The House met pursuant to adjournment with Speaker Jennison in the chair.
The roll was called with 119 members present.
Reps. Larkin, McKechnie and Nichols were excused on legislative business.
Reps. Helgerson, O'Neal and Rehorn were excused on excused absence by the Speaker.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were introduced and read by title:
HB 2193, An act concerning fishing licenses; amending K.S.A. 1998 Supp. 32-906 and
repealing the existing section, by Committee on Environment.
HB 2194, An act concerning the transfer of real property upon the death of the owner;
relating to an heir who files a notification of interest in title, by Committee on Judiciary.
HOUSE CONCURRENT RESOLUTION No. 5013--
By Committee on Health and Human Services
(By Request of the Health Care Reform Legislative Oversight Committee)
A CONCURRENT RESOLUTION urging each member of the Kansas Congressional
Delegation to support prior rules and regulations regarding organ procurement.
WHEREAS, The United States Secretary of the Department of Health and Human
Services has promulgated new rules and regulations, 42 CFR part 121.1 through 121.12,
regarding organ procurement and allocation under the National Organ Transplant Act of
1984; and
WHEREAS, The proposed new rules and regulations issued by the Secretary mandate
that all organ donations be allocated to transplant recipients at the national level first
according to the policies and standardized criteria developed under the new rules and
regulations for the National Organ Procurement and Transplant Network instead of allowing
a state to allocate donated organs through the regional organ procurement organization (42
U.S.C. § 273) to a recipient from the state first; and
WHEREAS, Protecting the health and welfare of Kansas' citizens is a chief concern and
duty of the state of Kansas; and
WHEREAS, The new rules and regulations issued by the Secretary abrogate Kansas'
duty to protect the health and welfare of its citizens first; and
WHEREAS, The existing rules and regulations promulgated under the National Organ
Transplant Act of 1984 respect state needs and make organs available on a national basis
should no state or regional recipient be found works without infringing on the right and
duty of a state to protect its citizenry; and
WHEREAS, Even under the proposed new national rules and regulations a donor may
specify a named donee: Now, therefore,Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature strongly urges the
Kansas Congressional Delegation to request and argue that Congress should develop rules
and regulations establishing consistency in objective and measurable medical criteria to be
used by national and regional organ procurement and transplant centers to place a person
on a waiting transplant list. However, Congress should not approve rules and regulations
which mandate organs be allocated at the national level first to the detriment of Kansas' or
any other state's duty and right to protect its citizenry;
Be it further resolved: That the Legislature urges the Kansas Congressional Delegation
to argue that because the federal rules and regulations, both old and new, allow a donor or
donor's family to name a specific recipient pursuant to subsection (e) of 42 C.F.R. 121.8,
the donor or donor's family should not be deprived of the fundamental right to designate
whether the donor's property, i.e. the donated organs, should go to a recipient in the state
of Kansas before being allocated at the regional or national level;
Be it further resolved: That the Legislature urges the Kansas Congressional Delegation
to argue that under the balance of power between the federal and state systems of
government and the powers and rights reserved to the state governments in that balance,
the duty and right of Kansas to look after the health and welfare of its citizenry should not
be diminished by depriving the state of its right to first look to and help recipients on the
waiting list from Kansas before the donor organs are ever placed in interstate commerce
for allocation at the national level; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to each member of the Kansas Congressional Delegation.
HOUSE CONCURRENT RESOLUTION No. 5014--
By Committee on Health and Human Services
(By Request of the Health Care Reform Legislative Oversight Committee)
A CONCURRENT RESOLUTION urging the establishment of an interdisciplinary
council on brain seizures.
