February 1, 1999

Journal of the House

FIFTEENTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Monday, February 1, 1999, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with121 members present.

 Rep. Neufeld was excused on legislative business.

 Reps. Geringer, Helgerson and Spangler were excused on excused absence by the
Speaker.

 Prayer by Chaplain Svoboda:

      Holy and Living God,

       You have brought us in safety

        to this new day.
       Be with us as we continue that work

        which has been given for us to do.
       Show us your will for this state,

        and for our lives.
       And bless us with your holy spirit

        today and always.
      We ask these things in Jesus' name.

      Amen.


The Pledge of Allegiance was led by Rep. McKechnie.

INTRODUCTION OF GUESTS
 Rep. Mason introduced J.D. Snyder, coach of the El Dorado Broncos, winners of the
1998 National Baseball Congress. Mr. Snyder addressed a few remarks to the members of
the House.

 Rep. Mason introduced James Shibest, coach of the Butler County Community College
Football Team, winners of the National Junior College Football Championship, and also
recognized the other coaches. Mr. Shibest addressed a few remarks to the members of the
House. Rep. Mason also recognized the members of the team in the east gallery.

 Rep. Palmer presented the two coaches with certificates.

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

   HB 2195, An act authorizing withdrawal of certain school districts from interlocal
cooperation agreements for the provisions of special education services; amending K.S.A.
1998 Supp. 72-8230 and repealing the existing section, by Committee on Education.

 HB 2196, An act concerning driver's licenses and driving privileges of pupils; requiring
suspension or revocation thereof upon expulsion or extended-term suspension from school
forcertain reasons, by Committee on Education.

 HB 2197, An act relating to consumer protection; concerning negative option invitation
or announcement; amending K.S.A. 50-617 and repealing the existing section, by
Representatives Ray, Adkins, Beggs, Campbell, Carmody, Cox, Faber, Freeborn, Glasscock,
Huff, Jennison, Phil Kline, Phill Kline, Lane, Lightner, Loyd, McCreary, Myers, Powell,
Shultz, Stone and Wilk.

 HB 2198, An act concerning insurance; minimum notice requirements for cancellation
of insurance agents' contracts by insurance company; rehabilitation and cancellation of
agents' contracts by insurance companies; amending K.S.A. 40-2,106 and 40-2,107 and
repealing the existing sections, by Committee on Insurance.

 HB 2199, An act relating to sales taxation; concerning refunds of tax paid upon certain
sales of motor vehicles, by Representatives Myers and Lightner and Aday, Alldritt, Benlon,
Bethell, Boston, Campbell, Compton, Dahl, Faber, Farmer, Flower, Gilmore, Gregory,
Hayzlett, Holmes, Howell, Huff, Jenkins, Phil Kline, Krehbiel, Landwehr, Light, P. Long,
Loyd, Mason, McCreary, Mollenkamp, Morrison, Palmer, J. Peterson, Powell, Ray, Shultz,
Sloan, Stone, Vickrey, Vining and Weber.

 HB 2200, An act concerning employment security; relating to payment of benefits;
amending K.S.A. 1998 Supp. 44-704 and repealing the existing section, by Representative
Gregory.

 HB 2201, An act concerning juveniles and juvenile offenders; relating to offenses
committed at school; amending K.S.A. 22-2802 and K.S.A. 1998 Supp. 22-2901, 38-1624,
38-1632, 38-1640 and 72-89b03 and repealing the existing sections, by Committee on
Education.

 HB 2202, An act concerning the weapon-free schools act; revising the definition of
weapon; amending K.S.A. 1998 Supp. 72-89a01 and repealing the existing section, by
Committee on Education.

 HB 2203, An act concerning cities and counties; relating to planning and zoning, by
Committee on Local Government.

 HB 2204, An act concerning land surveyors; relating to qualifications for licensure;
amending K.S.A. 74-7022 and repealing the existing section, by Committee on
Governmental Organization and Elections.

