January 25, 1999

Journal of the House

TENTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Monday, January 25, 1999, 11:00 a.m.
 The House met pursuant to adjournment with Speaker Jennison in the chair.

 The roll was called with 124 members present.

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

 Prayer by Chaplain Svoboda:

       Holy God, we have been called

         to guide this state.
      Grant that we may walk in your presence,

         your love in our hearts,
        your truth in our minds,
                  your strength in our wills;
       Until, at the end of our journey,

         we know the joy of our homecoming
               and the welcome of your embrace.
      In Your name we pray,

      Amen.

     
(paraphrased from the New Zealand Book of Prayer--Anglican)

 The Pledge of Allegiance was led by Rep. Gatewood.

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

 HB 2095, An act concerning state educational institutions; residence of students for fee
purposes; amending K.S.A. 1998 Supp. 76-729 and repealing the existing section, by
Representative Sloan.

 HB 2096, An act concerning title insurance and escrow accounts, by Committee on
Insurance.

 HB 2097, An act relating to accident and health insurance; providing coverage for durable
medical equipment; amending K.S.A. 1998 Supp. 40-19c09 and repealing the existing
section; also repealing K.S.A. 1998 Supp. 40-1909, by Committee on Insurance.

 HB 2098, An act relating to sales taxation; concerning the rate imposed upon sales of
food for human consumption; amending K.S.A. 1998 Supp. 79-3603 and repealing the
existing section, by Representatives Franklin, Burroughs, Horst and Aday, Alldritt, Ballard,
Barnes, Bethell, Compton, Cox, Crow, Dahl, Dean, Farmer, Feuerborn, Findley, Flaharty,
Flora, Garner, Geringer, Gilbert, Grant, Haley, Henderson, Howell, Huff, Hutchins, Kirk,
Klein, Phill Kline, Kuether, Landwehr, Light, Lightner, M. Long, P. Long, Mayans, Mays,
McClure, McKechnie, Mollenkamp, Myers, Nichols, O'Connor, Osborne, Palmer, Pauls,
E. Peterson, Phelps, Powell,Rehorn, Ruff, Sharp, Showalter, Spangler, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Wells and
Welshimer.

 HB 2099, An act relating to sales taxation; exempting purchases of certain primary care
clinics and health centers; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing
section, by Committee on Taxation.

      HOUSE CONCURRENT RESOLUTION No. 5011--

    By Representatives Farmer and Barnes, Boston, Compton, Dean, Flaharty, Gilbert,
      Gregory, Helgerson, Howell, Johnston, Klein, Krehbiel, Landwehr, Mayans, McCreary,
      Myers, Palmer, Pottorff, Powell, Powers, Showalter, Shriver, Swenson, Thimesch,
      Vining, Wagle, Wells and Welshimer

        A  CONCURRENT  RESOLUTION requesting the State Corporation Commission to
      examine whether it serves the public interest to have disparities in rates charged in
      different service areas of Western Resources and, if not, to recommend action to
      eliminate the disparities.

              WHEREAS,  Western Resources operates as one integrated company but divides its
customers into two separate service areas; and

      WHEREAS,  Western Resources charges more for electric service to customers in the
Kansas Gas and Electric (KGE) service area than customers in the Kansas Power and Light
(KPL) service area; and

      WHEREAS,  The rate disparity requires KGE residential customers to pay 32.6% more,
commercial customers, 42.6% more, and industrial customers, 13.4% more, than Western
Resources' customers in the KPL service area; and

      WHEREAS,  These rate disparities are unfair because the Wolf Creek Nuclear
Generating Station, which is blamed for the higher KGE rates, benefits all customers of
Western Resources; and

      WHEREAS,  An acquisition of Kansas City Power and Light (KCPL) by Western
Resources might result in similar rate disparities: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature requests the State Corporation Commission (KCC) to
examine whether disparities between the rates charged KGE customers and those charged
KPL customers are in the public interest; and

      Be it further resolved: That the Legislature requests the KCC to review whether, if
Western Resources acquires KCPL, it would be in the public interest to have similar
disparities between rates charged to KPL customers and those charged to customers in the
service area of KCPL; and

      Be it further resolved: That, if the KCC finds that the public interest is not or would
not be served by these disparities, the Legislature requests the KCC to recommend action
to eliminate the disparities.