WHEREAS, Epilepsy is a prevalent serious neurological disorder which occurs across
all age groups and gender; and
WHEREAS, Research indicates that epilepsy is a disease which has a great potential for
rehabilitation and greater cost effectiveness for treatment; and
WHEREAS, Uncontrollable epileptic seizures can affect all areas of the afflicted person's
life to the extent of losing jobs, social relationships and the privilege of driving a motorized
vehicle in Kansas, K.S.A. 1998 Supp 8-247; and
WHEREAS, Over 90% of persons with epilepsy are educable, should be able to lead
fruitful lives and hold jobs if their seizures could be controlled; and
WHEREAS, Doctor Ivan Osorio, director of the Kansas Medical Center's
comprehensive epilepsy center, in conjunction with other institutions is developing a
warning device that will remove the unpredictability of the seizures, thus, improving the
afflicted person's quality of life; and
WHEREAS, The device should predict such seizures with great accuracy within a range
of 30 seconds to about three minutes of when the seizure will occur; and
WHEREAS, The development of the automated treatment device which will deliver
treatment only when needed and only to the part of the brain where it is needed will
effectively reduce the cost of care and replace daily medications which may have side effects
even worse than the seizures: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That a Kansas Interdisciplinary Institute for Epilepsy be established to continue
to find cost effective, compassionate alternatives of treatment to current modes of therapy
for persons with epilepsy and to find other applications for use of such treatments for other
disciplines involved in the institute; and
Be it further resolved: That the Kansas Interdisciplinary Institute for Epilepsy shall
consult with the Commission on Epilepsy to avoid duplication of services; and
Be it further resolved: That the Board of Regents be involved in supporting the institute
and that the institute confer and work with Dr. Ivan Osorio and his colleagues to further
develop their device which can predict and control the seizures; and
Be it further resolved: That the institute prepare and submit a report with
recommendations to the Board of Regents, Governor and Legislature during the 2000
legislative session.
HOUSE CONCURRENT RESOLUTION No. 5015--
By Committee on Health and Human Services
(By Request of the Health Care Reform Legislative Oversight Committee)
A CONCURRENT RESOLUTION memorializing the Congress of the United States to
rescind provisions of the Balanced Budget Act of 1997 related to an interim payment
system for medicare home health services.
WHEREAS, The State of Kansas is very concerned about the health and well-being of
its senior and disabled citizens; and
WHEREAS, The State of Kansas believes that its senior and disabled citizens should
have access to high quality, cost-effective home health care services; and
WHEREAS, Medicare beneficiaries needing the most care are being denied access to
home health services as a result of medicare payment reforms; and
WHEREAS, The provisions of the Balanced Budget Act of 1997 establishing the interim
payment system calling for payment cuts for medicare home health services will result in a
cut back of those necessary services which will lead to increased utilization of more costly
settings like emergency rooms, hospitals and nursing homes as well as shifting an enormous
financial and time consuming burden to the families of the senior or disabled citizens; and
WHEREAS, The medicare home health cuts will most likely shift service needs and costs
to more expensive state programs, especially long-term care facilities, thus resulting in an
unfunded mandate to Kansas and resulting in greater expense to both medicare and
medicaid: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature hereby requests Congress to rescind the provisions of the
Balanced Budget Act of 1997 related to the interim payment system for medicare home
health services; and
Be it further resolved: That the Secretary of State is hereby directed to send enrolled
copies of this resolution to the President and President pro tempore of the Senate of the
United States, to the Speaker of the House of Representatives of the United States and to
each member of the Kansas Congressional Delegation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
MESSAGE FROM THE SENATE
Announcing passage of SB 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 51, 56.
Also, announcing adoption of SCR 1602, 1605.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolutions were thereupon introduced and
read by title:
CONSENT CALENDAR
No objection was made to HB 2001 appearing on the Consent Calendar for the first day.
No objection was made to HB 2062 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
That order of business, Final Action on Bills and Concurrent Resolutions, was passed
over until Monday, February 1, 1999.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2065 be amended on page 1, in
line 17, by striking ``six'' and inserting ``five''; in line 18, by striking ``six'' and inserting ``five'';
in line 19, by striking ``six'' and inserting ``five''; in line 21, by striking ``three'' and inserting
``two''; in line 23, by striking ``six'' and inserting ``five''; in line 26, by striking ``three'' and
inserting ``two''; in line 33 by striking all following the period; by striking all in lines 34
through 39; in line 40 by striking ``committee. Thereafter, on'' and inserting ``On'';
On page 2, in line 16, by striking ``eight'' and inserting ``six''; in line 34, by striking ``six''
and inserting ``five''; in line 35, by striking ``six'' and inserting ``five''; in line 36, by striking
``Three'' and inserting ``Two;' in line 40, by striking ``Three'' and inserting ``Two'';
On page 3, in line 11, by striking all following the period; by striking all in lines 12 through
17; in line 18, by striking ``committee. Thereafter, on'' and inserting ``On''; in line 36, by
striking ``eight'' and inserting ``six''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends HB 2012 be amended on page 1, in line 17, by striking ``the hazards of fire and explosion'' and
inserting ``fire, explosion and hazardous materials'';
On page 2, in line 17, by striking ``local council of defense in the''; by striking all in lines
18 and 19 and inserting ``disaster agency of the county;''; and the bill be passed as amended.
