The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 92 members present.
Reps. Adkins, Ballard, Bethell, Edmonds, Empson, Faber, Farmer, Feuerborn,
Gatewood, Geringer, Gilbert, Helgerson, Phil Kline, Phill Kline, Krehbiel, Larkin, Mayans,
Minor, O'Connor, O'Neal, Pauls, Pottorff, Powell, Powers, Rehorn, Reinhardt, Shriver,
Shultz, Stone, Swenson, Vining, Wagle and Wells were excused on excused absence by the
Speaker.
Prayer by Rep. Johnson:
Great and glorious Lord God, supreme architect of heaven and earth,
you have promised that when two or three or more are gathered together in
your name, you will be in the midst of them and bless them. Bless us as we
gather together here to do the important work of the state of Kansas.
May the still small voice of your spirit whisper in our ears words of
wisdom, may your fatherly hand be ever about us, and, O God, direct our
feet in paths of truth, love, wisdom and peace.
All this we ask in the name of the Father, the Son, and the Holy Spirit.
Amen.
The Pledge of Allegiance was led by Rep. Humerickhouse.
INTRODUCTION OF GUESTS
Rep. Glasscock introduced Martine Gramatica, soccer-style field goal kicker on the
Kansas State University football team. During his time at Kansas State, Martine scored 349
points, set the single season record with 22 field goals, and never missed an extra point
during the 1998 season. He kicked the longest field goal without a tee in NCAA history at
65 yards. In 1997, he won the Lou Groza Collegiate Place-Kicker Award given to the nation's
outstanding place-kicker and was a finalist again in 1998. Martine addressed a few remarks
to the members of the House.
Rep. Glasscock also recognized Martine's family from Florida, his parents, Bill and Laura,
and brothers, Bill and Santiago.
PRESENTATION OF PETITIONS
The following petitions were presented and filed:
HP 2006, by Rep. McKinney, a petition supporting HB 2242, relating to income tax
credit for teaching aids and certain education expenses, signed by Robert Tatro and 149
others of Kingman County.
HP 2007, by Rep. McKinney, a petition opposing SB 8, relating to special education
services for exceptional children attending private schools, signed by Mary Vanlandingham
and 152 others from Kingman County.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Taxation: HCR 5036.
Transportation: HR 6014.
MESSAGE FROM THE SENATE
Announcing passage of SB 157, 226.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 157, 226.
CONSENT CALENDAR
No objection was made to SB 128, 267; SCR 1609 appearing on the Consent Calendar
for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Speaker pro tem Mays announced that order of business Final Action on Bills and
Concurrent Resolutions would be passed over until Monday
REPORTS OF STANDING COMMITTEES
The Committee on Environment recommends SB 296, as amended by Senate
Commmittee, be passed.
The Committee on Environment recommends SCR 1611, as amended by Senate
Committee, be adopted.
The Committee on Environment recommends SB 246 be amended on page 2, after
line 9, by inserting:
``(h) ``Hazardous waste transfer facility'' means any hazardous waste transportation-
related facility, other than the location of generation or of final treatment or disposal, that,
during the course of transportation, serves as an area for the accumulation, consolidation,
distribution or transfer of hazardous waste shipments, including loading docks, parking areas,
rail spurs and other similar areas where shipments of hazardous waste are held during the
normal course of transportation. ``Hazardous waste transfer facility'' does not include
hazardous waste disposal facilities or permitted household hazardous waste facilities.'';
By relettering subsections (h) through (y) as subsections (i) through (z);
On page 4, by striking line 10 and inserting:
``Sec. 2. K.S.A. 1998 Supp. 65-3441 is hereby amended to read as follows: 65-3441. (a)
It shall be unlawful for any person to:
(1) Dump or deposit, or permit the dumping or depositing of any hazardous waste
regulated by this act into any facility which does not comply with the provisions of this act
or rules or regulations, standards or orders of the secretary, but this provision shall not
prohibit: (A) The use of hazardous wastes in normal farming operations or in the processing
or manufacturing of other products in a manner that will not adversely affect the public
health or environment, or (B) a generator who periodically produces a quantity of hazardous
waste less than the quantity regulated under subsection (k) of K.S.A. 65-3431, and
amendments thereto, from disposing such quantity of hazardous waste into a facility
approved by the department which has a permit issued under K.S.A. 65-3407, and
amendments thereto.
