Topeka, KS, Thursday, January 28, 1999, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 121 members present.
Rep. Johnston was excused on legislative business.
Reps. Helgerson, Mayans and O'Neal were excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Alan Hunter, pastor, Jefferson Street Baptist Church,
Eureka, and guest of Rep. Peggy Long:
Heavenly Father,
You have taught us in Your Bible that whoever finds wisdom finds life, and obtains
favor from the Lord; but he who sins against wisdom wrongs his own soul; all those who
hate wisdom love death.
As we have gathered in your presence we admit today that wisdom is our present
necessity. We have been called upon, both corporately and personally to provide shape
and give direction to a future we cannot see. The results of our efforts are now only
hopes and dreams and may never be anything more, or they may produce results never
imagined. Only history can prove our wisdom or lack of it today. Therefore, we humbly
place before You, Father, the Sovereign of the Universe, our hopes and dreams that
Your Holy Spirit may provide direction and guidance beyond the ability of mortals. Help
us distinguish between good and evil in our deliberations that our lives and our work
will be regarded as a blessed treasure to those who follow behind us. May our children's
children look upon our work and praise the God who has guided our history to its
appointed end.
May all those who have placed their faith in the men and women here today be able
to thank You, Father for the light that has shown forth from their efforts rather than
curse the darkness.
May the wisdom of the Sovereign God who rules and overrules in the affairs of men
cry out from this place. May we each experience the blessings of a pure heart and a
clear conscience as we work out our lives before the Heavenly courts and the God to
whom we must surely one day give an account. I ask these favors in Jesus' name. Amen.
The Pledge of Allegiance was led by Rep. Reinhardt.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2162, An act concerning accident and health insurance; relating to coverage of health
care services outside of provider networks; amending K.S.A. 1998 Supp. 40-4602 and 40-
4607and repealing the existing sections, by Representative Franklin.
HB 2163, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4154 and repealing the existing section, by Committee on Governmental Organization
and Elections.
HB 2164, An act concerning municipal universities; relating to out-district tuition;
amending K.S.A. 13-13a26 and repealing the existing section; also repealing K.S.A. 13-13a28
and 13-13a30, by Committee on Education.
HB 2165, An act concerning school district finance; relating to determination of
transportation weighting; amending K.S.A. 72-6411 and repealing the existing section, by
Committee on Education.
HB 2166, An act concerning redevelopment projects of statewide as well as local
importance; amending K.S.A. 1998 Supp. 12-195, 74-8902, 74-8921, 74-8924, 74-8925, 74-
8927, 79-3603 and 79-3703 and repealing the existing sections; also repealing K.S.A. 1998
Supp. 74-8902a and 79-3603a, by Committee on Taxation.
HB 2167, An act relating to sales taxation; exempting sales of reading materials to
students; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section, by
Representative Swenson.
HB 2168, An act concerning health care providers; relating to advanced registered nurse
practitioners and midlevel practitioners; amending K.S.A. 65-1130 and K.S.A. 1998 Supp.
65-1626 and 65-4101 and repealing the existing sections, by Committee on Health and
Human Services.
HB 2169, An act concerning health care professionals; relating to nurses and mental
health technicians; approved education; licensure by Kansas state board of nursing; crimes
and expungements, fees; amending K.S.A. 65-1133 and K.S.A. 1998 Supp. 65-1115, 65-
1116, 65-1118a, 65-1119, 65-1120, 65-1122, 65-1124, 65-1136, 65-1152, 65-1153, 65-1163,
65-4203, 65-4209 and 74-1106 and repealing the existing sections, by Committee on Health
and Human Services.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
COMMUNICATIONS FROM STATE OFFICERS
From Linda J. De Coursey, Chair, Kansas SAFE KIDS Coalition, 1998 Annual Report.
From Shirley A. Moses, Director, Department of Administration, Division of Accounts
and Reports, Monthly Financial Perspective for December, 1998.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing adoption of HCR 5012.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Flora, HR 6007, by Reps. Flora, Kirk, Kuether, Nichols
and Toelkes, as follows, was introduced and adopted:
HOUSE RESOLUTION No. 6007--
By Representatives Flora, Kirk, Kuether, Nichols and Toelkes
A RESOLUTION in memory of Virgil N. Barnes.
WHEREAS, Virgil N. Barnes, 81, of Topeka, died January 19, 1999, at a Topeka hospital;
and
WHEREAS, Virgil N. Barnes was a life-long Topeka resident. He was the first Topekan
to run for city council in District 1, Ward 1, and he served on the Mayor's Advisory Council.
