
      by annual payments that increase 4% for each year remaining in the amortization period.
      For all participating employers other than the state board of regents relating to members
      of the faculty and other persons described in this section, the projected unit credit actuarial
      cost method shall be used in annual actuarial valuations, commencing with the 1993 valu-
      ation, to determine the employer contribution rates that shall be certified by the board. The
      actuarial accrued liability for members of the faculty and other persons described in this
      subsection assisted by the state board of regents in the purchase of retirement annuities as
      provided in K.S.A. 74-4925 and amendments thereto shall be amortized by annual level
      payments over a period of 10 years commencing July 1, 1993. Such certified rate of contri-
      bution shall be based on the standards set forth in subsection (3)(a) of K.S.A. 74-4908 and
      amendments thereto and shall not be based on any other purpose outside of the needs of
      the system.

          (2) The division of the budget and the governor shall include in the budget and in the
      budget request for appropriations for personal services the sum required to satisfy the state's
      obligation under this act as certified by the board and shall present the same to the legislature
      for allowance and appropriation.

          (3) Each other participating employer shall appropriate and pay to the system a sum
      sufficient to satisfy the obligation under this act as certified by the board.

          (4) Each participating employer is hereby authorized to pay the employer's contribution
      from the same fund that the compensation for which such contribution is made is paid from
      or from any other funds available to it for such purpose. Each political subdivision, other
      than an instrumentality of the state, which is by law authorized to levy taxes for other
      purposes, may levy annually at the time of its levy of taxes, a tax which may be in addition
      to all other taxes authorized by law for the purpose of making its contributions under this
      act and, in the case of cities and counties, to pay a portion of the principal and interest on
      bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities lo-
      cated in the county, which tax, together with any other fund available, shall be sufficient to
      enable it to make such contribution. In lieu of levying the tax authorized in this subsection,
      any taxing subdivision may pay such costs from any employee benefits contribution fund
      established pursuant to K.S.A. 12-16,102 and amendments thereto. Each participating em-
      ployer which is not by law authorized to levy taxes as described above, but which prepares
      a budget for its expenses for the ensuing year and presents the same to a governing body
      which is authorized by law to levy taxes as described above, may include in its budget an
      amount sufficient to make its contributions under this act which may be in addition to all
      other taxes authorized by law. Such governing body to which the budget is submitted for
      approval, may levy a tax sufficient to allow the participating employer to make its contri-
      butions under this act, which tax, together with any other fund available, shall be sufficient
      to enable the participating employer to make the contributions required by this act.

          (5) The rate of contribution certified to a participating employer as provided in this
      section shall apply during the fiscal year of the participating employer which begins in the
      second calendar year following the year of the actuarial valuation. For the fiscal year com-
      mencing in calendar year 1993, the employer rate of contribution for the state of Kansas
      and for participating employers under K.S.A. 74-4931 and amendments thereto shall be
      3.1% of the amount of compensation upon which members contribute during the period.
      For the fiscal year commencing in calendar year 1994, the employer rate of contribution
      for the state of Kansas and for participating employers under K.S.A. 74-4931 and amend-
      ments thereto shall be 3.2% of the amount of compensation upon which members contribute
      during the period. For the fiscal year commencing in calendar year 1994, the employer rate
      of contribution for participating employers other than the state of Kansas shall be 2.2% of
      the amount of compensation upon which members contribute during the period. Except as
      specifically provided in this section, for the fiscal year commencing in calendar year 1995,
      the rate of contribution certified to a participating employer shall in no event exceed such
      participating employer's contribution rate for the immediately preceding fiscal year by more
      than 0.1% of the amount of compensation upon which members contribute during the
      period. Except as specifically provided in this section, for fiscal years commencing in cal-
      endar year 1996 and in each subsequent calendar year, the rate of contribution certified to
      the state of Kansas shall in no event exceed the state's contribution rate for the immediately
      preceding fiscal year by more than 0.2% of the amount of compensation upon which mem-
      bers contribute during the period. Except as specifically provided in this section, for fiscal
      years commencing in calendar year 1997 and in each subsequent calendar year, the rate of
      contribution certified to participating employers other than the state of Kansas shall in no
      event exceed such participating employer's contribution rate for the immediately preceding
      fiscal year by more than 0.15% of the amount of compensation upon which members con-
      tribute during the period. There shall be an employer rate of contribution certified to the
      state of Kansas and participating employers under K.S.A. 74-4931 and amendments thereto.
      There shall be a separate employer rate of contribution certified to all other participating
      employers other than the state of Kansas.

          (6) The actuarial cost of any legislation enacted in the 1994 session of the Kansas leg-
      islature will be included in the June 30, 1994, actuarial valuation in determining contribution
      rates for participating employers.

          (7) The actuarial cost of the provisions of section 11 and amendments thereto will be
      included in the June 30, 1998, actuarial valuation in determining contribution rates for
      participating employers.
          (8) The board with the advice of the actuary may fix the contribution rates for partici-
      pating employers joining the system after one year from the first entry date or for employers
      who exercise the option contained in K.S.A. 74-4912 and amendments thereto at rates
      different from the rate fixed for employers joining within one year of the first entry date.

          (8) (9) Employer contributions shall in no way be limited by any other act which now
      or in the future establishes or limits the compensation of any member.

          (9) (10) Each participating employer shall remit quarterly, or as the board may otherwise
      provide, all employee deductions and required employer contributions to the executive
      secretary for credit to the Kansas public employees retirement fund within 20 days after
      the end of the period covered by the remittance or within 25 days after forms or written
      instructions from the system were mailed by the system to such employer, whichever is
      later. Remittances of such deductions and contributions received after such date are delin-
      quent. Delinquent payments due under this subsection shall be subject to interest at the
      rate established for interest on judgments under subsection (a) of K.S.A. 16-204 and amend-
      ments thereto. At the request of the board, delinquent payments which are due or interest
      owed on such payments, or both, may be deducted from any other moneys payable to such
      employer by any department or agency of the state.

          Sec. 13. On July 1, 1998, K.S.A. 75-4360 is hereby amended to read as follows: 75-
      4360. (a) If the governor, the adjutant general, the superintendent of the highway patrol or
      any officer or trooper of the highway patrol, or agent of the Kansas bureau of investigation,;
      or any person employed by the state correctional institutions or the Kansas department of
      corrections or Kansas parole board in a correctional or supervisory or custodial capacity; or
      any person formerly serving in such capacity is prosecuted by civil action or summoned to
      appear before a grand jury or inquisition, for any act performed or committed by such
      person in the performance of duties imposed upon such person by law, and required in the
      enforcement of the laws of this state, all of the expenses of the defense of such actions or
      representation by legal counsel, including attorney's fees, witnesses' fees for the defense,
      defendant's court costs and all costs for transcripts of records and abstracts thereof on
      appeal, shall be paid by the state during his or her such person's term of office or employ-
      ment, or after such term of office or employment if such action was based upon any act
      performed or committed by such person during such term of office or employment. The
      attorney general shall be first consulted in regards to the selection of the attorney for the
      defense of any such person, and shall have approval thereof, except that the attorney general
      may, if he or she the attorney general sees fit, assume the responsibility for the defense or
      representation of such person and may conduct the same personally or by one or more of
      his or her assistants assistant attorney generals. The expenses of such defense or represen-
      tation shall be paid by the attorney general from any moneys made available to the attorney
      general for such purpose upon vouchers approved by the attorney general and in accordance
      with the provisions of appropriation acts.

          (b) The state may refuse to provide for the defense of an action against an employee or
      representation of the employee if the state determines that:
          (1) The act or omission was not within the scope of such employee's employment;
          (2) such employee acted or failed to act because of actual fraud or actual malice; or
          (3) the request was not made in accordance with subsection (c).
          (c) An employee's request for the state to provide for the defense of the employee or
      representation shall be made in writing with 15 days after service of process or subpoena
      upon the employee in the action. Such request shall be filed in the office of the attorney
      general. The state, in its discretion, may provide requested defense or representation for any
      of its employees who failed to make a request within the time prescribed by this subsection.
          (d) If after a timely request in accordance with subsection (c), the state fails or refuses
      to provide an employee with a defense or representation and the employee retains the em-
      ployee's own counsel to defend the action or proceeding or provide representation, such
      employee is entitled to recover from the state such reasonable attorney fees, costs and ex-
      penses as are necessarily incurred in defending the action or proceeding or providing rep-
      resentation if the action or proceeding or representation arose out of an act or omission in
      the scope of employment as an employee of the state and the trier of fact does not find that
      such employee acted or failed to act because of actual fraud or actual malice.
          (e) Nothing in this section shall be construed to deprive an employee of the right to
      petition a court of competent jurisdiction to compel the state to perform the duties imposed
      by this section.
          (f) Nothing in this section shall be construed to require the state to provide the defense
      or representation to an employee in a criminal or civil service proceeding.
          (g) Notwithstanding any other provision of law to the contrary, the state may reimburse
      an employee such reasonable attorney fees, costs and expenses as are necessarily incurred
      in defending a claim against the employee for punitive or exemplary damages if the state
      finds that:
          (1) The action or proceeding arose out of an act or omission in the scope of the employee's
      employment; and
          (2) the employee reasonably cooperated in good faith in the defense of the claim.

          Sec. 14. On July 1, 1998, K.S.A. 75-6108 is hereby amended to read as follows: 75-
      6108. (a) Upon request of an employee in accordance with subsection (e), a governmental
      entity shall: (1) Provide for the defense of any civil action or proceeding against such em-
      ployee, in such employee's official or individual capacity or both, on account of an act or
      omission in the scope of such employee's employment as an employee of the governmental
      entity, except as provided in subsection (c); and (2) provide legal counsel to such employee
      when such employee is summoned to appear before any grand jury or inquisition on account
      of an act or omission in the scope of such employee's employment as an employee of the
      governmental entity, except as provided in subsection (c).

          (b) A governmental entity may provide for a defense or representation by its own at-
      torney or by employing other counsel for this purpose or by purchasing insurance which
      requires that the insurer provide the defense. A governmental entity has no right to recover
      such expenses from the employee defended or represented, except as provided in K.S.A.
      75-6109 and amendments thereto.

