The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Ruff was excused on verified illness.
Prayer by Chaplain Svoboda:
A moment of silence was observed in memory of W.K. ``Ken'' Marshall
who served in the House of Representatives from 1975 - 1976.
Holy God,
Holy and Mighty,
Holy Immortal One
have mercy on us.
As we look towards the lengthening of our days this week
Give us patience
to continue that work that is set out for us to do,
Give us wisdom
to more fully understand the issues on the table,
And give us gentleness of spirit
that we might not hurt or offend by our words or
actions this week
We ask this for your Mercy's sake.
Amen.
The Pledge of Allegiance was led by Rep. O'Brien.
MESSAGES FROM THE GOVERNOR HB 2117 approved on March 23, 1999.
COMMUNICATIONS FROM STATE OFFICERS
From Thelma Hunter Gordon, Secretary, Kansas Department on Aging, in accordance
with 39-968(k), CARE Program Annual Report, FY 1998.
From Wichita State University, Center for Economic Development and Business
Research, Kansas Economic Report, Spring 1999.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SCR 1617, A concurrent resolution memorializing the Congress of the United States to
authorize the placement in Statuary Hall of a statue of Dwight David Eisenhower in lieu of
George W. Glick and encouraging the Eisenhower Foundation, Inc. to organize and direct
funding for creation of a statue of Dwight David Eisenhower for placement in Statuary Hall
and providing for placement in Statuary Hall of a statue of Amelia Earhart in lieu of Senator
John James Ingalls, was considered on final action.
On roll call, the vote was: Yeas 78; Nays 43; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Hayzlett, Ruff, Sloan.
The resolution was adopted, as amended.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on SCR 1617. President Eisenhower stated that those who ``pick
cotton and heal the sick and plant corn-all serve as proudly, and as profitably, for America
as the statesmen who draft treaties...''
The name of George Washington Glick is largely forgotten, as all of ours will be someday,
yet his work endures and is a tribute to our citizen legislature, where brick layers,
shopkeepers, and farmers gather each winter to build a better Kansas. It is difficult to
imagine the great and humble Dwight Eisenhower approving of a plan to remove another
person's statue to make room for his own.--Clark Shultz, Cindy Hermes, Lynn Jenkins
Mr. Speaker: I vote NO on SCR 1617. It is a sad and embarrassing day for our state
when the Kansas Legislature engages in partisan political efforts that alter the historical
archives of the United State Congressional Statuary Hall, for the purposes of responding to
whim of a U.S. Congressman.
Mr. Speaker, state and national politics have changed. Prior leaders in state and national
politics from Kansas that are now enshrined in various forms to honor their legacies, worked
on issues of substance and interest to our State's citizens. These same leaders surely must
be ashamed of our actions that desecrate the memory of others and history.--Doug
Spangler, Nancy A. Kirk, Bill Reardon, Margaret E. Long, Richard Alldritt
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2214
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as
conferees on the part of the House.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Ballou in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Ballou, Committee of the Whole report, as follows, was adopted:
Recommended that HCR 5033, 5037 be adopted.
Committee report to SB 93 be adopted; and the bill be passed as amended.
Committee report to SB 149 be adopted; also, on motion of Rep. Adkins be amended
on page 9, in line 13, by striking ``(d)'' and inserting ``(e)'';
Also, on motion of Rep. Weber SB 149 be amended on page 11, in line 40, by striking
``2000'' and inserting ``1999'';
On page 12, in line 1, by striking ``2000'' and inserting ``1999'';
On page 16, by striking all in lines 15 through 43;
On page 17, by striking all in lines 1 through 10;
And by renumbering the remaining sections accordingly;
On page 31, in line 19, by striking ``38-16,130,''; in line 20, by striking ``38-16,131,'';
On page 1, in the title, in line 14, by striking ``38-16,130, 38-16,131,''; and SB 149 be
passed as amended.
Committee reports to HB 2066 be adopted; also, on motion of Rep. Boston to amend,
the motion did not prevail, and the bill be passed as amended.
SB 48 be passed over and retain a place on the calendar.
Committee report recommending a substitute bill to H. Sub. for SB 60 be adopted; and
the substitute bill be passed.
