The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 116 members present.
Rep. Phil Kline was excused on verified illness.
Reps. Ballou, Pottorff and Schwartz were excused on legislative business.
Reps. Carmody, Gilmore, Henderson, O'Neal and Rehorn were excused on excused
absence by the Speaker.
Present later: O'Neal and Rehorn.
Prayer by guest chaplain, the Rev. Patrick Clarey, pastor, Clearwater Evangelical Free
Church, Clearwater, and guest of Rep. Thimesch:
Our Heavenly Father,
We joyfully acknowledge our dependency upon you-for life, wisdom,
guidance, and our daily bread.
We freely admit You are in control, not us.
You hold the whole world in your hands-including Kansas, this
Legislating Body, the wind and the rain, the tiny little baby, and our futures.
We desire You to be honored this day in our lives, our thoughts, attitudes,
words, and actions-including what is said and done in this Capitol building.
As we wrestle with issues that affect other's lives, security, and
prosperity, may we find in You alone our ultimate treasure, greatest delight,
highest joy, and supreme security.
May we know Your presence, hear Your voice, and sense Your pleasure.
Thank You for the gifts of life, liberty, and the pursuit of happiness. Help
us see true happiness is only found in knowing You through Your Son, Jesus
Christ, our Lord.
For we pray in His name, for His glory. Amen.
The Pledge of Allegiance was led by Rep. Beggs.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following concurrent resolution was introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5034--
By Committee on Health and Human Services
A CONCURRENT RESOLUTION encouraging health care providers
to test pregnant women for HIV.
WHEREAS, The phenomenon in today's society of HIV (human immunodeficiency
virus) infection and the lethality of AIDS (acquired immune deficiency syndrome) is well
known; and
WHEREAS, Much money and research have been devoted to providing a cure for these
conditions and to lessen the effects thereof on the human body; and
WHEREAS, The Kansas legislature recognizes that there exists new medications which
fight this disease and in particular, with proper prenatal treatment, lessen the possibility of
a pregnant women passing on her HIV condition to her newborn child: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Kansas Legislature encourages health care providers,
particularly those specializing in prenatal care, to provide information to their patients
regarding HIV and AIDS and to encourage pregnant women to undergo testing for HIV
infection; and
Be it further resolved: That the Secretary of State be directed to provide a copy of this
resolution to the Secretary of the Kansas Department of Health and Environment and to
the Presidents of the Kansas Medical Society and the Kansas Osteopathy Society.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Federal and State Affairs: HCR 5032.
Judiciary: HB 2542.
Utilities: HCR 5033.
MESSAGE FROM THE SENATE
Announcing passage of SB 4, 6, 119, 131, 156, 316, 319.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 4, 6, 119, 131, 156, 316, 319.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS 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, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 0; Present but not voting: 0; Absent or not
voting: 9.
Absent or not voting: Ballou, Carmody, Gilmore, Henderson, Phil Kline, O'Neal, Pottorff,
Rehorn, Schwartz.
The bill passed, as amended.
HB 2337, An act concerning the district coroner; relating to the disposition of the bodies
of deceased persons; amending K.S.A. 1998 Supp. 22a-215 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 113; Nays 3; Present but not voting: 0; Absent or not
voting: 9.
Absent or not voting: Ballou, Carmody, Gilmore, Henderson, Hermes, Phil Kline,
Pottorff, Rehorn, Schwartz.
The bill passed, as amended.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Kirk in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Kirk, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HCR 5017 be adopted; and the resolution be
adopted as amended.
Committee report recommending a substitute bill to Sub. HB 2013 be adopted; also, on
motion of Rep. Powers to amend, the motion did not prevail and the substitute bill be
passed.
On motion of Rep. Weber to amend HB 2031, Rep. P. Long requested a ruling on the
amendment being germane to the bill. The Rules Vice Chair ruled the amendment germane.
The question then reverted back to the amendment of Rep. Weber, which did not prevail.
Also, on motion of Rep. Hutchins to rerefer HB 2031 to Committee on Federal and
State Affairs, the motion did not prevail, and the bill be passed.
On motion of Rep. O'Connor to amend SCR 1602, Rep. O'Neal requested a ruling on
the amendment being germane to the resolution. The Rules Vice Chair ruled the
amendment not germane. Rep. Helgerson challenged the ruling, the question being ``Shall
the Rules Chair be sustained?'' The Rules Vice Chair was sustained.
Also, on motion of Rep. Faber to amend SCR 1602, Rep. Dahl requested a ruling on
the amendment being germane to the resolution. The Rules Vice Chair ruled the
amendment germane. The question then reverted back to the motion of Rep. Faber and
the resolution be amended on page 1, after line 21, by inserting:
``WHEREAS, The justice department and the packers and stockyards division of the
United States department of agriculture has ignored the concentration of markets in the
livestock and grain industry; and
WHEREAS, The beef industry is controlled by four packers that slaughter over 80
percent of the beef in the United States; and
WHEREAS, The pork industry is rapidly becoming concentrated to the same degree;
and
WHEREAS, The lack of competition in the meat packing industry has resulted in
historically low beef and pork prices for producers and historically high prices for consumer;
and
WHEREAS, The merger of Cargill and Continental Grain would give one company
control of over 40 percent of the world export market; and'';
Also on page 1, after line 29, by inserting:
``Be it further resolved: That the justice department and the packers and stockyard
division of the United States department of agriculture investigate the absence of
competition in the livestock and grain industry; and
Be it further resolved: That the justice department seriously scrutinize the Cargill and
Continental Grain Merger; and'';
Also on page 1, in line 36, after ``Agriculture'' by inserting ``, the Attorney General of the
United States'';
Also on page 1, in the title, on line 15, after ``program'' by inserting ``and demanding that
the justice department and the packers and stockyard division of the United States
department of agriculture investigate the absence of competition in the livestock and grain
industry and the justice department seriously scrutinize the Cargill and Continental Grain
Merger''; and SCR 1602 be adopted as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2427 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.