          (c) Except as provided in K.S.A. 75-4360 and amendments thereto, a governmental
      entity may refuse to provide for the defense of an action against an employee or represen-
      tation of the employee if the governmental entity determines that:

          (1) The act or omission was not within the scope of such employee's employment;

          (2) such employee acted or failed to act because of actual fraud or actual malice;

          (3) the defense of the action or proceeding by the governmental entity would create a
      conflict of interest between the governmental entity and the employee; or

          (4) the request was not made in accordance with subsection (e).

          (d) If after a timely request in accordance with subsection (e), a governmental entity
      fails or refuses to provide an employee with a defense and the employee retains the em-
      ployee's own counsel to defend the action or proceeding, or provide representation, such
      employee is entitled to recover from the governmental entity such reasonable attorney fees,
      costs and expenses as are necessarily incurred in defending the action or proceeding or
      providing representation if the action or proceeding or representation arose out of an act
      or omission in the scope of employment as an employee of the governmental entity and the
      trier of fact does not find that such employee acted or failed to act because of actual fraud
      or actual malice.

          Nothing in this section shall be construed to deprive an employee of the right to petition
      a court of competent jurisdiction to compel the governmental entity or the governing body
      or an employee thereof to perform the duties imposed by this section.

          Nothing in this section shall be construed to require a governmental entity to provide the
      defense or representation to any employe in a criminal or civil service proceeding.

          (e) An employee's request for a governmental entity to provide for the defense of the
      employee or representation shall be made in writing within 15 days after service of process
      or subpoena upon the employee in the action. In actions involving employees of the state,
      such request shall be filed in the office of the attorney general. In actions involving em-
      ployees of a municipality, such request shall be filed with the governing body thereof or as
      otherwise provided by such governing body. A governmental entity, in its discretion, may
      provide requested defense or representation for any of its employees who failed to make a
      request within the time prescribed by this subsection.

          (f) Notwithstanding any other provision of law to the contrary, a governmental entity
      may reimburse an employee such reasonable attorney fees, costs and expenses as are nec-
      essarily incurred in defending a claim against the employee for punitive or exemplary dam-
      ages if the governmental entity finds that:

          (1) The action or proceeding arose out of an act or omission in the scope of the em-
      ployee's employment; and

          (2) the employee reasonably cooperated in good faith in the defense of the claim.'';

          And by renumbering sections accordingly;

          Also on page 6, preceding line 4, by inserting a new section to read as follows:

          ``Sec. 16. On July 1, 1998, K.S.A. 75-4360 and 75-6108 and K.S.A. 1997 Supp. 74-4920
      are hereby repealed.'';

          And by renumbering the remaining section accordingly;

          On page 1, in the title, in line 9, by striking ``salaries and compensation for state'' and
      inserting ``public''; in line 10, following the semicolon, by inserting ``relating to compensation
      and benefits; a postretirement benefit adjustment; legal representation under certain cir-
      cumstances;''; in line 11, by striking ``and 75-3111a'' and inserting ``, 75-3111a, 75-4360 and
      75-6108''; also in line 11, by striking ``and'' where it appears the third time, and inserting a
      comma; in line 12, following ``137b'' by inserting ``and 74-4920''; and the bill be passed as
      amended.

      INTRODUCTION OF ORIGINAL MOTIONS
       On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HB 3027, 3028,
      3029, 3030, 3031, 3032, 3033, 3034, 3026; SB 514 were advanced to Final Action on
      Bills and Concurrent Resolutions, subject to amendment, debate and roll call.

      FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
       HB 3027, An act concerning corrections; resolving conflicting amendments; amending
      K.S.A. 75-5291 and repealing the existing section; also repealing K.S.A. 75-5291a, was con-
      sidered on final action.

       On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
      voting: 2.

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

       Nays: None.

       Present but not voting: None.

       Absent or not voting: Helgerson, Powell.

       The bill passed.

       HB 3028, An act concerning the Kansas parimutuel racing act; amending K.S.A. 1997
      Supp. 74-8802 and repealing the existing section; also repealing K.S.A. 1997 Supp. 74-8802a,
      74-8802b and 74-8813a, was considered on final action.

       On roll call, the vote was: Yeas 109; Nays 14; Present but not voting: 0; Absent or not
      voting: 1.

       Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Car-
      mody, Compton, Cook, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber,
      Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore,
      Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
      Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phil Kline, Phill
      Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
      Mays, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
      O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Ray,
      Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
      Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, To-
      plikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,Wilson.

       Nays: Alldritt, Campbell, Correll, Feuerborn, Garner, Johnston, Kirk, McClure, McKin-
      ney, Packer, Powers, Presta, Samuelson, Swenson.

       Present but not voting: None.

       Absent or not voting: Powell.

       The bill passed.

       HB 3029, An act amending the uniform commercial code; definitions; amending K.S.A.
      84-1-201 and repealing the existing section; also repealing K.S.A. 84-1-201a, was considered
      on final action.

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

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

       Nays: None.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3030, An act concerning the Kansas commission on veterans affairs; relating to of-
      ficers and employees; amending K.S.A. 1997 Supp. 73-1210a and repealing the existing
      section; also repealing K.S.A. 1997 Supp. 73-1210b, was considered on final action.

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

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

       Nays: None.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3031, An act concerning the Kansas economic opportunity initiatives fund; amending
      K.S.A. 1997 Supp. 74-50,151 and repealing the existing section; also repealing K.S.A. 1997
      Supp. 74-50,151a, was considered on final action.

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

       Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
      Campbell, Carmody, Compton, Cook, Correll, Cox, Dahl, Dean, Dillon, Dreher, Edmonds,
      Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
      Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
      derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
      son, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
      M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
      Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, 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, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, To-
      plikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

       Nays: Crow, Garner, Johnston, Nichols, Packer, Spangler.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3032, An act concerning the employment security law; amending K.S.A. 1997 Supp.
      44-710 and repealing the existing section; also repealing K.S.A. 1997 Supp. 44-710j, was
      considered on final action.

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

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

       Nays: None. Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3033, An act concerning courts; resolving conflicting amendments; amending K.S.A.
      1997 Supp. 20-302b and repealing the existing section; also repealing K.S.A. 1997 Supp. 20-
      302c, was considered on final action.

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

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

       Nays: None.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3034, An act repealing K.S.A. 1997 Supp. 65-4035; concerning treatment for persons
      with alcohol abuse problems, was considered on final action.

       On roll call, the vote was: Yeas 111; Nays 13; Present but not voting: 0; Absent or not
      voting: 0.

       Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
      Campbell, Carmody, Compton, Cook, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
      Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
      Geringer, Gilbert, Gilmore, Glasscock, Gregory, Hayzlett, Helgerson, Henry, Holmes,
      Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Kirk, Klein, Phil Kline,
      Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
      Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
      Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
      torff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shal-
      lenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Thi-
      mesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
      Wempe, Wilk, Wilson.

       Nays: Correll, Feuerborn, Grant, Haley, Henderson, Howell, Johnston, McKechnie,
      Packer, Presta, Swenson, Tanner, Vickrey.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       HB 3026, An act concerning nonhighway vehicles; amending K.S.A. 1997 Supp. 8-198
      and repealing the existing section; also repealing K.S.A. 1997 Supp. 8-198a, was considered
      on final action.

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

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

       Nays: McKechnie.

       Present but not voting: None.

       Absent or not voting: None.

       The bill passed.

       On motion of Rep. Shallenburger SB 514 was amended on page 1, preceding line 25, by
      inserting the following:

          ``New Sec. 2. (a) There is hereby created the compensation commission, hereinafter
      referred to as the commission, which shall consist of seven members as follows: One member
      appointed by the president of the senate, one member appointed by the speaker of the
      house of representatives, one member appointed by the majority leader of the senate, one
      member appointed by the majority leader of the house of representatives, one member
      appointed by the minority leader of the senate, one member appointed by the minority
      leader of the house of representatives and one member appointed by the governor. No one
      may be appointed to the commission who is a registered lobbyist, who is a member of the
      legislature or who has been a member of the legislature within two years previous to the
      date of appointment to the commission.

          (b) Of the members of the commission first to be appointed, the member appointed by
      the president of the senate shall be appointed for a term of four years, the member appointed
      by the speaker of the house of representatives shall be appointed for a term of four years,
      the member appointed by the majority leader of the senate shall be appointed for a term
      of two years, the member appointed by the majority leader of the house of representatives
      shall be appointed for a term of two years, the member appointed by the minority leader
      of the senate shall be appointed for a term of two years, the member appointed by the
      minority leader of the house of representatives shall be appointed for a term of two years
      and the member appointed by the governor shall be appointed for a term of four years, all
      terms to commence July 1, 1998. Thereafter, all members of the commission shall be ap-
      pointed for a four-year term, commencing July 1. Vacancies shall be filled in the same
      manner as the original appointments and for the remainder of the unexpired term.

          (c) The member appointed by the governor shall serve as chairperson of the commis-
      sion. The commission shall meet on call of the chairperson or on the request of four mem-
      bers of the commission. Four members of the commission shall constitute a quorum. All
      actions of the commission shall be taken by a majority of all members of the commission.

          (d) It shall be the duty of the commission to make a study of the compensation and
      expense allowances and reimbursements, hereinafter collectively referred to as remunera-
      tion, of the members of the legislature. The commission shall meet during the even-num-
      bered years and shall submit a report to the legislative coordinating council and to the
      governor on or before December 1 of each even-numbered year making recommendations
      as the commission deems appropriate concerning such remuneration. If the recommenda-
      tions of the commission contained in such report require legislation to implement, a bill
      shall be introduced at the commencement of the next legislative session to carry out such
      recommendations. If the bill recommends increasing or decreasing such remuneration, the
      bill to become effective shall be enacted by the legislature on or before February 1 of the
      odd-numbered year in which the bill is introduced.

          (e) The staff of the office of the revisor of statutes, the legislative research department
      and the division of legislative administrative services shall provide such assistance as may
      be requested by the commission and authorized by the legislative coordinating council.