Committee report to SB 62 be adopted; also, roll call was demanded on motion of Rep.
Alldritt to amend on page 2, after line 41, by inserting the following:
``Sec. 3. K.S.A. 75-4318 is hereby amended to read as follows: 75-4318. (a) Except as
otherwise provided by state or federal law or by rules of the house or senate, and except
with respect to any impeachment inquiry or other impeachment matter referred to any
committee of the house of representatives prior to the report of such committee to the full
house of representatives, all meetings for the conduct of the affairs of, and the transaction
of business by, all legislative and administrative bodies and agencies of the state and political
and taxing subdivisions thereof, including boards, commissions, authorities, councils,
committees, subcommittees and other subordinate groups thereof, receiving or expending
and supported in whole or in part by public funds shall be open to the public and no binding
action by such bodies shall be by secret ballot, but any administrative body that is authorized
by law to exercise quasi-judicial functions shall not be required to have open meetings when
such body is deliberating matters relating to a decision involving such quasi-judicial
functions.
(b) Notice of the date, time and place of any regular or special meeting of a public body
designated hereinabove shall be furnished to any person requesting such notice, except that:
(1) If notice is requested by petition, the petition shall designate one person to receive
notice on behalf of all persons named in the petition, and notice to such person shall
constitute notice to all persons named in the petition;
(2) if notice is furnished to an executive officer of an employees' organization or trade
association, such notice shall be deemed to have been furnished to the entire membership
of such organization or association; and
(3) the public body may require that a request to receive notice must be submitted
again to the body prior to the commencement of any subsequent fiscal year of the body
during which the person wishes to continue receiving notice, but, prior to discontinuing
notice to any person, the public body must notify the person that notice will be discontinued
unless the person resubmits a request to receive notice.
(c) It shall be the duty of the presiding officer or other person calling the meeting, if
the meeting is not called by the presiding officer, to furnish the notice required by subsection
(b).
(d) Prior to any meeting hereinabove mentioned, any agenda relating to the business to
be transacted at such meeting shall be made available to any person requesting said agenda.
(e) The use of cameras, photographic lights and recording devices shall not be
prohibited at any meeting mentioned by subsection (a), but such use shall be subject to
reasonable rules designed to insure the orderly conduct of the proceedings at such meeting. Electronic audio tape recordings made of open meetings of committees or subcommittees of the house of representatives or the senate at the direction of the chairperson or other member of the committee to aid in the preparation of the minutes of such committee or subcommittee meeting shall constitute a public record of such committee or subcommittee and shall be available for public inspection in accordance with the open records act, except that any such electronic audio recording tape may be erased or reused after seven days have elapsed from the date of the meeting which was recorded so long as no open records request to obtain such public record is pending at the time of erasure or reuse.'';
And by renumbering sections accordingly;
Also on page 2, in line 42, after ``75-4317'' by inserting ``, 75-4318'';
On page 1, in the title, in line 12, after ``concerning'' by inserting ``the open meetings
act;''; in line 13, before ``amending'' by inserting ``tape recordings of certain meetings;''; also
in line 13, after ``75-4317'' by inserting ``, 75-4318'';
On roll call, the vote was: Yeas 91; Nays 27; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Adkins, Hayzlett, Landwehr, Mason, O'Neal, Ruff, Wagle.
The motion of Rep. Alldritt prevailed, and SB 62 be passed as amended.
Committee report to SB 76 be adopted; also, on motion of Rep. Kuether be amended
on page 1, in line 23, after ``designated'' by inserting ``by the state historic preservation
officer'';
Also, on further motion of Rep. Kuether SB 76 be amended on page 1, in line 21, by
striking ``owned and'';
Also, on motion of Rep. Haley to amend SB 76, the motion did not prevail, and the bill
be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Education recommends SB 107 be passed.