He served as Ward Captain since 1982 and was on the Democratic Central Committee. He
was appointed in 1990 to serve the remainder of the term as Representative for the 53rd
Kansas Representative District; and
WHEREAS, Virgil N. Barnes served in the Army Air Corps during World War II and
was a machinist for the Atchison, Topeka and Santa Fe Railroad for 53 years before he
retired in July 1994; and
WHEREAS, Virgil N. Barnes was a member of St. Joseph Catholic Church, Topeka
North Post 400 of the American Legion, the American Historical Society of Germans from
Russia, the North Topeka West Neighborhood Improvement Association and was active in
activities of Hayden High School and Hayden Pace; and
WHEREAS, Virgil N. Barnes was married to Hazel M. Devlin on October 15, 1941, in
Topeka. She survives. Other survivors include a son, Larry M. Barnes, and two daughters,
Linda M. Barnes and Jackie M. Barnes, all of Topeka, plus three grandchildren and one
great-grandchild: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Virgil N. Barnes; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send four enrolled copies of this resolution to Mrs. Virgil N. Barnes at 1740 N.W. Taylor,
Topeka, KS 66608.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Nichols, HR 6008, by Reps. Nichols, Aday, Adkins,
Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston, Burroughs,
Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer and Wilk, as follows, was introduced and adopted:
HOUSE RESOLUTION No. 6008--
A RESOLUTION in memory of John F. Kuether.
WHEREAS, John F. Kuether, professor of law at Washburn University School of Law,
died January 12, 1999, in Topeka; and
WHEREAS, John F. Kuether, who had been named the William O. Douglas Outstanding
Professor at Washburn University by the class of 1990, had been a professor of law at
Washburn University since 1974 where he specialized in decedents' estates, trusts,
commercial law and property. He was a visiting professor at Temple Law School from 1980
to 1981 and taught at the Washburn University Summer Law Program in London in 1990,
1995 and 1997; and
WHEREAS, Professor Kuether served on the Probate Law Advisory Committee of the
Kansas Judicial Council from 1982 until his death. He was elected an Academic Fellow of
the American College of Trust and Estate Council in 1993. He served as president of the
Kansas Bar Association Real Property, Probate and Trust Law Section from 1986 to 1988,
and he had edited the section newsletter since 1977. He also chaired the American Bar
Association Real Property, Probate and Trust Law Section's Significant Developments
Committee from 1989 to 1994; and
WHEREAS, Professor Kuether was a frequent lecturer at local and state continuing
education programs, and he had given bar review lectures since 1982. He served on the
Topeka Unified School District 501 Citizen Advisory Committee and the Boy Scout Troop
No. 41 Committee; and
WHEREAS, Professor Kuether was born February 5, 1943, at Geneva, Ill., the son of
Frederick Charles Kuether and Orithia Clark Steenis. He attended high school in Pelham,
N.Y. and graduated from Colgate University in 1965, where he was elected to the Phi Society
of Phi Beta Kappa and a member of the Alpha Tau Omega fraternity. He earned a law
degree at the University of Virginia in 1971, where he was a member of the board of editors
of the Virginia Law Review. He served in the Army from 1966 to 1972, including two years
of active duty with a tour in Vietnam with military intelligence. He was an associate with
the New York City law firm of Simpson, Thacher and Bartlett from 1971 to 1974; and
WHEREAS, John F. Kuether is survived by his wife, Annie, who represents the 55th
district in the Kansas House of Representatives, a daughter, Rebecca, a son, Theodore, his
mother, two sisters and a brother: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of John F. Kuether; 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 Mrs. John F. Kuether, 1346 SW Wayne,
Topeka, Kansas 66604.
CONSENT CALENDAR
No objection was made to HB 2062 appearing on the Consent Calendar for the first day.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Reardon in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Reardon, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2061 be amended.
on page 4, after line 29, by inserting a new section to read as follows:
``New Sec. 5. (a) For the purpose of offering and providing off-campus instruction and
courses of study at the Fort Riley military reservation, any community college board of
trustees is hereby authorized to enter into agreements with the United States of America
or any department or agency thereof. Credit for such study shall be given and accredited
in the same manner and to the same extent as other community college credit is given and
accredited.
(b) Any community college board shall receive, deposit and disburse all funds due or
to become due for off-campus instruction at Fort Riley military reservation in the same
manner as other funds belonging to the board. All funds received as provided in this section,
or which have been received, shall be available and expended for such off-campus instruction
and other lawful purposes of the board without regard to any restrictions or limitations
contained in the budget law.'';
By renumbering existing sections accordingly;
On page 1, in the title, in line 10, after the semicolon, by inserting ``off-campus
instruction;'';
Also, on motion of Rep. Phil Kline, HB 2061 be referred to Committee on
Appropriations.
Committee report to HB 2005 be adopted; and the bill be passed as amended.