          (f) The members of the commission attending meetings of such commission, or attend-
      ing a subcommittee meeting thereof authorized by such commission, shall be paid compen-
      sation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223,
      and amendments thereto from appropriations for operations of the legislature upon vouchers
      approved by the chairperson of the commission or a person or persons designated by the
      chairperson.'';

          And by renumbering sections accordingly;

          In the title, in line 9, after ``ACT'' by inserting ``relating to compensation and expenses
      of certain elected state officials;''; also in line 9, by striking ``relating to salary'' and inserting
      ``creating the compensation commission; prescribing the duties and functions thereof'';

       SB 514, An act relating to compensation and expenses of certain elected state officials;
      concerning district attorneys; creating the compensation commission; prescribing the duties
      and functions thereof; amending K.S.A. 22a-105 and repealing the existing section, was
      considered on final action.

       On roll call, the vote was: Yeas 116; Nays 7; Present but not voting: 1; Absent or not
      voting: 0.

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

       Nays: Crow, Edmonds, Freeborn, Holmes, Howell, P. Long, Mays.

       Present but not voting: Toplikar.

       Absent or not voting: None.

       The bill passed, as amended.

      MOTIONS TO CONCUR AND NONCONCUR
       On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to S.
      Sub. for HB 2895 and asked for a conference.

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

      CONFERENCE COMMITTEE REPORT
          Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
      ments to HB 2233, submits the following report:

          The House accedes to all Senate amendments to the bill, and your committee on con-
      ference further agrees to amend the bill, as printed with Senate Committee amendments,
      as follows:

          On page 2, in line 38, before ``a'' by inserting ``during the period commencing July 1,
      1998, and ending June 30, 2002,''; in line 39, before ``for'' by inserting ``, and on and after
      July 1, 2002, a sum equal to $8'';

          On page 3, by striking all in lines 4 through 43;

          On page 4, by striking all in lines 1 through 15 and inserting the following:

          ``Sec. 4. K.S.A. 1997 Supp. 28-172a is hereby amended to read as follows: 28-172a. (a)
      Except as otherwise provided in this section, whenever the prosecuting witness or defendant
      is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be
      taxed as follows:

          (1) For the period commencing July 1, 1994, and ending June 30, 1996:
Murder or manslaughter $159.50
Other felony 129.50
Misdemeanor 99.50
Forfeited recognizance 59.50
Appeals from other courts 59.50
    (2) For a period commencing July 1, 1996, and ending June 30, 1998:
Murder or manslaughter $157.50
Other felony 127.50
Misdemeanor 97.50
Forfeited recognizance 57.50
Appeals from other courts 57.50
    (3) On and after July 1, 1998:

Murder or manslaughter $156.50$164.50
Other felony 126.50134.50
Misdemeanor 96.50102.50
Forfeited recognizance 56.5062.50
Appeals from other courts 56.5062.50
    (b) In actions involving the violation of any of the laws of this state regulating traffic on
highways (including those listed in subsection (c) of K.S.A. 8-2118, and amendments
thereto), a cigarette or tobacco infraction, any act declared a crime pursuant to the statutes
contained in chapter 32 of Kansas Statutes Annotated and amendments thereto or any act
declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas
Statutes Annotated, and amendments thereto, whenever the prosecuting witness or defend-
ant is adjudged to pay the costs in the action, a docket fee of $42 shall be charged during
the period commencing July 1, 1994, and ending June 30, 1996, $41 during the period
commencing July 1, 1996, and ending June 30, 1998, and $40 on or after July 1, 1998 $45.
When an action is disposed of under subsections (a) and (b) of K.S.A. 8-2118 or subsection
(f) of K.S.A. 79-3393, and amendments thereto, whether by mail or in person, the docket
fee to be paid as court costs shall be $42 during the period commencing July 1, 1994, and
ending June 30, 1996, $41 during the period commencing July 1, 1996, and ending June
30, 1998, and $40 on and after July 1, 1998 $45.

    (c) If a conviction is on more than one count, the docket fee shall be the highest one
applicable to any one of the counts. The prosecuting witness or defendant, if assessed the
costs, shall pay only one fee. Multiple defendants shall each pay one fee.

    (d) Statutory charges for law library funds, the law enforcement training center fund,
the prosecuting attorneys' training fund, the juvenile detention facilities fund, the judicial
branch education fund, the emergency medical services operating fund and the judiciary
technology fund shall be paid from the docket fee; the family violence and child abuse and
neglect assistance and prevention fund fee shall be paid from criminal proceedings docket
fees. All other fees and expenses to be assessed as additional court costs shall be approved
by the court, unless specifically fixed by statute. Additional fees shall include, but are not
limited to, fees for Kansas bureau of investigation forensic or laboratory analyses, fees for
detention facility processing pursuant to section 1, and amendments thereto, fees for the
sexual assault evidence collection kit, fees for conducting an examination of a sexual assault
victim, fees for service of process outside the state, witness fees, fees for transcripts and
depositions, costs from other courts, doctors' fees and examination and evaluation fees. No
sheriff in this state shall charge any district court of this state a fee or mileage for serving
any paper or process.

    (e) In each case charging a violation of the laws relating to parking of motor vehicles
on the statehouse grounds or other state-owned or operated property in Shawnee county,
Kansas, as specified in K.S.A. 75-4510a, and amendments thereto, or as specified in K.S.A.
75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shall constitute the
entire costs in the case, except that witness fees, mileage and expenses incurred in serving
a warrant shall be in addition to the fee. Appearance bond for a parking violation of K.S.A.
75-4508 or 75-4510a, and amendments thereto, shall be $3, unless a warrant is issued. The
judge may order the bond forfeited upon the defendant's failure to appear, and $2 of any
bond so forfeited shall be regarded as court costs.'';

    And by renumbering the remaining sections accordingly;

    On page 1, in the title, in line 15, by striking ``28-172d'' and inserting ``28-172a''; in line
16, by striking ``28-172a'' and inserting ``28-172d'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Jim D. Garner
 
Conferees on part of House

 On motion of Rep. Carmody, the conference committee report on HB 2233 was adopted.

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

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

 Nays: Dean.

 Present but not voting: None.

 Absent or not voting: None.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Glasscock, the House concurred in Senate amendments to HB 2731,
An act concerning governmental entities; relating to urban renewal; providing procedure
for partial payment on construction contracts; amending K.S.A. 17-4759 and repealing the
existing section.. (The House requested the Senate to return the bill, which was in confer-
ence).

 On roll call, the vote was: Yeas 91; Nays 29; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Aurand, Ballard, Beggs, Benlon, Boston, Campbell, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer,
Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Kirk, Phil Kline, Phill Kline,
Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor,
O'Neal, Osborne, Packer, Palmer, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta,
Ray, Reinhardt, Samuelson, Schwartz, Shallenburger, Sharp, Shore, Shultz, Sloan, Stone,
Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Alldritt, Ballou, Burroughs, Correll, Crow, Dean, Dillon, Feuerborn, Findley, Fla-
harty, Flora, Garner, Gilbert, Grant, Henderson, Johnston, Klein, Pauls, Powers, Reardon,
Ruff, Sawyer, Showalter, Shriver, Spangler, Storm, Swenson, Tomlinson, Wells.

 Present but not voting: None.

 Absent or not voting: Adkins, Allen, Krehbiel, McKechnie.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2609, submits the following report:

    The Senate recedes from all of its amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 1, by striking all in line 40; in line 43, by striking the comma where it precedes
``(3)'' and inserting ``and''; also in line 43, by striking ``and (4)'';

    On page 2, in line 3, by striking all after ``other''; in line 4, by striking all before the period
and inserting ``beautifying process on any person'';

    On page 3, in line 8, by striking ``osteopathy,'';

    On page 4, in line 39, by striking all after ``following''; by striking all of line 40; in line 41,
by striking all before ``licensure''; in line 43, by striking ``100'' and inserting ``20'';

    On page 6, in line 10, by striking all after ``following''; by striking all of line 11; in line 12,
by striking all before ``licensure''; in line 14, by striking ``100'' and inserting ``20'';

    On page 7, in line 13, by striking all after ``following''; by striking all of line 14; in line 15,
by striking all before ``licensure''; in line 17, by striking ``100'' and inserting ``20'';

    On page 8, in line 22, by striking all after ``following''; by striking all of line 23; in line 24,
by striking all before ``licensure''; in line 26, by striking ``100'' and inserting ``20'';

    On page 9, in line 14, after ``technicians,'' by inserting ``estheticians,''; in line 20, by striking
``and'' and inserting a comma; in line 39, before the period, by inserting: ``and with renewal
applications filed on and after July 1, 2000, the filing of a successfully completed written
renewal examination prescribed by the board under this subsection. For renewal applica-
tions filed on and after July 1, 2000, the board shall prescribe a written renewal examination
for each classification of licensee under this subsection which will test the applicant's un-
derstanding of the laws relating to the practice for which the applicant holds a license, will
test the applicant's understanding of health and sanitation matters relating to the practice
for which the applicant holds a license and will test the understanding of the applicant about
safety matters relating to the practice for which the applicant holds a license. The board
shall fix the score for the successful completion of a written renewal examination. The board
shall develop an information booklet to be sent to an applicant for renewal of a license along
with the written renewal examination. The information booklet shall contain information on
the subjects to be tested on the written renewal examination and shall be provided to the
applicant along with the written renewal examination at least 30 days prior to the date on
which the renewal application is to be filed. The written renewal examination may be pre-
pared by the applicant with the use of the information booklet. The board shall report to
the 1999 session of the legislature the progress made by the board in developing an infor-
mation booklet and a written renewal examination'';

    On page 12, in line 7, by striking ``40'' and inserting ``60'';

    On page 13, following line 42, by inserting a new paragraph as follows:

    ``(i) From and after the effective date of this act, there shall be no continuing education
requirement imposed by the board upon any person who was formerly or is currently li-
censed as a cosmetologist, cosmetology technician, esthetician, electrologist or manicurist
as a condition of reinstatement or renewal of the person's license to practice.'';

    On page 18, in line 39, by striking ``Each'' and inserting ``The terms of office of members
of the board serving prior to the effective date of this act shall expire on the effective date
of this act, but such members shall continue to serve until their successors are appointed
and qualified as provided in this section. Members of the board serving prior to the effective
date of this act may be reappointed as provided in this section. Of the members first ap-
pointed to the board on and after the effective date of this act, two members shall be
appointed for terms of one year, two members shall be appointed for terms of two years
and three members shall be appointed for terms of three years. Thereafter each''; also in
line 39, by striking ``serve'' and inserting ``be appointed for'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Stinger
 
                                                                                    Conferees on part of Senate

                                                                                    Michael R. O'Neal

                                                                                    Eugene L. Shore

                                                                                    Dixie Toelkes
 
Conferees on part of House

 On motion of Rep. Shore, the conference committee report on Sub. HB 2609 was
adopted.