(2) Construct, modify or operate a hazardous waste storage, treatment or disposal facility
without a permit or other required written approval from the secretary or to be in violation
of the rules and regulations, standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to the rules and
regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination or copying of
records related to the purposes of this act by an agent or employee of the secretary after
such agent or employee identifies and gives notice of their purpose at any time.
(6) Knowingly make any false material statement or representation in any application,
label, manifest, record, report, permit or other document filed, maintained or used for
purposes of compliance with this act.
(7) Knowingly destroy, alter or conceal any record required to be maintained under
rules and regulations promulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized to operate under the
federal hazardous waste program or under a state hazardous waste program which has
received approval to operate in lieu of the federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorized to operate under the
federal hazardous waste program or under a state hazardous waste program which has
received approval to operate in lieu of the federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any other fuel intended for
use by residential consumers or sell such blended fuel to a residential consumer.
(11) Transport and dispose of, or cause the transportation and disposition of, hazardous
waste in a manner contrary to the rules and regulations, standards or orders of the secretary.
It shall not constitute a defense to the generator that the generator acted through an
independent contractor in the transportation or disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous waste is transferred from one or more containers to one or more different containers. The provisions of this subsection shall not apply to overpacking of hazardous waste containers when the overpack containers are marked with labels that contain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to (10), inclusive, of
subsection (a) shall be guilty of a class A nonperson misdemeanor and, upon conviction
thereof, shall be punished as provided by law. Any person who violates any provision of
paragraph (11) or (12) of subsection (a) shall be guilty of a severity level 10, nonperson
felony and, upon conviction thereof, shall be punished as provided by law.
(c) Any person who knowingly violates any provisions of paragraphs (1) to (11)(12),
inclusive, of subsection (a) shall be guilty of a severity level 6, nonperson felony and, in the
case of a continuing violation, every day such violation continues shall be deemed a separate
violation, and, upon conviction thereof, shall be punished as provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1) to (11)(12),
inclusive, of subsection (a) shall be legally responsible to the same extent as if such acts
were in the individual's own name or on the individual's own behalf.
(e) The county or district attorney of every county shall file appropriate actions for
enforcement of this section upon request of the secretary or upon the county or district
attorney's own motion after consultation with the secretary.
(f) No person shall be held responsible for failure to secure a permit under the
provisions of this section for the dumping or depositing of any hazardous waste on land
owned or leased by such person without their expressed or implied consent, permission or
knowledge.
Sec. 3. K.S.A. 65-3430 and K.S.A. 1998 Supp. 65-3441 are hereby repealed.'';
By renumbering section 3 as section 4;
In the title, in line 9, by striking ``solid'' and inserting ``hazardous''; also in line 9, before
``and'' by inserting ``and K.S.A. 1998 Supp. 65-3441''; in line 10, by striking ``section'' and
inserting ``sections''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 22, 71 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 Insurance recommends SB 74, 75 as amended by Senate
Committee, be passed and, because the committee is of the opinion that the bills are of a
noncontroversial nature, be placed on the consent calendar.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 155, by Representative Ballard, congratulating Vernon and Laura Correll
on 50 years of marriage;
Request No. 156, by Representative Weber, honoring Clarence Thompson as Director
with 20 years of service to the Dickinson County Council on Alcohol and Other Drugs;
Request No. 157, by Representative Sloan, congratulating Haskell Indian Nations
University's Women's Basketball Team and Coach for winning the National Junior College
Athletic Association Region VI title;
Request No. 158, by Representative Schwartz, congratulating Dick and Charlotte Childs,
named Master Farmer and Farm Homemaker;