The Committee on Tourism recommends HB 2016 be passed.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 23, by Representative Gatewood, congratulating John Clyburn on achieving
Eagle Scout;
Request No. 24, by Representative Gatewood, congratulating Jeff LaGasse on achieving
Eagle Scout;
Request No. 25, by Representative Ballard, congratulating Justin L. Graham on
achieving Eagle Scout;
Request No. 26, by Representative Ballard, congratulating John Anderson on achieving
Eagle Scout;
Request No. 27, by Representative Ballard, congratulating Chase Bradbury Anderson
on achieving Eagle Scout;
Request No. 28, by Representative Geringer, congratulating Hazel Hudson on her 99th
birthday;
Request No. 29, by Representatives Tomlinson, Benlon, Lane, Adkins, Allen, Phil Kline
and Storm, congratulating Julie Miller for 21 years of service to public education in the
Shawnee Mission school district;
Request No. 30, by Representative Loyd, congratulating Sarah A. Irsik for being named
to the 1999 Phi Theta Kappa All Kansas Academic Team;
Request No. 31, by Representative Loyd, congratulating Sandra J. Cauthon for being
named to the 1999 Phi Theta Kappa All Kansas Academic Team;
Request No. 32, by Representative Stone, congratulating Brian Shay for setting
numerous NCAA rushing records as an Emporia State University football team member
and for receiving the prestigious ``Harlan Hill'' award;
Request No. 33, by Representative P. Long, honoring Waldon ``Hug'' Huggerth for 95
years of dedication to Cloud County and the citizens around Clyde, Kansas;
Request No. 34, by Representative Loyd, congratulating Lyall Ford for receiving a
Garvey Competitive Scholarship;
Request No. 35, by Representative Jenkins, congratulating Erik Wisner for receiving a
Garvey Competitive Scholarship;
Request No. 36, by Representative Jenkins, congratulating Stephanie Baxter for
receiving a Garvey Competitive Scholarship;
Request No. 37, by Representatives Mason and Palmer, recognizing the El Dorado
Broncos, winners of the 1998 National Baseball Congress;
Request No. 38, by Representatives Mason and Palmer, recognizing James Shibest,
named National Junior College Athletic Association Coach of the Year;
Request No. 39, by Representatives Mason and Palmer, recognizing Butler County
Community College Football Team, winners of the National Junior College Football
Championship;
Request No. 40, by Representative Hermes, commending David Dallam for 32 years of
service in the Division of Budget;
Request No. 41, by Representative Hermes, congratulating Michael Wojcicki on his
promotion to chief operating officer and vice president of research at KTEC;
Request No. 42, by Representative Hermes, congratulating the Silver Lake High School
Baseball Team for winning three consecutive State 3-A Baseball Championships;
Request No. 43, by Representative Hermes, congratulating the Silver Lake High School
Volleyball Team for winning the 1998 3-A State Championship;
Request No. 44, by Representatives Aday, Freeborn, Lloyd and Weber, congratulating
Wendell D. Gugler for being honored with the 1998 Distinguished Citizen Award from the
Abilene Chamber of Commerce;
Request No. 45, by Representatives Aday, Freeborn, Lloyd and Weber, congratulating
George Greening for being honored with the 1998 Volunteer of the Year Award from the
Abilene Chamber of Commerce;
Request No. 46, by Representatives Aday, Freeborn, Lloyd and Weber, congratulating
Tom Schwartz for being honored with the 1998 Quiet Hero of the Year Award from the
Abilene Chamber of Commerce;
Request No. 47, by Representatives Aday, Freeborn, Lloyd and Weber, congratulating
Robert (Gene) Mount for being honored with the 1998 Ambassador of the Year Award from
the Abilene Chamber of Commerce;
Request No. 48, by Representative Johnson, congratulating Jeffery Morris on receiving
the Garvey Competitive Scholarship;
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.