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

 Judiciary: HB 2092, 2093.

 Transportation: HB 2094.

COMMUNICATIONS FROM STATE OFFICERS
 From Larry Welch, Director, Kansas Bureau of Investigation, in compliance with K.S.A.
60-4117, status of the KBI State Forfeiture Fund, January 19, 1999.

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

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

   Request No. 9, by Representative Findley, congratulating Etna Atkinson on her 80th
birthday;

 Request No. 10, by Representative Gilmore, congratulating Blue Valley High School
football team on winning the 5A State Championship;

 Request No. 11, by Representative Dreher, congratulating Andrew B. Allegre for
achieving Eagle Scout;

 Request No. 12, by Representative Dreher, congratulating Craig W. Brown for achieving
Eagle Scout;

 Request No. 13, by Representative Dreher, congratulating Mahlin C. Gillespie for
achieving Eagle Scout;

 Request No. 14, by Representative Dreher, congratulating Tom Haight for acceptance
into Notre Dame;

 Request No. 15, by Representative Dreher, congratulating Amy Botham on her 99th
birthday;

 Request No. 16, by Representative Dreher, congratulating Laura Caillouet a recipient
of the 1998 Milken Family Foundation National Educator Award;

 Request No. 17, by Representative Dahl, honoring Darrell and Beulah Weigart on 50
years of marriage;

 Request No. 18, by Representative Compton, honoring Gene John for his work with
students of USD 484 and for his induction to the Kansas High School Activities Hall of
Fame;

 Request No. 19, by Representative Hermes, congratulating Janet Hards, a recipient of
the 1998 Milken Family Foundation National Educator Award;

 Request No. 20, by Representative Bethell, honoring Kristina Boger, for being named
as a member of the 1999 All-Kansas Academic Team;

 Request No. 21, by Representative Bethell, honoring Jamie Danie, for being named as
a member of the 1999 All-Kansas Academic Team;

 Request No. 22, by Representative Edmonds, congratulating Edna Hines on her 105th
birthday;

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

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

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

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

   HB 2100, An act concerning insurance; terms and conditions of certain sickness and
accident policies; amending K.S.A. 1998 Supp. 40-2209 and repealing the existing section,
by Committee on Insurance.

 HB 2101, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; availability of presentence reports; amending K.S.A. 21-4605 and repealing the
existing section, by Committee on Judiciary.

 HB 2102, An act concerning civil commitment; relating to sexually violent predators;
jury; peremptory challenges; amending K.S.A. 1998 Supp. 59-29a06 and repealing the
existing section, by Committee of Judiciary.

 HB 2103, An act concerning certificates of completion of hunter education; amending
K.S.A. 32-920 and repealing the existing section, by Committee on Environment.

 HB 2104, An act concerning controlled shooting areas; amending K.S.A. 32-943 and
repealing the existing section, by Committee on Environment.

 HB 2105, An act concerning boating under the influence of alcohol or drugs; amending
K.S.A. 32-1131 and 32-1134 and repealing the existing sections, by Committee on
Environment.

 HB 2106, An act concerning boating safety education; providing for an approved course
of instruction; requiring certain persons to obtain a certificate of completion; amending
K.S.A. 32-1102 and repealing the existing section, by Committee on Environment.

 HB 2107, An act relating to motor vehicle taxation; concerning the computation thereof;
amending K.S.A. 79-5105 and repealing the existing section, by Representative Kirk.

REPORT ON ENROLLED RESOLUTIONS
 HCR 5007 reported correctly enrolled and properly signed on January 21, 1999.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, January
26, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.