 HB 2205, An act concerning land surveys; relating to qualifications and duties of
surveyors; amending K.S.A. 58-2003, 58-2005 and 58-2011 and repealing the existing
sections, by Committee on Governmental Organization and Elections.

      HOUSE CONCURRENT RESOLUTION No.5016--

    By Committee on Education


A  CONCURRENT RESOLUTION directing the State Board of Education to undertake
      a study of school district organization and to design a comprehensive plan for attainment
      of the optimal school district configuration.

                WHEREAS,  The basic pattern for organization of school districts in Kansas was
established before admission of the territory into the Union in 1861; by 1896, a total of
9,284 districts were being operated; and

      WHEREAS,  A major step in the reorganization of school districts was taken by the
Legislature in 1945 by enactment of legislation requiring all elementary districts to
reorganize; the act was declared unconstitutional in 1947; and

      WHEREAS,  In 1957, the Legislature authorized a comprehensive educational survey of
the state which resulted in enactment of legislation providing for statewide unification of
school districts; the act was declared unconstitutional in 1962; and

      WHEREAS,  In 1963, the Legislature enacted legislation for the general improvement
of the public schools in the state and to expedite the organization of public school districts
of the state so as to establish a thorough and uniform system of free public schools
throughout the state; the act was declared constitutional in 1965; and

      WHEREAS,  Kansas society and the educational needs of Kansas children have changed
significantly since unification of school districts was completed in 1969; and

      WHEREAS,  The Kansas Constitution authorizes the State Board of Education to
perform such duties pertaining to the educational interests of the state as may be imposed
by the Legislature: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature, in acknowledgment of the fact that it has plenary power
over the establishment, alteration, disorganization, and reorganization of school districts,
and in recognition that any part of that power may be delegated to the State Board of
Education, hereby directs the State Board to undertake a comprehensive study of the
organization of school districts in this state to determine if the public school system could
be more efficiently and effectively operated under a different configuration; and

      Be it further resolved: That in making the study of school district organization, the State
Board of Education should: (a) Review grade level and school district enrollment and
projected enrollment, pupil transportation requirements including the distances pupils must
travel to attend the schools of a district and the proximity of schools in adjoining districts
with respect to pupils having lengthy bus commutes, the capacity and condition of existing
school facilities in each district, communities of interest in matters such as commerce and
tradition, property tax bases of districts, and other matters deemed appropriate to the study;
(b) determine and document the existence of problems with respect to matters reviewed
and provide suggestions for solution or alleviation of such problems; (c) envision a
configuration of school districts that would serve the needs of Kansas children, Kansas
taxpayers, and Kansas society in the most efficient and effective manner attainable and
design a comprehensive plan for attainment of such optimal configuration; (d) formulate
recommendations for actualization of the comprehensive plan for attainment of the optimal
school district configuration and for legislation deemed necessary for actualization of the
plan; and (e) present findings of the study, the comprehensive plan for attainment of the
optimal school district configuration, and recommendations with respect to actualization of
the plan to the Chairperson of the Committee on Education of the House of Representatives
and the Chairperson of the Committee on Education of the Senate on or before January
15, 2001; and

      Be it further resolved: That the State Board of Education is hereby authorized to
establish advisory committees and secure consultant services for assistance in performing
the duties imposed in the foregoing resolving clause; and

      Be it further resolved: That the Secretary of State is hereby directed to transmit enrolled
copies of this resolution to the State Board of Education and to the Commissioner of
Education at 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.

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

   Agriculture: SCR 1602, 1605.

 Appropriations: SB 25, 56.

 Education: SB 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37.

 Health and Human Services: HCR 5013, 5014, 5015.

 Judiciary: HB 2194.

 Tourism: HB 2193.

 Transportation: SB 51.

COMMUNICATIONS FROM STATE OFFICERS
 From Judge Frank J. Yeoman, Jr., Chair, Kansas Guardianship Program, pursuant to
K.S.A. 74-9601 et seq., as amended, 1998 Annual Report.

 From John Wine, Chair, Kansas Corporation Commission, pursuant to K.S.A. 66-117b,
Report to the 1999 Kansas Legislature.