 On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

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

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Krehbiel, McKechnie, Spangler.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2630, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

    On page 5, in line 19, before ``has'' by inserting ``(A)''; in line 23, by striking ``the effective
date of this act'' and inserting ``July 1, 1998,''; also in line 23, after ``or'' by inserting ``(B) if
such applicant commenced such postgraduate work experience on or after July 1, 1998,'';
in line 26, by striking all after ``experience''; in line 27, by striking all before the semicolon;

    On page 7, after line 18, by inserting the following:

    ``Sec. 6. K.S.A. 1997 Supp. 74-5367 is hereby amended to read as follows: 74-5367. (a)
The board may issue a temporary permit to practice as a licensed masters level psychologist
to any person who pays a fee prescribed by the board under this section, which shall not be
refunded, and who: (1) Meets all the requirements for licensure under this act as a licensed
masters level psychologist, but whose application for licensure is pending; or (2) meets all
the requirements for licensure under this act as a licensed masters level psychologist except
the requirement of postgraduate supervised work experience or current employment, or
both.

    (b) A temporary permit issued by the board shall expire at such time as final action on
the application is completed, but all such temporary permits shall expire one year two years
after the date of issuance of the permit. A temporary permit issued by the board may be
renewed for one additional twelve-month twenty-four-month period if the board finds that
satisfactory progress toward the supervised experience requirement is being met.

    (c) The board shall fix by rules and regulations fees for application and renewal of each
type of temporary permit under this section. The application and renewal fee shall not
exceed $100 except that the fee for application for and renewal of the two-year temporary
permit under clause (1) of subsection (a) shall not exceed $200.

    (d) The application for a temporary permit may be denied or a temporary permit which
has been issued may be suspended or revoked on the same grounds as provided for sus-
pension or revocation of a license under K.S.A. 74-5369 and amendments thereto.'';

    And by renumbering sections accordingly;

    Also on page 7, in line 20, by striking ``and'' and inserting a comma; also in line 20, after
``74-5363'' by inserting ``and 74-5367'';

    In the title, in line 16, by striking ``and'' where it precedes ``74-5363'' and inserting in lieu
thereof a comma; also in line 16, after ``74-5363'' by inserting ``and 74-5367'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
                                                                                    Conferees on part of Senate

                                                                                    Carlos Mayans

                                                                                    Phyllis Gilmore

                                                                                    Jerry Henry
 
Conferees on part of House

 On motion of Rep. Mayans, the conference committee report on Sub. HB 2630 was
adopted.

 On roll call, the vote was: Yeas 118; Nays 3; Present but not voting: 0; Absent or not
voting: 3.

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

 Nays: Edmonds, Johnston, Klein.

 Present but not voting: None.

 Absent or not voting: Adkins, Krehbiel, McKechnie.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2744, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:

    On page 1, in line 32, by striking ``or''; in line 34, after ``or'' by inserting ``(E) commits
five or more moving violations; or'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Jim D. Garner
 
Conferees on part of House

 On motion of Rep. Carmody, the conference committee report on HB 2744 was adopted.

 On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 0; Absent or not
voting: 3.

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

 Nays: Shriver, Wells.

 Present but not voting: None.

 Absent or not voting: Adkins, Krehbiel, McKechnie.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 501.

 The House stood at ease until the sound of the gavel.

______


 Speaker pro tem Wagle called the House to order.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB 501 was
advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, de-
bate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report to SB 501 was adopted; also, on motion of Rep. Helgerson was
amended on page 9, in line 21, after the period, by inserting ``The actuarial accrued liability
incurred for the provisions of section 11 and amendments thereto for participating employ-
ers shall be paid over 15 years.'';

 Also, on motion of Rep. Farmer SB 501 was amended on page 13, after line 10, by
inserting a new section as follows:

    ``New Sec. 15. The retirement benefit, pension or annuity payments accruing after June
30, 1998, to each retirant of the state school retirement system who retired prior to January
1, 1971, and who had at least 25 years or more of service credit, shall be increased by an
amount equal to $100.'';

    And by renumbering sections accordingly;

 Also, on motion of Rep. Tomlinson SB 501 was amended on page 13, after line 10, by
inserting the following new section:

    ``Sec. 15. On July 1, 1998, K.S.A. 74-4954 is hereby amended to read as follows: 74-
4954. (1) Any eligible employer may join the system on January 1 of any year on or after
January 1, 1967. Application for affiliation shall be by resolution approved by the governing
body of the eligible employer and shall be submitted to the board of trustees in such form
as the board shall determine, not later than 30 days prior to the date participation is to
begin, except as such time limit is extended by the board. Such application may be for
participation with regard to: (a) All policemen or firemen, or both, who are employed by
the participating employer on or after the employer's entry date; (b) all policemen or fire-
men, or both, employed by the participating employer immediately prior to and on the
employer's entry date and all retired members of all local police or fire pension plans which
are maintained and funded by the employer, as those terms are defined in K.S.A. 12-5001
and amendments thereto; or (c) all individuals which are referred to in subsections (a) and
(b). The application shall include a statement of the group or groups to be covered. Any
such application, upon approval by the board of trustees, shall be irrevocable, except that
extension of coverage to any of the above named employee groups not covered in the
employer's initial application may be obtained by supplemental application to the board, in
such form as may be provided by the board, with such coverage to be effective on January
1 of any succeeding year.

    (2) Any eligible employer whose police or firemen, or both, are covered by the Kansas
public employees retirement system may provide for the transfer of such police or firemen,
or both, to the Kansas police and firemen's retirement system in the same manner as pro-
vided in subsection (1). Such transferred employees shall receive credit only for prior service
as police or firemen, or both, except as otherwise provided in this act. Upon notice of such
transfer authorization, the board of trustees shall transfer to the credit of the employee
under the Kansas police and firemen's retirement system such amounts as may be presently
credited to the employee's account for contribution under the Kansas public employees
retirement system and an equivalent amount to the employer's account for contributions
for such employee.

    (3) Any eligible employer, prior to the filing of an application for coverage under this
system, may request the board of trustees to submit a proposal for such coverage including
an estimate of the employer's contribution rate necessary to comply with the actuarial stan-
dard of this system. Such eligible employer shall furnish all necessary data from which such
proposal may be prepared, and shall pay all costs involved.

    (4) Any fire district which is a participating employer and has consolidated with another
fire district under the provisions of K.S.A. 19-3601 et seq. and amendments thereto, may
affiliate for prior service coverage for the employees of the fire district consolidated with
the participating employer. The participating employer may cause the value of any defined
benefit pension plan or policy maintained by the district consolidated with the participating
employer to be transferred to the Kansas police and firemen's retirement system, and any
such amounts transferred shall be applied to the cost of affiliating for prior service coverage
for the employees of the fire district consolidated with the participating employer.

    (5) Any participating employer which affiliated with the system pursuant to the provi-
sions of K.S.A. 74-4954b and amendments thereto may affiliate with the system pursuant to
the provisions of this section.'';

    And by renumbering sections accordingly;

    Also on page 13, in line 14, after ``K.S.A.'' by inserting ``74-4954,'';

    On page 1, in the title, in line 13, after the semicolon by inserting ``police and firemen,
affiliation with retirement system by participating employers;''; also in line 13, after ``K.S.A.''
by inserting ``74-4954,'';

 Also, on motion of Rep. Nichols SB 501 was amended on page 9, in line 14, after the
period, by inserting ``The rate of contribution for employers determined under this section
shall in no event be less than the employee contribution rate as provided in K.S.A. 74-4919
and amendments thereto, exclusive of the amount of the rate of contribution for employers
attributable to the provisions of K.S.A. 74-4927 and amendments thereto.'';

    On page 13, after line 10, by inserting the following new sections:

    ``Sec. 15. On and after July 1, 1998, K.S.A. 20-2605 is hereby amended to read as
follows: 20-2605. (a) The board shall select and employ or retain a qualified actuary who
shall serve at its pleasure as its technical advisor on matters regarding operation of the
retirement system for judges. The actuary shall:

    (1) As soon after the effective date as practicable and once every three years thereafter,
make a general investigation of the actuarial experience under the retirement system for
judges including mortality, retirement, employment turnover and interest, and recommend
actuarial tables for use in valuations and in calculating actuarial equivalent values based on
such investigation; make a valuation of the liabilities and reserves of the retirement system
for judges, and a determination of the contributions required by the retirement system for
judges to discharge its liabilities and recommend to the board rates of employer contribu-
tions required to establish and maintain the retirement system for judges on an actuarial
reserve basis.

    (2) Perform such other duties as may be assigned by the board.

    (b) Upon the basis of the actuarial valuation and appraisal and upon the recommen-
dation of the actuary, the board shall certify, on or before July 15 of each year, to the division
of budget an actuarially determined estimate of the rate of contribution which will be re-
quired, together with all judges' contributions and other assets of the retirement system for
judges to pay all liabilities which shall exist or accrue under the retirement system for judges,
including amortization of the unfunded accrued liability over a period of 40 years com-
mencing on July 1, 1993. The rate of contribution for the state determined under this section
shall not include the costs of administration of the system. The rate of contribution for the
state determined under this section shall in no event be less than the judge's member con-
tribution rate as provided in K.S.A. 20-2603 and amendments thereto, exclusive of the
amount of the rate of contribution for employers attributable to the provisions of K.S.A. 74-
4927f and amendments thereto.

    (c) The division of the budget and the governor shall include in the budget and in the
budget request for appropriations for personal services the sum required to satisfy the state's
obligation under the retirement system for judges as certified by the board and shall present
the same to the legislature for allowance and appropriation.