Request No. 159, by Representative Hermes, congratulating Bob Holmes on achieving
Eagle Scout;
Request No. 160, by Representative Hermes, congratulating Shana Gentry, selected
1999 Queen of Sports for Rossville High School;
Request No. 161, by Representative Hermes, congratulating Matt Holthaus, selected
1999 King of Sports for Rossville High School;
Request No. 162, by Representative Hermes, congratulating Hillary Martin, selected
1999 Queen of Courts for St. Marys High School;
Request No. 163, by Representative Hermes, congratulating William Rice, selected 1999
King of Courts for St. Marys High School;
Request No. 164, by Representative Hermes, congratulating Elmer Hermes on his
birthday;
Request No. 165, by Representative Hermes, congratulating Glen Gilpin on his 76th
birthday;
Request No. 166, by Representative Compton, congratulating the 1999 Fredonia Girls'
Basketball Team, Sub-State Runner-Up, for sportsmanship and dedication to teamwork;
Request No. 167, by Representative Compton, congratulating the 1999 Yates Center
Boys' Basketball Team, Sub-State Runner-Up, for sportsmanship and dedication to
teamwork;
Request No. 168, by Representative McKinney, congratulating Maurice Chandler on
his inauguration as the 13th President of Barclay College;
Request No. 169, by Representatives Flora, Hermes, Hutchins, Jenkins, Kirk, Kuether,
Mays, Nichols and Toelkes, commending all those students finishing in the top 5% of their
graduating classes of 1999;
Request No. 170, by Representative Aurand, congratulating Ethel Modlin on her 90th
birthday;
Request No. 171, by Representative Johnson, congratulating Emily Humphrey for
winning third place in the Rush County Spelling Bee;
Request No. 172, by Representative Johnson, congratulating Nolan Rothe for winning
second place in the Rush County Spelling Bee;
Request No. 173, by Representative Johnson, congratulating Matt Miller for winning
first place in the Rush County Spelling Bee;
Request No. 174, by Representatives Toplikar, O'Connor, Campbell, Ballou, Cox and
Gilmore, commending Captain William Hoggatt for 33 years of dedicated service to the
Olathe Fire Department;
Request No. 175, by Representative Shultz, congratulating Caryl Weinberg on
retirement and in commendation for many years of service to the citizens of Kansas;
Request No. 176, by Representative J. Peterson, commending Benjamin Proctor on
achieving Eagle Scout;
Request No. 177, by Representative Henderson, congratulating Rev. Stacy E. Hopkins
on his retirement after 28 years of dedicated service to the Baptist Church ministry;
Request No. 178, by Representative Empson, congratulating Tim Miller on achieving
Eagle Scout;
Request No. 179, by Representative McKinney, congratulating Cecilia Hart for receiving
the Kansas Outstanding Older Worker Award;
Request No. 180, by Representative Phelps, commending Curt Vajnar, 1998 Master
Teacher of the Year for USD #489;
Request No. 181, by Representative Loyd, congratulating Ryan Zabka, Garden City, for
winning second place, 103 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 182, by Representative Loyd, congratulating Ryan Aguilera, Garden City,
for winning third place, 112 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 183, by Representative Loyd, congratulating Jason Nichols, Garden City,
for winning fifth place, 119 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 184, by Representative Loyd, congratulating Jorge Leon, Garden City, for
winning second place, 125 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 185, by Representative Loyd, congratulating Cerrone Herrera, Garden
City, for winning third place, 135 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 186, by Representative Loyd, congratulating Donnie Johnson, Garden City,
for winning sixth place, 152 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 187, by Representative Loyd, congratulating Jordan Nichols, Garden City,
for winning first place, 160 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 188, by Representative Loyd, congratulating Duke Oursler, Garden City,
for winning fifth place, 171 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 189, by Representative Loyd, congratulating Brandon Owston, Garden
City, for winning sixth place, 189 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 190, by Representative Loyd, congratulating Kregg Schmidt, Garden City,
for winning fourth place, 275 pounds, 1999 Kansas 6A State Wrestling Championship;
Request No. 191, by Representative Loyd, congratulating Garden City High School
Wrestling Team and Coaches for winning the 1999 Kansas 6A State Wrestling
Championship;
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.
REPORT ON ENGROSSED BILLS HB 2543 reported correctly engrossed March 11, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, March 15,
1999.