The Committee on Health and Human Services recommends HB 2538 be amended
on page 1, in line 16, after ``drug'' by inserting ``, controlled substance, drug intended for
human use by hypodermic injection''; in line 19, after ``drug'' by inserting ``, controlled
substance, drug intended for human use by hypodermic injection''; in line 23, after ``be'' by
inserting ``offered for sale or''; in line 25, before ``Any'' by inserting ``No more than 12
different nonprescription drugs products shall be offered for sale or sold through any one
vending machine.''; in line 26, by striking all after ``located''; in line 27, by striking all before
``offered'' and inserting ``so that the drugs stored in such vending machine are stored in
accordance with drug manufacturer's requirements. Drugs''; in line 28, after the period, by
inserting ``Each vending machine through which nonprescription drugs are offered for sale
or sold shall have an obvious and legible statement on the machine that identifies the owner
of the medicine, a toll-free telephone number at which the consumer may contact the owner
of the machine, a statement advising the consumer to check the expiration date of the
product before using the product and the telephone number of the state board of pharmacy.
As used in this subsection, ``nonprescription drug'' does not include any prescription
medicine, prescription-only drug, controlled substance, drug intended for human use by
hypodermic injection or poison.''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 110, as amended by
Senate Committee, be amended on page 7, in line 14, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 126, as amended by
Senate Committee, be amended on page 1, in line 14, before ``Notwithstanding'' by inserting
``(a)'';in line 30, by striking ``(2)'' and inserting ``(b)''; in line 35, by striking ``(3)'' and inserting
``(c)'';
On page 2, in line 2, by striking ``(4)'' and inserting ``(d)''; after line 8, by inserting the
following:
``(e) All expenditures for the quality enhancement wage pass-through program shall be
made only from moneys specifically appropriated therefor.
(f) As used in this section, ''nursing facility`` means a nursing facility as defined under
K.S.A. 39-923 and amendments thereto or an intermediate care facility for the mentally
retarded as defined under K.S.A. 39-923 and amendments thereto.''; and the bill be passed
as amended.
The Committee on Judiciary recommends SB 81, 143, 220 be passed.
The Committee on Judiciary recommends SB 97, as amended by Senate Committee of
the Whole, be amended on page 1, in line 29, by striking ``president''; by striking all in lines
30 through 32; in line 33, by striking ``to the president or treasurer'' and inserting ``full-time
employee or officer''; in line 36, after ``partnership,'' by inserting ``limited liability company,'';
in line 40, by striking ``by'' and inserting ``to''; also in line 40, after ``and'' by inserting ``except
as provided in K.S.A. 61-2714, and amendments thereto,''; in line 42, by striking all after
the period; by striking all in line 43;
On page 2, by striking all in lines 1 through 3; in line 4, by striking ``attorney.'' and inserting
``A party other than an individual, may appear by a full-time employee or officer.''; after
line 36, by inserting the following:
``Sec. 3. K.S.A. 61-2714 is hereby amended to read as follows: 61-2714. (a)
Notwithstanding any other provision of the small claims procedure act, if any party other than an individual, in small claims litigation: (1) Uses any person in a representative capacity
if such person representing the party is an attorney or was formerly an attorney; or (2) is
an individual who is an attorney representing the attorney's self in a small claims action, all
other parties to such litigation shall be entitled to have an attorney appear on their behalf
in such action.
(b) When appropriate, the court shall advise all parties of this right to hire counsel
pursuant to this section and shall, if requested by any party, grant one reasonable
continuance in such matter to afford a party an opportunity to secure representation of an
attorney.
(c) The filing of a small claims action is a certification by the plaintiff that such plaintiff
is complying with the provisions of the small claims procedures act, specifically with the
provisions of K.S.A. 61-2704, and amendments thereto, relating to the limited number of
claims a person may file in the same court during any calendar year.
(d) Any defendant may raise as a defense to a small claims action that the plaintiff has
filed or caused to be filed more claims than allowed by the small claims act. When such
defense is raised, if the court finds the plaintiff to have filed more claims than allowed by
law, the court shall dismiss the action with prejudice and such a finding shall be considered
a violation of the unconscionable acts and practices section of the Kansas consumer
protection act. The defendant may file a collateral action under the Kansas consumer
protection act.
(e) As used in this section, ''attorney`` means persons licensed to practice law in Kansas
or in any other state whether on active or inactive status, or persons otherwise qualified to
take the Kansas bar examination and acting under the supervisory authority of a licensed
attorney.'';
And by renumbering sections accordingly;
Also on page 2, in line 37, by striking ``and'' and inserting a comma; also in line 37, after
``61-2707'' by inserting ``and 61-2714'';
On page 1, in the title, in line 13, by striking ``and'' where it appears for the first time
and inserting a comma; also in line 13, after ``61-2707'' by inserting ``and 61-2714''; and the
bill be passed as amended.