    Sec. 16. On and after July 1, 1998, K.S.A. 1997 Supp. 74-4967 is hereby amended to
read as follows: 74-4967. (1) Upon the basis of an annual actuarial valuation and appraisal
of the system conducted in the manner provided for in K.S.A. 74-4908 and amendments
thereto, the board shall certify, on or before July 15 of each year to each participating
employer an actuarially determined estimate of the rate of contribution which shall be
required to be paid by each such participating employer to pay all of the liabilities which
shall accrue under the system from and after the entry date as determined by the board,
upon recommendation of the actuary. Such rate shall be uniform for all participating em-
ployers, and shall be comprised of a rate for benefits accruing after June 30, 1993, and a
rate for amortization of the additional liability for benefits provided by this act which is
attributable to service rendered before July 1, 1993. Such additional liability shall be am-
ortized over a period of 40 years commencing on July 1, 1993, by annual payments that
increase 4% for each year remaining in the amortization period. The employer's rate of
contribution determined under this section shall not include the costs of administration of
the system. The rate of contribution for employers determined under this section shall in no
event be less than the member contribution rate as provided in K.S.A. 74-4965 and amend-
ments thereto.

    (2) The board shall determine for each employer separately an amount sufficient to
amortize over a period of not to exceed 40 years all liabilities for past service costs which
shall have accrued at the time of entry into the system. On the basis of such determination
the board shall annually certify to each participating employer separately an actuarially
determined estimate of the rate of contribution which shall be required to be paid by that
participating employer to pay all of the liabilities for such past service costs. Such rate shall
be termed the employer's prior service contribution. The board may enter into agreements
with any participating employer which has employees or retirants under the special pension
systems established under K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto
or K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, for the purpose of
scheduling the payment of such past service costs in an orderly manner which will tend to
stabilize the annual total financial burden on such employers in meeting their present and
future obligations under this system and such special systems, but in no event shall the
annual prior service contribution be less than the interest cost on the total of such past
service liability.

    (3) Each participating employer shall appropriate and pay to the system a sum sufficient
to satisfy the obligations under this act as certified by the board.

    (4) Each participating employer is hereby authorized to pay the employer's contribution
from the same fund that the compensation for which such contribution is made is paid from
or from any other funds available to it for such purpose. Each employer may levy annually
at the time of its levy of taxes, a tax which may be in addition to all other taxes authorized
by law for the purpose of making its contributions under this act, and, in the case of cities
and counties, to pay a portion of the principal and interest on bonds issued by cities under
the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelop-
ment projects upon property located in such county which tax, together with any other fund
available, shall be sufficient to enable it to make such contribution. In lieu of levying the
tax authorized in this subsection, any taxing subdivision may pay such costs from any em-
ployee benefits contribution fund established pursuant to K.S.A. 12-16,102 and amendments
thereto.

    (5) Employer contributions shall in no way be limited by any other act which now or in
the future establishes or limits the compensation of any member.

    (6) The rate of contribution certified to each participating employer as provided in this
section shall apply during the fiscal year of such participating employer which begins in the
second calendar year following the year of the actuarial valuation, but the rate of contribution
during the first year following the employer's entry date shall be equal to 16% of the amount
of compensation on which members contribute during the year.

    (7) Each participating employer shall remit quarterly, or as the board may otherwise
provide, all employee deductions and required employer contributions to the executive
secretary for credit to the Kansas public employees retirement fund within 20 days after
the end of the period covered by the remittance or within 25 days after forms or written
instructions from the system were mailed by the system to such employer, whichever is
later. Remittances of such deductions and contributions received after such date are delin-
quent. Delinquent payments due under this subsection (7) shall be subject to interest at the
rate established for interest on judgments under subsection (a) of K.S.A. 16-204 and amend-
ments thereto. At the request of the board, delinquent payments which are due or interest
owed on such payments, or both, may be deducted from any other moneys payable to such
employer by any department or agency of the state.'';

    And by renumbering sections accordingly;

    Also on page 13, in line 14, after ``K.S.A.'' by inserting ``20-2605,''; also in line 15, after
``74-4920'' by inserting ``and 74-4967'';

    On page 1, in the title, in line 11, before ``a'' by inserting ``Kansas public employees
retirement system and systems thereunder; employee and employer contribution rates;''; in
line 13, after ``K.S.A.'' by inserting ``20-2605,''; in line 15, by striking ``and'' the first time it
appears and inserting a comma; also in line 15, after ``74-4920'' by inserting ``and 74-4967'';

 Also, on motion of Rep. Kuether SB 501 was amended on page 6, in line 16, by striking
``and''; in line 18, after ``(B)'' by inserting ``and (D) any insured disability benefit recipient'';

    After line 30, by inserting a new paragraph as follows:

    ``(4) ''Insured disability benefit recipient`` means any person receiving an insured disa-
bility benefit under K.S.A. 74-4927 and amendments thereto prior to July 1, 1997.'';

 SB 501, An act concerning public officers and employees; relating to compensation and
benefits; Kansas public employees retirement system and systems thereunder; employee
and employer contribution rates; a postretirement benefit adjustment; legal representation
under certain circumstances; police and firemen, affiliation with retirement system by par-
ticipating employers; amending K.S.A. 20-2605, 74-4954, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110, 75-3111a, 75- 4360 and 75-6108 and K.S.A. 1997 Supp. 40-102, 46-137a,
46-137b, 74-4920 and 74-4967 and repealing the existing sections, was considered on final
action.

 On roll call, the vote was: Yeas 117; Nays 5; Present but not voting: 0; Absent or not
voting: 2.

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

 Nays: Edmonds, Freeborn, O'Connor, Presta, Tomlinson.

 Present but not voting: None.

 Absent or not voting: Correll, Shultz.

 The bill passed, as amended.

 The House stood in recess until 5:00 p.m.









April 30, 1998


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

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

HOUSE RESOLUTION No. 6022--

By Committee on Taxation


      A RESOLUTION authorizing the Legislative Coordinating Council to intervene in the
      Shawnee County District Court case, State ex rel. Stovall v. The Kansas Department of
      Revenue.

          WHEREAS, The state legislature has expressed specific public policy in establishing a
      statewide property tax valuation system; and

          WHEREAS, The constitutionality of the statewide system of property tax valuation has
      been challenged in an action filed by the Kansas Attorney General; and

          WHEREAS, Legal action on behalf of the Legislature to ensure the constitutionality of
      the statewide system of property tax valuation and to uphold the public policy goals ex-
      pressed therein is desirable; and

          WHEREAS, During the legislative session one house of the legislature must pass a res-
      olution authorizing the Legislative Coordinating Council to file or to intervene in a lawsuit,
      pursuant to K.S.A. 46-1224: Now, therefore,

          Be it resolved by the House of Representatives of the State of Kansas: That the Legislative
      Coordinating Council is authorized to intervene in the Shawnee County District Court case,
      styled State ex rel. Stovall v. The Kansas Department of Revenue, case number 92 CV 796;
      and

          Be it further resolved: That the Chief Clerk of the House of Representatives be directed
      to provide an enrolled copy of this resolution to the Chairperson of the Legislative Coor-
      dinating Council.

      REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
       Speaker pro tem Wagle announced the referral of HR 6022 to Committee of the Whole.

      MESSAGE FROM THE SENATE
       Announcing passage of HB 2612, 2993, 3014.

       Announcing passage of HB 2715, as amended by S. Sub. for HB 2715.

       Announcing passage of HB 2684, as amended; HB 2739, as amended.

       The Senate adopts conference committee report on HB 2626.

       The Senate nonconcurs in House amendments to SB 514, requests a conference and has
      appointed Senators Emert, Bond and Hensley as conferees on the part of the Senate.

       The Senate accedes to the request of the House for a conference on S. Sub. for HB
      2895 and has appointed Senators Kerr, Salisbury and Petty as conferees on the part of the
      Senate.

      REPORTS OF STANDING COMMITTEES
       The Committee on Appropriations recommends SB 643, as amended by Senate Com-
      mittee of the Whole, be amended by substituting a new bill to be designated as ``HOUSE
      Substitute for SENATE BILL No. 643,'' as follows:

     
``HOUSE Substitute for SENATE BILL No. 643
     
By Committee on Appropriations
     

      ``AN ACT making and concerning appropriations for the fiscal years ending June 30, 1998,
      June 30, 1999, and June 30, 2000; authorizing certain transfers and fees, imposing certain
      restrictions and limitations and directing or authorizing certain receipts, disbursements,
      capital improvements and acts incidental to the foregoing.''; and the substitute bill be
      passed.

       (H. Sub. for SB 643 was thereupon introduced and read by title.)

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 220, 449, 485; HB 2626, 2684; S. Sub. for HB 2715; HB 2739; HR
6022.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 514.

 Speaker pro tem Wagle thereupon appointed Reps. Shallenburger, Carmody and Sawyer
as conferees on the part of the House.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 220, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 2, in line 27, by striking ``1996 Supp.''; in line 30, by striking ``1996'' and inserting
``1997'';

    On page 5, by striking all in lines 26 through 35;

    And by renumbering sections accordingly;

    Also on page 5, in line 36, by striking ``65-2885 and K.S.A. 1996'' and inserting ``1997'';
in line 37, by striking ``are'' and inserting ``is'';

    On page 1, in the title, in line 16, by striking ``concerning use of titles by licensees;''; in
line 17, by striking ``K.S.A. 65-2885 and''; also in line 17, by striking ``1996'' and inserting
``1997''; in line 18, by striking ``sections'' and inserting ``section'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Carlos Mayans

                                                                                    Jim Morrison

                                                                                    Jerry Henry
 
                                                                                    Conferees on part of House

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
Conferees on part of Senate

 On motion of Rep. Mayans, the conference committee report on SB 220 was adopted.