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

CONSENT CALENDAR
 No objection was made to HB 2001 appearing on the Consent Calendar for the second
day.

 No objection was made to HB 2062 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2062, An act concerning vocational education; revising and updating citation of the
federal act; amending K.S.A. 72-4408 and 72-4413 and K.S.A. 1998 Supp. 72-4412 and
repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: 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, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Nichols, 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, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Geringer, Helgerson, Neufeld, Spangler.

 The bill passed.

 HB 2005, An act relating to accident and health insurance; concerning mandated
coverages; requirements, was considered on final action.

 On roll call, the vote was: Yeas 107; Nays 14; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Empson, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Gatewood, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson,
Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, Loyd, Mason, Mays, McClure,
McCreary, McKechnie, Minor, Myers, Nichols, O'Brien, O'Neal, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wells, Welshimer,
Wilk.

 Nays: Dean, Edmonds, Faber, Garner, P. Long, Mayans, McKinney, Mollenkamp,
Morrison, O'Connor, Osborne, Pottorff, Sloan, Weiland.

 Present but not voting: None.

 Absent or not voting: Geringer, Helgerson, Neufeld, Spangler.

 The bill passed, as amended.

 HB 2015, An act concerning civil procedure; relating to service of process upon insurance
companies and fraternal benefit societies; amending K.S.A. 40-218 and repealing the existing
section, was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: 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, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Nichols, 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, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk. Nays: None. Present but not voting: None.

 Absent or not voting: Geringer, Helgerson, Neufeld, Spangler.

 The bill passed, as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Education recommends HB 2060 be passed.

 The Committee on Insurance recommends HB 2088 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

   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 2206, An act concerning judges; relating to administrative judges; amending K.S.A.
19-204a, 19-15,123, 19-4705, 19-4737, 19-4809, 19-4810, 19-4811, 20-158, 20-163, 20-310a,
20-311d, 20-319, 20-329, 20-335, 20-343, 20-345, 20-347, 20-349, 20-357, 20-365, 20-438,
20-3013, 22-2804, 22-2807, 22-3101, 22-3708, 22-4009, 23-494, 23-499, 23-4,118, 23-701,
38-555, 38-1812, 39-1702, 59-2402, 59-2402a, 59-2402b, 59-2402d, 59-2408, 60-465a, 60-
2601a, 60-3502, 60-3503, 60-3505, 61-1720, 61-1724, 61-2103, 61-2709, 65-205, 65-4901,
65-4902, 65-4904, 74-2434, 75-3120g, 75-5297, 75-52,110, 79-1494 and 79-2804 and K.S.A.
1998 Supp. 8-1008, 12-4509, 20-159, 20-302b, 20-350, 21-4502, 22-3609, 22-3609a, 23-496,
23-497, 23-498, 38-1808, 44-555c and 72-8906 and repealing the existing sections, by
Committee on Judiciary.

 HB 2207, An act concerning juvenile justice and the juvenile justice authority; amending
K.S.A. 21-3520, 76-172 and 79-4803 and K.S.A. 1998 Supp. 21-3413, 21-3810, 38-1602, 38-
1604, 38-1664, 38-1681 and 38-16,129 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 38-1602a, by Committee on Judiciary.

 HB 2208, An act concerning crimes and criminal procedure; relating to appeals taken
from judgments of acquittal granted by district courts; amending K.S.A. 22-3602 and
repealing the existing section, by Committee on Judiciary.

 HB 2209, An act concerning wage garnishment; rescinding the restriction on entitlement
to benefits upon assignment of accounts; amending K.S.A. 1998 Supp. 60-2310 and repealing
the existing section, by Committee on Judiciary.

 HB 2210, An act concerning children; amending K.S.A. 1998 Supp. 38-1591 and
repealing the existing section, by Representatives Landwehr and Lightner.

REPORT ON ENROLLED RESOLUTIONS
 HR 6008 reported correctly enrolled and properly signed on February 1, 1999.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, February
2, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.