The Committee on Education recommends SB 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 be passed and, because the committee is of the opinion that the bills are of a
noncontroversial nature, be placed on the consent calendar.
The Committee on Taxation recommends HB 2011 be amended on page 2, in line 29,
by striking ``or district'';
On page 6, in line 13, by striking ``or''; also, in line 13, before ``which'' by inserting ``or
K.S.A. 19-3545, and amendments thereto,''; in line 14, before ``operation'' by inserting
``construction activities,''; and the bill be passed as amended.
The Committee on Taxation recommends HB 2037 be amended on page 13, in line
21, by striking ``and''; in line 29, by striking ``interstate commerce commission'' and inserting
``surface transportation board''; in line 39, by striking ``commercial''; in line 40, before the
period by inserting ``, including railroad sidings providing access thereto''; 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 2543, An act relating to income taxation; allowing a credit therefrom for property
tax paid upon the working interest of certain oil leases, by Committee on Taxation.
HB 2544, An act concerning water rights; authorizing the Kansas water office to acquire
certain water rights and authorizing certain loans for that purpose; authorizing the sale of
such water rights and prescribing terms and conditions therefor, by Committee on Taxation.
HB 2545, An act creating an office of advocates within the legislative branch of state
government; providing for the powers, duties and functions thereof; creating a joint
legislative committee for advocates and providing for the powers, duties and functions
thereof; providing for the appointment of a director of advocates and the powers, duties
and functions thereof; creating an advocate for health care and an advocate for foster care--
adoption; amending K.S.A. 39-1406, 74-7403, 74-7404, 74-7405a, 74-7406 and 74-7407 and
K.S.A. 1998 Supp. 45-221, 65-3027, 75-5908, 75-5914, 75-7302, 75-7303, 75-7304, 75-7305,
75-7306, 75-7307, 75-7308, 75-7309, 75-7310, 75-7311, 75-7312, 75-7313 and 75-7314 and
repealing the existing sections; also repealing K.S.A. 74-7402 and K.S.A. 1998 Supp. 75-
7301, by Committee on Appropriations.
HB 2546, An act concerning retirement; relating to the Kansas police and firemen's
retirement system; affiliation; membership; employee and employer contributions, by
Committee on Federal and State Affairs.
HB 2547, An act establishing the state official gifts commission; relating to certain gifts
received by statewide elected officers; prescribing certain guidelines and authorizing certain
dispositions; amending K.S.A. 1998 Supp. 46-237 and repealing the existing section, by
Committee on Appropriations.
HB 2548, An act concerning transfer of the property of the former Winfield state hospital
and training center to the department of corrections and the Kansas commission on veterans
affairs; amending K.S.A. 76-12a01 and repealing the existing section, by Committee on
Appropriations.
HB 2549, An act amending and supplementing the Kansas estate tax act; amending K.S.A.
1998 Supp. 79-15,100, 79-15,102, 79-15,103, 79-15,107, 79-15,109 and 79-15,113 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 79-15,104 and 79-15,110,
by Committee on Taxation.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6012--
By Committee on Federal and State Affairs
A RESOLUTION requesting the state board of education to develop or select a
standardized assessment program for determination of student proficiency in reading
and mathematics skills.
WHEREAS, The state of Kansas, schools and educators have expended great effort in
identifying essential skills in reading and mathematics that all students should know and be
able to apply; and
WHEREAS, Identification of essential skills in reading and mathematics is intended to
communicate to educators, students and parents what is expected of students at each grade
level so that action, including the provision of additional assistance in reading and
mathematics, may be taken to achieve these expectations; and
WHEREAS, In order to ascertain how well students are progressing toward attainment
of the identified skills in reading and mathematics, it is necessary that students be assessed
to determine their proficiency: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That, in
recognition of the facts contained in the preamble of this resolution, the state board of
education is hereby requested to develop or select a standardized assessment program
matched to the essential skills in reading and mathematics that have been identified for
student accomplishment in order to insure that students, before advancing in grade, have
attained the proficiency in such skills that is necessary to succeed upon encountering more
advanced concepts and content areas at future grade levels. Further, the state board of
education should establish criteria for mandatory summer tutoring as an alternative to grade
retention; and
Be it further resolved: That the state board of education is urged to develop criteria
for inclusion of pupils with disabilities and limited English proficient pupils in the assessment
program and to provide for the modifications to the administration process and the
assessment instruments that will make it possible for such pupils to participate in the
program; and
Be it further resolved: That the state board of education is requested to identify and
recommend a revenue source to appropriately fund expenses anticipated to be incurred by
schools in implementing and maintaining the assessment program and the summer tutoring
programs; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to the State Board of Education and to the
Commissioner of Education, 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2322 from Committee on
Calendar and Printing and rereferral to Committee on Utilities.
REPORT ON ENGROSSED BILLS HB 2099, 2337 reported correctly engrossed March 3, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Friday, March 5,
1999.