Committee report to HB 2015 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Taxation recommends HB 2001 be passed and, becuase the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
The Committee on Utilities recommends HB 2053 be passed.
The Committee on Utilities recommends HB 2056 be amended on page 1, in line 37,
by striking ``a'' and inserting ``an''; also in line 37, by striking ``$100'' and inserting ``$250'';
and the bill be passed as amended.
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 2170, An act concerning certain real estate owned by state agencies; relating to the
sale thereof; amending K.S.A. 75-3352 and repealing the existing section, by Joint
Committee on State Building Construction.
HB 2171, An act concerning the assignment of space and facilities for state agencies;
relating to the power of the secretary of administration; amending K.S.A. 75-3765 and
repealing the existing section, by Joint Committee on State Building Construction.
HB 2172, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for the department of administration; authorizing certain transfers and imposing
certain restrictions and limitations, and directing or authorizing certain receipts and
disbursements and acts incidental to the foregoing, by Joint Committee on State Building
Construction.
HB 2173, An act enacting the Dwight David Eisenhower scholarship act, by
Representative Adkins.
HB 2174, An act relating to corporations; concerning voting by proxy; amending K.S.A.
17-6502 and repealing the existing section, by Representative Adkins.
HB 2175, An act relating to sales taxation; exempting purchases and sales of the National
Kidney Foundation of Kansas and Western Missouri therefrom; amending K.S.A. 1998
Supp. 79-3606 and repealing the existing section, by Committee on Taxation.
HB 2176, An act relating to sales taxation; exempting a portion of the gross receipts
received from sales of certain motor vehicles; amending K.S.A. 1998 Supp. 79-3606 and
repealing the existing section, by Committee on Taxation.
HB 2177, An act enacting the consumer motor vehicle leasing contracts act; amending
K.S.A. 84-2a-104 and K.S.A. 1998 Supp. 50-645 and repealing the existing sections, by
Representative Adkins.
HB 2178, An act relating to motor vehicles; concerning educational institution license
plates; amending K.S.A. 1998 Supp. 8-1,141 and 8-1,142 and repealing the existing sections,
by Representative Adkins.
HB 2179, An act concerning transportation of certain high level radioactive waste in this
state; imposing certain requirements; providing for preparation of an emergency response
plan; providing for designation of certain routes, times and dates for transportation, by
Committee on Environment.
HB 2180, An act relating to property taxation; concerning recipients of valuation notices;
amending K.S.A. 79-1460 and repealing the existing section, by Representative Weber.
HB 2181, An act concerning school districts; conferring the power of local control on
boards of education; amending K.S.A. 72-8205 and repealing the existing section, by
Committee on Education.
HB 2182, An act concerning townships; relating to the powers and duties of the township
board; amending K.S.A. 80-104 and 80-105 and repealing the existing sections, by
Committee on Local Government.
HB 2183, An act concerning driver's licenses and driving privileges; restrictions for
alcohol and drug-related offenses; relating to ignition interlock devices; amending K.S.A.
1998 Supp. 8-262, 8-1014, 8-1015 and 8-1016 and repealing the existing sections, by
Committee on Judiciary.
HB 2184, An act concerning the code of civil procedure for limited actions; relating to
claim for possession of property; bond; forms; amending K.S.A. 61-2401 and repealing the
existing section; also amending Form No. 11, Form No. 20, Form No. 22 and Form No.
23, in the appendix of forms following K.S.A. 61-2605 and repealing the existing forms, by
Committee on Judiciary.
HB 2185, An act enacting the Kansas Y2K protection act, by Committee on Judiciary.
HB 2186, An act relating to property taxation; concerning the valuation of vessels for
such purposes, by Representative Edmonds.
HB 2187, An act relating to income taxation; concerning personal exemption amounts;
amending K.S.A. 1998 Supp. 79-32,121 and repealing the existing section, by Committee
on Taxation.
HB 2188, An act relating to property taxation; concerning the rate of the statewide school
levy; amending K.S.A. 1998 Supp. 72-6431 and repealing the existing section, by Committee
on Taxation.
HB 2189, An act relating to sales taxation; concerning the exemption of parent-teacher
associations or organizations; amending K.S.A. 1998 Supp. 79-3606 and repealing the
existing section, by Committee on Taxation.
HB 2190, An act relating to income taxation; concerning the imposition rates thereof;
amending K.S.A. 1998 Supp. 79-32,110 and repealing the existing section, by Committee
on Taxation.
HB 2191, An act concerning school districts; exempting certain persons from certification
of health requirements under certain circumstances; amending K.S.A. 72-5213 and
repealing the existing section, by Representative Adkins.
HB 2192, An act relating to trusts and trustees; providing notice to creditors of decedent,
by Committee on Financial Institutions.
On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Friday, January 29,
1999.