Rededication of Representative Hall
It being the hour in accordance with HCR 5012 to meet in joint session with the Senate
for the purpose of commemorating Kansas Day and rededicating the chamber of the House
of Representatives, Reps. Toplikar and Ballard escorted President Bond and members of
the Senate to seats in the House; Reps. Weber and McKinney escorted the Governor to a
seat on the rostrum; and Reps. Phil Kline and Reardon escorted the former Speakers to
seats in the House.
The colors were presented and posted by the Kansas Highway Patrol, followed by the
Pledge of Allegiance led by Rep. Geringer.
Prayer by Chaplain Svoboda:
Holy God,
You are perfect beauty.
We thank you for the beauty that surrounds us,
both within this room, and in the wider world.
We thank you for the blessing of sight.
May we remember to see the beauty
within ourselves as well as outside ourselves.
We thank you for the blessing of artists.
May we be mindful of the gifts that others give to us.
As this restoration is dedicated today,
we ask You to be a part of our work here every day.
We pray in Your name,
Amen.
The Topeka High School Madrigals, directed by Steve Eubanks, sang ``Home on the
Range.''
Remarks by Tony Kartsonas, EverGreene Painting Studios, Architectural Restoration
Process:
Governor, Mr. President, Speaker, Members of the House and Senate, and guests:
A project like this one is a collaborative effort so I must begin by thanking the following
people:
First of all, Bill Bassette of Latimer Sommers and Associates for engineering the new
lighting system and to Mark Bolley and Current Electrical for installing it, which only helps
to enhance the appearance of our work and the beauty of the room.
Steve Beier and Ron Karlin of J.F. McGivern for whose collaboration and cooperation
ensured the success of the restoration.
The members of the House and the State of Kansas for allowing us the opportunity to
work on a prestigious project such as this.
Jeff Russell of the Legislative Administration Department.
And lastly, Statehouse Architect Bill Groth, whose enthusiasm and commitment greatly
inspired us.
EverGreene Painting Studios first became involved with this project five years ago, when
a preliminary study of the historic finishes was carried out. Some time had passed and in
December of 1997, a more in-depth study was implemented by myself. The purpose of the
examination was to determine the original decorative scheme of the legislative chamber. To
obtain this information on-site investigations, exposures and paint microscopy were utilized.
Exposure windows were opened to locate areas of surface decoration. Where as the paint
analysis allowed us to find the history of the different decorative campaigns chronologically
as seen through the sequential paint layering.
Some archival evidence existed and aided in locating the different decorative elements,
but no one had any idea of the degree of richness of what was found. The original interior
decoration of the legislative chamber is much in keeping stylistically with the beaux arts
capitol building itself. The room is embellished with a variety of decorative materials and
architectural elements. Varying colors, stenciling, glazing and gilding were some of the
techniques utilized to accentuate these elements.
Once the study had been completed EverGreene was then asked to paint a sample area,
replicating the original decorative scheme. When seen, all realized the uniqueness and
importance of restoring the entire space.
Together with J.F. McGivern, a crew of 12 artisans from EverGreene worked to recreate
the scheme as it had originally existed. Also, EverGreene with collaboration of art
conservator, Jonathon Sherman, conserved the ceiling murals. Some of the unique
decorative finishes included the trompe l'oeil marbleized panels in the cove and the name
panels of pioneer Kansans on the walls. The column shafts are scagliola, a traditional
technique of manipulating pigmented plaster to produce an irregular colored surface.
Together all these elements help to provide a harmonious environment. The restoration of
the chamber has greatly assisted in enhancing the beauty and stature of the Kansas State
Capitol, which is one of the finest of a select few in all the United States.
Once again, on behalf of EverGreene Painting Studios, I would like to thank everyone
for allowing us to participate in the restoration of the legislative chamber.