The Committee on Judiciary recommends SB 150, as amended by Senate Committee,
be amended by substituting a new bill to be designated as ``HOUSE Substitute for SENATE
BILL No. 150,'' as follows:
``HOUSE Substitute for SENATE BILL No. 150
By Committee on Judiciary
``AN ACT concerning children; relating to joint shared child custody and parenting time;
concerning grandparents; amending K.S.A. 20-164, 21-3422, 21-3422a, 23-601, 23-602,
23-701, 38-1302, 38-1309, 38-1310, 38-1533, 38-1597, 60-1612, 60-1614, 60-1617 and
75-720 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-1001, 23-1002, 38-1121,
38-1132, 38-1138, 38-1502, 38-1563, 38-1569, 38-1583, 38-1641, 38-1664, 38-16,119,
60-1607, 60-1610, 60-1616, 60-1620, 60-1621, 60-3106, 60-3107 and 74-7334 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 38-1502c.'';
and the substitute bill be passed.
(H. Sub. for SB 150 was thereupon introduced and read by title.)
The Committee on Judiciary recommends SB 207, as amended by Senate Committee,
be amended on page 1, in line 29, by striking ``, at the direction of the''; also in line 29, by
striking ``gov-''; in line 30, by striking ``ernor,''; in line 33, by striking all before the period;
and the bill be passed as amended.
The Committee on Judiciary recommends SB 306 be amended by substituting a new
bill to be designated as ``House Substitute for SENATE BILL No. 306,'' as follows:
``HOUSE Substitute for SENATE BILL No. 306
By Committee on Judiciary
``AN ACT concerning debt collection; amending K.S.A. 60-717, 60-718, 60-3002 and 75-
719 and Form No. 7, Form No. 7a, Form No.8 and Form No. 8a in the appendix of
Forms following K.S.A. 61-2605 and repealing the existing sections and forms.'';
and the substitute bill be passed.
(H. Sub. for SB 306 was thereupon introduced and ready by title.)
The Committee on Tourism recommends SB 316 be passed.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolutions were introduced and read by title:
HOUSE RESOLUTION No. 6017--
By Representatives Pauls and Larkin, Aday, Boston, Dahl, Dean, Faber, Flower, Franklin,
Gregory, Hayzlett, Henry, Hutchins, Jennison, Phill Kline, M. Long, P. Long, Mayans,
Mays, McClure, Mollenkamp, Morrison, Myers, O'Connor, Osborne, Phelps, Powers,
Reardon, Shultz, Thimesch, Toplikar and Vickrey
A RESOLUTION requiring the attorney general to bring action to determine the
constitutionality of Kansas statutes, administrative orders and executive orders that allow
the termination, or the use of state funds or facilities in the termination, of the lives of
innocent human beings including the unborn.