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

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

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Presta.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 400, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

    On page 1, in line 22, by striking all after ``be''; in line 23, by striking ``be''; in line 24,
after ``purposes'', by inserting ``subject to scheduling and approval by the director of legis-
lative administrative services in accordance with policies of the legislative coordinating coun-
cil''; in line 34, by striking all after the period; by striking all in lines 35 through 39; following
line 39, by inserting a new section to read as follows:

    ``New Sec. 2. Notwithstanding the provisions of subsection (i) of K.S.A. 25-4186, and
amendments thereto, all residual inauguration contributions for the 1999 gubernatorial in-
auguration, and gubernatorial inaugurations thereafter, that are not otherwise obligated for
payment of expenses incurred for the gubernatorial inauguration and not credited to the
inaugural expense fund in accordance with paragraph (i)(1) of K.S.A. 25-4186, and amend-
ments thereto, shall be credited to the executive mansion gifts fund for the purpose of
funding expenditures relating to the governor's residence, historic properties or both. Such
expenditures shall be subject to approval of the governor's residence advisory commission.'';

    And by renumbering sections accordingly;

    In the title, in line 10, before ``assignment'', by inserting ``state facilities; relating to''; also
in line 10, after ``capitol'', by inserting ``and to expenditures relating to Cedar Crest and
historic sites'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Robin Jennison

                                                                                    Susan Wagle

                                                                                    Tom Sawyer
 
                                                                                    Conferees on part of House

                                                                                    Dick Bond

                                                                                    Tim Emert

                                                                                    Anthony Hensley
 
Conferees on part of Senate

 On motion of Rep. Jennison, the conference committee report on SB 400 was adopted.

 On roll call, the vote was: Yeas 99; Nays 24; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Boston, Burroughs, Carmody,
Compton, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Faber, Farmer, Findley,
Flaharty, Flora, Flower, Garner, Geringer, Gilbert, Gilmore, Grant, Gregory, Haley, Hay-
zlett, Helgerson, Henry, Holmes, Horst, Huff, Jennison, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, M. Long, P. Long, Ma-
son, Mayans, McClure, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, 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, Spangler, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland,
Wilson.

 Nays: Allen, Benlon, Campbell, Cook, Dahl, Edmonds, Feuerborn, Franklin, Freeborn,
Glasscock, Henderson, Howell, Humerickhouse, Hutchins, Larkin, Mays, McKinney,
Packer, Stone, Vickrey, Wells, Welshimer, Wempe, Wilk.

 Present but not voting: None.

 Absent or not voting: Presta.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 449, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 3, in line 40, after ``Intentionally'' by inserting ``and maliciously killing any animal
or intentionally and maliciously or repeatedly inflicting unnecessary pain or suffering by
injuring, maiming, torturing or mutilating any animal;

    (2) intentionally'';

    Also on page 3, in line 42, by striking ``(2)'' and inserting ``(3)'';

    On page 4, in line 1, by striking ``(3)'' and inserting ``(4)''; in line 5, by striking ``(4)'' and
inserting ``(5)''; in line 43, after ``animals'' by inserting ``as provided in subsection (a)(1)'';

    On page 5, in line 1, after the period, by inserting ``Cruelty to animals as provided in
subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a class A nonperson misdemeanor.''; after line 1,
by inserting the following:

    ``Sec. 5. K.S.A. 1997 Supp. 21-3106, as amended by section 2 of 1998 House Bill No.
2025, is hereby amended to read as follows: 21-3106. (1) A prosecution for murder may be
commenced at any time.

    (2) Except as provided by subsection (8), a prosecution for any of the following crimes
must be commenced within five years after its commission if the victim is less than 16 years
of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments
thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and
amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amend-
ments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amend-
ments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511
and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto.

    (3) Except as provided in subsection (8), a prosecution for any crime must be com-
menced within 10 years after its commission if the victim is the Kansas public employees
retirement system.

    (4) Except as provided by subsection (8), a prosecution for rape, as defined in K.S.A.
21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A.
21-3506 and amendments thereto, must be commenced within five years after its commis-
sion.

    (5) Except as provided in subsection (8), a prosecution for any crime found in the Kansas
medicaid fraud control act must be commenced within five years after its commission.

    (6) Except as provided by subsection (8), a prosecution for the crime of arson, as defined
in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in K.S.A. 21-
3719 and amendments thereto, must be commenced within five years after its commission.

    (7) Except as provided by subsection (8), a prosecution for any crime not governed by
subsections (1), (2), (3), (4), (5) and (6) must be commenced within two years after it is
committed.

    (7) (8) The period within which a prosecution must be commenced shall not include
any period in which:

    (a) The accused is absent from the state;

    (b) the accused is concealed within the state so that process cannot be served upon the
accused;

    (c) the fact of the crime is concealed;

    (d) a prosecution is pending against the defendant for the same conduct, even if the
indictment or information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;

    (e) an administrative agency is restrained by court order from investigating or otherwise
proceeding on a matter before it as to any criminal conduct defined as a violation of any of
the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated which may be discovered as a result thereof regardless of who obtains the order
of restraint; or

    (f) whether or not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of the following
factors are present: (i) The victim was a child under 15 years of age at the time of the crime;
(ii) the victim was of such age or intelligence that the victim was unable to determine that
the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority
from making known to law enforcement authorities the fact of the crime whether or not
the parent or other legal authority is the accused; and (iv) there is substantially competent
expert testimony indicating the victim psychologically repressed such witness' memory of
the fact of the crime, and in the expert's professional opinion the recall of such memory is
accurate and free of undue manipulation, and substantial corroborating evidence can be
produced in support of the allegations contained in the complaint or information but in no
event may a prosecution be commenced as provided in this section later than the date the
victim turns 28 years of age. Corroborating evidence may include, but is not limited to,
evidence the defendant committed similar acts against other persons or evidence of con-
temporaneous physical manifestations of the crime. ``Parent or other legal authority'' shall
include but not be limited to natural and stepparents, grandparents, aunts, uncles or siblings.

    (8) (9) An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing offense plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated. Time starts to run on the day
after the offense is committed.

    (9) (10) A prosecution is commenced when a complaint or information is filed, or an
indictment returned, and a warrant thereon is delivered to the sheriff or other officer for
execution. No such prosecution shall be deemed to have been commenced if the warrant
so issued is not executed without unreasonable delay.'';

    And by renumbering sections accordingly;

    Also on page 5, in line 3, after ``Supp.'' by inserting ``21-3106, as amended by section 2
of 1998 House Bill No. 2025, and'';

    On page 1, in the title, in line 15, by striking ``relating to''; also in line 15, by striking
``re-''; in line 16, by striking ``lating to''; also in line 16, by striking ``relating to''; in line 17,
after the semicolon, by inserting ``time limitations on prosecutions for certain crimes;''; in
line 18, after ``Supp.'' by inserting ``21-3106, as amended by section 2 of 1998 House Bill
No. 2025, and'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Jim D. Garner
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Dick Bond

                                                                                    Greta Goodwin
 
Conferees on part of Senate

 On motion of Rep. Carmody, the conference committee report on SB 449 was adopted.

 On roll call, the vote was: Yeas 116; Nays 4; Present but not voting: 3; Absent or not
voting: 1.

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

 Nays: Ballou, Dahl, Freeborn, Mayans.

 Present but not voting: Geringer, Neufeld, Osborne.

 Absent or not voting: Presta.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 485, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 2, by striking all in lines 33 through 35;

    On page 4, by striking all in lines 2 through 43;

    On page 5, by striking all in lines 1 through 6; following line 6, by inserting a new section
to read as follows:

    ``New Sec. 2. (a) Unlawful administration of a substance is the intentional and knowing
administration of a substance to another person without consent for the purpose of impairing
such other person's physical or mental ability to appraise or control such person's conduct.

    (b) ``Unlawful administration of a substance'' means any method of causing the ingestion
by another person of a controlled substance, gamma hydroxybutynic acid, or its salts, ke-
tamine or butyrolactone into any food, beverage or other consumable that the person knows,
or should know, would be consumed by such other person.

    (c) This section shall not prohibit administration of any substance described in subsec-
tion (b) for lawful medical or therapeutic treatment.

    (d) Unlawful administration of a substance is a class A person misdemeanor.'';

    Also on page 5, in line 7, by striking ``and 65-4113 are'' and inserting ``is'';

    On page 1, in the title, in line 12, after ``concerning'', by inserting ``the regulation of
certain substances; relating to''; also in line 12, before ``amending'', by inserting ``defining
and classifying the crime of unlawful administration of a substance;''; in line 13, by striking
``and 65-4113''; in line 14, by striking ``sections'' and inserting ``section'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Carlos Mayans

                                                                                    Jim Morrison

                                                                                    Jerry Henry
 
                                                                                    Conferees on part of House

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
Conferees on part of Senate

 On motion of Rep. Mayans, the conference committee report on SB 485 was adopted.

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

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

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Presta.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2626, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

    On page 9, by striking lines 22 through 43;

    On page 10, by striking lines 1 through 8;

    And by renumbering remaining sections accordingly;

    Also on page 10, in line 9, by striking ``and 60-1615'';

    On page 1, in the title, in line 12, by striking all before ``amend-''; in line 13, by striking
``and 60-1615'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Terry P. Presta

                                                                                    Jim D. Garner
 
Conferees on part of House



 On motion of Rep. Carmody, the conference committee report on HB 2626 was adopted.

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

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

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Presta.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Phill Kline, the House nonconcurred in Senate amendments to HB
2684 and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and Larkin as
conferees on the part of the House.

 On motion of Rep. Hayzlett, the House concurred in Senate amendments to S. Sub. for
HB 2715, An act relating to leases of railroad lands; establishing rights, duties, obligations
and remedies for certain tenants of railroad land.

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

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

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Presta.

 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2739
and asked for a conference.

 Speaker pro tem Wagle thereupon appointed Reps. Boston, Tanner and Sharp as con-
ferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HR 6022 was
advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, de-
bate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 On motion of Rep. Phill Kline HR 6022 was amended on page 1, after the last whereas
clause, by inserting the following:

    `` ``Be it resolved by the House of Representatives of the State of Kansas: That the Kansas
attorney general move for dismissal in the Shawnee County District Court case, styled State
ex rel. Stovall v. The Kansas Department of Revenue, case number 92-CV-796; and''

    Before ``resolved'' in line 15, by inserting ``further''; in 19, before the semicolon by in-
serting ``in the event that the aforementioned motion for dismissal is denied. The interven-
tion shall be assisted by the secretary of agriculture, the chairperson of the use-value advisory
committee and a person designated by the chairperson'';

 HR 6022, A resolution authorizing the Legislative Coordinating Council to intervene in
the Shawnee County District Court case, State ex rel. Stovall v. The Kansas Department of
Revenue, was considered on final action.

 On roll call, the vote was: Yeas 108; Nays 11; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Aurand, Ballard, Ballou, Beggs, Boston, Burroughs, Campbell, Carmody,
Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Fa-
ber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Klein,
Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long,
Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson, Phelps,
Pottorff, Powell, Powers, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallen-
burger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk, Wil-
son.