Tim Rues, Curator of Constitution Hall in Lecompton, presented historical background,
followed by a presentation in the person of John Brown by Marvin Stottlemire, Professional
Public Speaker and Educator. Mr. Rues then appeared as J.H. (Jim) Lane. John Brown and
J.H. Lane are among the ten names which are inscribed on the walls of Representative Hall,
each of whom was in some way identified with the free-state movement that sought to keep
slavery out of Kansas.
Remarks by Speaker Jennison:
Governor, President Bond, members of the Senate and House, and guests. We are here
today to dedicate this renovated Representative Hall, more affectionately referred to as the
House Chamber. In so doing, it is important that we acknowledge our past and pay tribute
to the contribution that others have made to this great state. As we look around this newly
restored Representative Hall, we cannot help but get a sense of the pride our predecessors
must have had in their new state as they began to form the government that would serve
it. This is an historic Kansas Day because of the date, the last Kansas Day of the century.
This is a special Kansas Day because of our guests. We are honored today to have 10 former
speakers with us representing legislative sessions dating back to 1961. Together, they
represent 38 years of legislative history. To commemorate this day we have had pictures
taken of the four murals on the ceiling and would like to present them to the past speakers
in honor of the legislators they served with that never had the opportunity to see the original
beauty of this chamber. To present the pictures we have asked the member that represents
the same area as the Speaker to make the presentation.
The former Speakers in attendance and the representatives who presented them with
pictures were:
William Mitchell - 1961-1962 - Rep. Jan Pauls
Charles Arthur - 1963-1964 - Rep. Jeff Peterson
John Conard - 1967-1968 - Rep. Dennis McKinney
Pete McGill - 1973-1976 - Rep. Judy Showalter
Wendell Lady - 1979-1982 - Rep. Phil Kline
Mike Hayden - 1983-1986 - Rep. John Faber
James Braden - 1987-1990 - Rep. Kathe Lloyd
Marvin Barkis - 1991-1992 - Rep. Gene Vickrey
Robert Miller - 1993-1994 - Rep. Bill McCreary
Tim Shallenburger - 1995-1998 - Rep. Doug Gatewood
Speaker Jennison then presented Senate President Dick Bond with one of the pictures
followed by remarks by Senator Bond:
We stand on the brink of a new century with a renewed commitment to the
significance...the history...the beauty...of our State Capitol Building.
The magnificence of this House Chamber represents our rededication to move forward
with continued restoration of the Kansas Statehouse.
We give concerted effort to passing legislation each year in this building, but none of our
efforts may be more important than the preservation of this historic and beautiful symbol
of our statehood, well past our presence here.
Let us pledge to continue this work for our own benefit, but more importantly, for our
children and our grandchildren.
Remarks by Minority Leader Garner:
We enjoy a profound sense of history in our House today. The memories of the past
Speakers with us today should remind us of the importance of the work we do in this
chamber.
Majority Leader Glasscock and myself, on behalf of the entire membership of the House
of Representatives, welcome you, Governor Graves, to the people's House on this Kansas
Day.
It is a pleasure and an honor that you have joined us today to share in this special ceremony
rededicating our restored chamber.
In recognition of your support of this project, the members of the House wish to present
you with a reproduction of the murals on the House ceiling.
Again, we thank you for sharing in this memorable occasion.
Rep. Garner then presented Governor Bill Graves with a picture followed by a few
remarks by the Governor.
The Topeka High School Madrigals sang ``Elijah Rock'' and ``America the Beautiful.''
Remarks by Majority Leader Glasscock:
We have one more presentation to make. We are presenting a plaque to this great Hall.
It lists the names of all of the members of the House of Representatives when legislation
passed to restore this great chamber. This plaque will hang outside the chamber.
On this occasion, I would like to quote William Hazlitt. He said, ``No man is truly great
who is great only in his lifetime. The test of greatness is the page of history.'' As we conclude
today's celebration, let us continue to revere the names on these walls. They are names of
greatness; it is their page of history. Let us also commit together to turn the page of history
and write a new chapter of greatness.
Now, honored Guests, former House Speakers, President Bond, our Senate colleagues,
Congressman Ryun, and Governor Graves, thank you for joining us today to rededicate this
great chamber.
REPORT ON ENGROSSED BILLS HB 2005, 2015 reported correctly engrossed January 28, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, February
1, 1999.