 Nays: Adkins, Allen, Benlon, Gilbert, Kirk, Nichols, E. Peterson, Ray, Tomlinson, Wells,
Welshimer.

 Present but not voting: None.

 Absent or not voting: Hayzlett, Howell, O'Connor, Presta, Spangler.

 The resolution was adopted, as amended.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, H. Sub. for SB
643 was advanced to Final Action on Bills and Concurrent Resolutions, subject to amend-
ment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report recommending a substitute bill to H. Sub. for SB 643 was adopted;
also, on motion of Rep. Mays was amended on page 7 of the typed version of the bill, in
line 10, by striking the colon; by striking all in lines 11 and 12; in line 13, by striking ``facility'';

 Also, roll call was demanded on motion of Rep. Tanner to amend H. Sub. for SB 643
on page 19 of the typed version of the bill, following line 26, by inserting the following
subsection to read as following:

    ``(aa) There is appropriated for the above agency from the following special revenue
fund or funds for the fiscal year or years specified, 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:


Developmentally disabled trust fund
    For the fiscal year ending June 30, 1999 		$50,000,000


Provided, That the expenditures from the developmentally disabled trust fund shall be made
to pay for (1) the costs and other medical expenses incurred at birth and during the hos-
pitalization of a developmentally disabled child until the age of one or (2) to pay for the
costs and other medical expenses incurred at birth and during the hospitalization of a child
born with a disabling congenital birth defect until the age of one: Provided, however, That
such reimbursements from this fund shall be made only after: (1) The child's family's in-
surance coverage or other medical plan, providing coverage for such costs and expenses, is
exhausted or (2) where the family did not have any insurance or any other medical plan
covering the child: Provided further, That the secretary of health and environment and the
secretary of social and rehabilitation services shall jointly adopt procedures as may be nec-
essary or useful for the administration of the developmentally disabled trust fund: And
provided further, That all payments and disbursements from this fund shall be based on
proper application to and joint approval by both the secretary of health and environment
and the secretary of social and rehabilitation services: And provided further, That all pay-
ments and disbursements from the developmentally disabled trust fund shall be made upon
warrants of the director of accounts and reports issued pursuant to vouchers jointly signed
by the secretary of health and environment and the secretary of social and rehabilitation
services or such secretary's designee.

    (j) On July 1, 1998, the director of accounts and reports shall transfer $50,000,000 from
the state general fund to the developmentally disabled trust fund.'';

    And by redesignating subsections in the section accordingly;

 On roll call, the vote was: Yeas 54; Nays 63; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Adkins, Alldritt, Ballard, Beggs, Benlon, Burroughs, Campbell, Crow, Dean, Dillon,
Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Gilbert, Glasscock,
Grant, Haley, Henderson, Horst, Huff, Johnston, Kirk, Krehbiel, Kuether, Larkin, M. Long,
Minor, Nichols, E. Peterson, Pottorff, Ray, Reardon, Ruff, Samuelson, Sawyer, Sharp,
Showalter, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Vickrey,
Weiland, Wells, Welshimer.

 Nays: Aurand, Ballou, Boston, Carmody, Compton, Cook, Correll, Cox, Dahl, Edmonds,
Faber, Farmer, Flower, Freeborn, Geringer, Gilmore, Gregory, Hayzlett, Helgerson,
Henry, Holmes, Howell, Humerickhouse, Hutchins, Johnson, Kejr, Phil Kline, Phill Kline,
Lane, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson,
Phelps, Powell, Powers, Reinhardt, Schwartz, Shallenburger, Shore, Shriver, Thimesch, To-
plikar, Vining, Wagle, Weber, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Allen, Jennison, Klein, Landwehr, Mayans, Presta, Spangler.

 The motion of Rep. Tanner did not prevail.

 Also, on motion of Rep. McCreary H. Sub. for SB 643 was amended on page 27 of the
typed version of the bill, following line 34, by inserting the following:


``Women in military service for America memorial donation
    For the fiscal year ending June 30, 1998 		$10,000''


Provided, That the above agency shall administer and provide for the disposition of this
donation for the women in military service for America memorial, located in Arlington,
Virginia, on behalf of the state of Kansas: Provided further, That any unencumbered balance
in the women in military service for America memorial donation account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999.'';

 Also, on motion of Rep. Pottorff H. Sub. for SB 643 was amended on page 61 of the
typed version of the bill, following line 16, by inserting the following:

    ``Sec. 53.

INSURANCE DEPARTMENT
    (a) On July 1, 1998, the expenditure limitation established by section 92(a) of 1998
Senate Bill No. 495 on the insurance department service regulation fee fund is hereby
increased from $6,504,003 to $6,672,904.

    (b) On July 1, 1998, the position limitation established by section 94 of 1998 Senate Bill
No. 495 for the above agency is hereby increased from 161.5 to 163.5.'';

    And by renumbering sections accordingly;

 Also, on motion of Rep. Stone H. Sub. for SB 643 was amended on page 29 of the typed
version of the bill, in line 16, by adding $1,471,170 to the dollar amount and by adjusting
the dollar amount in line 16 accordingly; preceding line 17, by inserting the following:

``Provided, That expenditures shall be made from the operating expenditures 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: Provided further, That such additional amount of compensation 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.'';

 Also, roll call was demanded on motion of Rep. Sawyer to amend H. Sub. for SB 643
on page 2 of the typed version of the bill, in line 3, by adding $7,400,000 to the dollar
amount and by adjusting the dollar amount in line 3 accordingly;

 On roll call, the vote was: Yeas 50; Nays 68; Present but not voting: 0; Absent or not
voting: 6.

 Yeas: Adkins, Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Feuer-
born, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Haley, Henderson, Henry,
Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, McClure, Nichols, Pauls, E.
Peterson, Phelps, Pottorff, Powers, Reardon, Ruff, Sawyer, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Storm, Swenson, Thimesch, Toelkes, Weiland, Wells, Welshimer.

 Nays: Allen, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer,
Gilmore, Glasscock, Hayzlett, Helgerson, Holmes, Howell, Huff, Humerickhouse, Hutch-
ins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Lane, P. Long, Mason, Mays, McCreary,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, Palmer, J. Peterson, Powell, Ray, Reinhardt, Samuelson, Schwartz, Shallenburger,
Shore, Stone, Tanner, Tomlinson, Toplikar, Vining, Wagle, Weber, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Horst, Landwehr, Mayans, McKechnie, Presta, Vickrey.

 The motion of Rep. Sawyer did not prevail.

 Also, on motion of Rep. Haley to amend H. Sub. for SB 643, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. McKinney to amend H. Sub. for SB
643 on page 6 of the typed version of the bill, following line 29, by inserting the following:


``Retire Ellsworth correctional facility bonds, 1988 series B
    For the fiscal year ending June 30, 1999 		$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
    For the fiscal year ending June 30, 1999 		$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 59; Nays 61; Present but not voting: 1; Absent or not
voting: 3.

 Yeas: Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Feuerborn,
Findley, Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Haley, Henderson, Henry, How-
ell, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, Mason, McClure, Mc-
Kechnie, McKinney, Minor, Nichols, Packer, Palmer, Pauls, E. Peterson, Phelps, Powell,
Reardon, Reinhardt, Ruff, Sawyer, Sharp, Shore, Showalter, Shriver, Sloan, Spangler, Storm,
Thimesch, Toelkes, Vickrey, Vining, Weiland, Wells, Welshimer, Wempe, Wilson.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook,
Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Ger-
inger, Gilmore, Glasscock, Hayzlett, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jen-
nison, Johnson, Kejr, Phil Kline, Phill Kline, Lane, P. Long, Mays, McCreary, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, J. Peterson, Pottorff, Powers, Ray,
Samuelson, Schwartz, Shallenburger, Shultz, Stone, Swenson, Tanner, Tomlinson, Toplikar,
Wagle, Weber, Wilk.

 Present but not voting: Helgerson.

 Absent or not voting: Landwehr, Mayans, Presta.

 The motion of Rep. McKinney did not prevail.

 Also, roll call was demanded on further motion of Rep. McKinney to amend H. Sub. for
SB 643 on page 6 of the typed version of the bill, following line 29, by inserting the following:


``Retire Ellsworth correctional facility bonds, 1988 series B
    For the fiscal year ending June 30, 1999 		$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.''

 On roll call, the vote was: Yeas 58; Nays 63; Present but not voting: 1; Absent or not
voting: 2.

 Yeas: Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Feuerborn,
Findley, Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Haley, Henderson, Henry, How-
ell, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, McClure, McKechnie, Mc-
Kinney, Minor, Nichols, Palmer, Pauls, E. Peterson, Phelps, Powell, Reardon, Reinhardt,
Ruff, Sawyer, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Storm, Thimesch,
Toelkes, Vickrey, Vining, Weiland, Wells, Welshimer, Wempe, Wilson.

 Nays: Adkins, Aurand, Ballou, Beggs, Benlon, Boston, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer,
Gilmore, Glasscock, Hayzlett, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, P. Long, Mason, Mayans, Mays,
McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer,
J. Peterson, Pottorff, Powers, Ray, Samuelson, Schwartz, Shallenburger, Stone, Swenson,
Tanner, Tomlinson, Toplikar, Wagle, Weber, Wilk.

 Present but not voting: Helgerson.

 Absent or not voting: Allen, Presta.

 The motion of Rep. McKinney did not prevail.

 Also, on motion of Rep. Helgerson H. Sub. for SB 643 was amended on page 20 of the
typed version of the bill, in line 20, by striking ``for''; in line 21, by striking all before the
colon; following line 29, by adding the following material to read as follows:


``Kansas sports hall of fame operating expenditures $100,000'';


 Also, on further motion of Rep. Helgerson to amend H. Sub. for SB 643, the motion
did not prevail. Also, on motion of Rep. Thimesch to amend, the motion did not prevail.
Also, on motion of Rep. Cook to amend, the motion did not prevail.

 Also, on motion of Rep. Powell H. Sub. for SB 643 was amended on page 61 of the
typed version of the bill, following line 16, by inserting the following:

    ``Sec. 53. (a) On and after June 1, 1998, no moneys appropriated for the fiscal year
ending June 30, 1998, or the fiscal year ending June 30, 1999, for the attorney general or
for any other state agency shall be expended to continue the case commenced by the attorney
general in the Shawnee County District Court to challenge the constitutionality of the state-
wide system of property tax valuation (State ex rel. Stovall v. The Kansas Department of
Revenue, case number 92 CV 796), unless the attorney general has moved for dismissal of
such case in accordance with the provisions of 1998 House Resolution No. 6022.'';

    And by renumbering sections accordingly;

 Also, on motion of Rep. Packer to amend H. Sub. for SB 643, the motion did not prevail.
Also, on motion of Rep. Mays to amend, the motion did not prevail. Also, on motion of
Rep. Haley to amend, the motion did not prevail.

 Also, on motion of Rep. Garner H. Sub. for SB 643 was amended on page 44, in line
39 of the typed version of the bill, before the period, by inserting the following: ``: Provided
further, That the secretary of social and rehabilitation services shall review the performance
of all service providers that are providing foster care services under the statewide foster care
program: And provided further, That the secretary of social and rehabilitation services shall
not renew or enter into a provider contract agreement with any service provider if such
service provider is not fully meeting all outcome goals and indicators and other performance
objectives under the provider contract agreement'';

 Also, roll call was demanded on motion of Rep. Findley to amend H. Sub. for SB 643
on page 46, following line 8 of the typed version of the bill, by adding the following material
to read as follows:

    ``(j) In addition to the other purposes for which expenditures may be made by the above
agency from the child care discretionary federal fund for the fiscal year ending June 30,
1999, as authorized by section 120(b) of 1998 Senate Bill No. 495, expenditures shall be
made by the above agency from the child care discretionary federal fund for fiscal year 1999
for increased funding for the Head Start program: Provided, That such expenditures for
such purposes from the child care discretionary federal fund for fiscal year 1999 shall not
exceed $2,500,000: Provided further, That such expenditures shall be targeted to provide
services for families with incomes that are ranked between 100% and 185% of the federal
poverty guidelines.'';

    And by relettering the subsections in the section accordingly;

 On roll call, the vote was: Yeas 51; Nays 62; Present but not voting: 0; Absent or not
voting: 11.

 Yeas: Adkins, Ballard, Benlon, Burroughs, Campbell, Correll, Crow, Dean, Dillon, Ed-
monds, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Glasscock, Grant,
Haley, Helgerson, Henry, Howell, Johnston, Kirk, Klein, Kuether, Larkin, M. Long, Mc-
Kinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Powers, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Sharp, Showalter, Sloan, Storm, Swenson, Thimesch, Weiland, Wells,
Welshimer, Wempe.

 Nays: Aurand, Ballou, Beggs, Boston, Carmody, Compton, Cook, Cox, Dahl, Dreher,
Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Gregory, Hayzlett, Hen-
derson, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil
Kline, Phill Kline, Lane, P. Long, Mason, Mays, McCreary, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, Osborne, Packer, Palmer, J. Peterson, Pottorff, Powell, Ray, Schwartz,
Shallenburger, Shore, Shriver, Shultz, Stone, Tanner, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Alldritt, Allen, Krehbiel, Landwehr, Mayans, McClure, McKechnie,
O'Neal, Presta, Spangler, Toelkes.

 The motion of Rep. Findley did not prevail.

 Also, on motion of Rep. Vining H. Sub. for SB 643 was amended on page 13 of the
typed version of the bill, following line 16, by inserting the following material to read as
follows:


``State match--EPA Wichita 57th and North Broadway national prioritylist site
    For the fiscal year ending June 30, 1999 		$150,000


Provided, That all expenditures from the state match--EPA Wichita 57th and North Broad-
way national priority list site account shall be made only for the purpose of matching an
equal or greater amount of federal or EPA moneys: Provided, however, That no expenditures
shall be made from this account except upon approval of state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after
receiving information that the EPA or other federal agency has provided the required federal
fund.'';

 Also, roll call was demanded on motion of Rep. Sharp to amend H. Sub. for SB 643 on
page 60 of the typed version of the bill, in line 27, by adding $400,000 to the dollar amount
and adjusting the dollar amount in line 27 accordingly;

 On roll call, the vote was: Yeas 58; Nays 62; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Ballard, Benlon, Burroughs, Correll, Crow, Dean, Dillon, Empson,
Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Helgerson, Henderson,
Henry, Horst, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, McClure,
McKechnie, McKinney, Minor, Nichols, O'Neal, Palmer, Pauls, E. Peterson, Phelps, Pow-
ers, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Sloan, Spangler,
Storm, Swenson, Tanner, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe.

 Nays: Aurand, Ballou, Beggs, Boston, Campbell, Carmody, Compton, Cook, Cox, Dahl,
Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glas-
scock, Gregory, Hayzlett, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, P. Long, Mason, Mays, McCreary,
Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Osborne, Packer, J. Peterson, Pottorff,
Powell, Ray, Schwartz, Shallenburger, Shore, Shriver, Shultz, Stone, Tomlinson, Toplikar,
Vickrey, Wagle, Weber, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Allen, Mayans, Presta, Vining.

 The motion of Rep. Sharp did not prevail.

 Also, on motion of Rep. Johnson H. Sub. for SB 643 was amended on page 32 of the
typed version of the bill, following line 2, by inserting the following material to read as
follows:

    ``(c) In addition to the other purposes for which expenditures may be made by the
Kansas department of wildlife and parks from any moneys appropriated from the state
general fund or from any special revenue fund for the fiscal year ending June 30, 1999, as
authorized by this or other appropriation act of the 1998 regular session of the legislature,
the Kansas department of wildlife and parks may make expenditures for fiscal year 1999 for
the purposes of and is hereby authorized, on behalf of the state of Kansas, to provide to the
U.S. Bureau of reclamation a letter of agreement committing the state of Kansas to provide
moneys equal to a maximum of 15% of the total cost, from the funding source identified in
the following proviso, to repair and restore the structural integrity of the dam at the Cedar
Bluff reservoir and the portion of state highway K-147 located on the dam and providing
that the state of Kansas will provide the required funding within 12 months of initiation of
repairs at the Cedar Bluff reservoir dam: Provided, That, with respect to this repair project,
the Kansas department of transportation is hereby authorized to provide funding for such
repair project and to enter into appropriate contracts to repair and restore the integrity of
the Cedar Bluff reservoir dam and state highway K-147: Provided, however, That the amount
of funding for these purposes shall be determined by an appropriation act enacted by the
legislature during the 1999 regular session.'';

 Also, on motion of Rep. Alldritt to amend H. Sub. for SB 643, the motion did not prevail.

 Also, roll call was demanded on motion of Rep. Powers to amend H. Sub. for SB 643
on page 31 of the typed version of the bill, following line 18, by inserting the following:


``Operating expenditures
    For the fiscal year ending June 30, 1998 		$60,001'';


 On roll call, the vote was: Yeas 31; Nays 88; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Alldritt, Dean, Findley, Flaharty, Franklin, Glasscock, Gregory, Johnston, Klein,
Krehbiel, Mayans, McClure, McKinney, Nichols, Pauls, E. Peterson, Pottorff, Powell, Pow-
ers, Reardon, Sawyer, Sharp, Spangler, Swenson, Thimesch, Tomlinson, Vining, Wagle,
Wells, Welshimer, Wempe.

 Nays: Adkins, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell,
Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore, Grant,
Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerick-
house, Hutchins, Jennison, Johnson, Kejr, Kirk, Phil Kline, Phill Kline, Kuether, Landwehr,
Lane, M. Long, P. Long, Mason, Mays, McCreary, McKechnie, Minor, Mollenkamp, Mor-
rison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, J. Peterson, Phelps, Ray, Rein-
hardt, Ruff, Samuelson, Schwartz, Shallenburger, Shore, Showalter, Shriver, Shultz, Sloan,
Stone, Storm, Tanner, Toelkes, Toplikar, Vickrey, Weber, Weiland, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Allen, Flora, Larkin, Palmer, Presta.

 The motion of Rep. Powers did not prevail.

 Also, on motion of Rep. Neufeld H. Sub. for SB 643 was amended on page 48, in line
1, by adding, at the end of line 1, the following:

 ``(c) In addition to the other purposes for which expenditures may be made by the above
agency from the operations (including official hospitality) account of the state general fund
or from the legislative special revenue fund for the fiscal year ending June 30, 1999, as and
for payment of legal fees and expenses incurred in litigation arising from implementation
of 1998 HB 2531.'';
 H. Sub. for SB 643, An act making and concerning appropriations for the fiscal years
ending June 30, 1998, June 30, 1999, and June 30, 2000; authorizing certain transfers and
fees, imposing certain restrictions and limitations and directing or authorizing certain re-
ceipts, disbursements, capital improvements and acts incidental to the foregoing, was con-
sidered on final action.

 On roll call, the vote was: Yeas 91; Nays 31; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Ballard, Ballou, Beggs, Boston, Burroughs, Campbell, Carmody, Compton, Cook,
Correll, Cox, Crow, Dillon, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Geringer, Gilbert, Gilmore, Grant, Gregory, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Lane, Larkin, M. Long, Mason, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neu-
feld, Nichols, O'Connor, O'Neal, Pauls, E. Peterson, J. Peterson, Phelps, Powers, Ray, Rear-
don, Reinhardt, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Stone, Swenson, Tanner, Thimesch, Toelkes, Vickrey, Vining, Wagle, Weber, Wei-
land, Wells, Wempe, Wilson.

 Nays: Adkins, Alldritt, Aurand, Benlon, Dahl, Dean, Dreher, Edmonds, Empson, Frank-
lin, Freeborn, Garner, Glasscock, Haley, Krehbiel, Landwehr, P. Long, Mayans, Osborne,
Packer, Palmer, Pottorff, Powell, Ruff, Samuelson, Spangler, Storm, Tomlinson, Toplikar,
Welshimer, Wilk.

 Present but not voting: None.

 Absent or not voting: Allen, Presta.

 The substitute bill passed, as amended.

REPORT ON ENGROSSED BILLS
 HB 2731 reported correctly engrossed April 30, 1998.

 HB 2233; Sub. HB 2630; HB 2744 reported correctly re-engrossed April 30, 1998.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Friday, May 1, 1998.

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