WHEREAS, The constitution of Kansas provides for the basic organization of state
government, defines and limits the powers of the state and guarantees certain fundamental
rights to all men; and
WHEREAS, The Bill of Rights of the constitution is a declaration of the basic rights of
all men that may not be denied or infringed upon by the state or any local government; and
WHEREAS, The United States Supreme Court holds that the very purpose of a Bill of
Rights was to withdraw certain subjects from political debate, to place them beyond the
reach of majorities and officials and to establish them as legal principles to be applied by
the courts. (See West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638
(1943)); and
WHEREAS, Section one of the Bill of Rights of the constitution of Kansas states that
``All men are possessed of equal and inalienable natural rights, among which are life, liberty,
and the pursuit of happiness.'' The right to life, logically enumerated first, is the basic, most
fundamental right without which all others are meaningless; and
WHEREAS, The term ``men'' is accepted to include adult males, women, and children,
in other word, all human beings; and
WHEREAS, All medical and scientific evidence acknowledges and affirms that children
before birth share all the basic attributes of human personality--that they in fact are
identifiable individual human beings; the unborn child is considered a person for purposes
of qualifying for medical care under the federal medicaid program; modern medicine treats
unborn children as patients; through ultrasound imaging and other techniques we can see
the child's amazing development; by using DNA profiling, before birth, indeed, even before
the new being is implanted in her mother's womb, we can be absolutely sure we are
monitoring the same individual from conception/fertilization through the various stages of
growth; and
WHEREAS, The legislature of the state of Kansas has acknowledged, even as recently
as 1994, that a human being exists before birth by requiring the postponement of the
execution of a pregnant convict ``until the child is born.'' [K.S.A. 22-4009 (b)]; and
WHEREAS, The Kansas supreme court acknowledged in Smith v. Deppish, 248 Kansas
217, 231 (1991) that ``we humans create human offspring by transferring our DNA to our
children'' and that this is done ``during reproduction...,'' also known biologically as
fertilization or conception, or both. The Court further acknowledged in Smith v. Deppish,
248 Kansas 217, 232 (1991) that ``each persons'' DNA can be ``individualized''; and
WHEREAS, A controversy now exists when the pregnancy of a woman constitutes the
presence of a second person in order to qualify for medicaid while at the same time allowing
such funds to be expended for the purpose of terminating the life of that ``second person''
as well as the lives of other preborn human beings. Through the use of matching funds in,
and the administration of, the medicaid program and the use of state facilities in the
termination of the lives of innocent human beings, the state has become a direct party in
violating section 1 of the Bill of Rights of the constitution of Kansas; and
WHEREAS, This matter involves issues of law which have never been resolved by the
courts of the state of Kansas except to the extent questions have been raised in the Kansas
Supreme Court by City of Wichita vs. Elizabeth A. Tilson, 253 Kansas 285 (1991): Now,
therefore,
Be it resolved by the House of Representatives of the State of Kansas: That, based on
undeniable medical, biological and scientific facts, we do hereby acknowledge and affirm
that the unborn children in the state of Kansas have an equal and inalienable right to life
from conception/fertilization and that allowing the termination of the lives of innocent
human beings even before birth violates section 1 of the Bill of Rights of the Kansas
Constitution; and
Be it further resolved: That in accordance with K.S.A. 75-702, the attorney general of
the state of Kansas is hereby required to seek final solution of this issue in the supreme
court of the state of Kansas and such other courts as may be warranted; the attorney general
is further directed to bring action in mandamus and quo warranto against the governor as
chief executive officer of the state and the secretary of social and rehabilitation services as
administrative officer of the medicaid program in Kansas for the granting of a prospective
permanent injunction barring the defendants from expending state funds for the purpose
of paying for the termination of the lives of innocent human beings, whether in utero or ex
utero; and the attorney general is further directed and ordered to plead to the court that
upon conception/fertilization there is life, that this life is that of a human being and to
further plead to the court to acknowledge and affirm that this human being is an ``individual'',
a ``man'' under the constitution of the state of Kansas. The most recent medical, biological,
and scientific facts and developments, especially those concerning the beginning of life and
the incontestable reliance on DNA profiling as a positive means of identification, must be
presented to the court in support of the above mentioned plea.
WHEREAS, W.K.``Ken'' Marshall, 73, of Topeka, died March 15, 1999; and
WHEREAS, Mr. Marshall served in the Kansas House of Representatives representing
the 58th district from 1975 to 1976. He was the first African-American elected to represent
the voters of the 58th district; and
WHEREAS, Mr. Marshall was a member of the Kansas black legislative caucus, had
served as treasurer of the Democratic Shawnee County Central Committee and the 2nd
Congressional District. He was a delegate to the Democratic National Convention in 1972.
He was a member of the National Roster of Black Elected Officials, the Joint Center for
Political Studies, Washington, D.C., Bias Busters of Kansas and the Kansas Fever
Committee; and
WHEREAS, He was a past Master of Euclid Lodge No. 2 A.F.& A.M., the Association
for Action, the United Rubber Workers Local No. 307, St. John AME Church, the Topeka
Board of Realtors and the state and national associations of realtors; and
WHEREAS, He married Juanita Walker on January 23, 1950, in Topeka. She survives.
Survivors also include two sons, William Wesley Marshall, Topeka, and Michael Dean
Marshall, San Diego; a daughter, Janyce Y. Marshall Horton, Stone Mountain, Georgia; six
grandchildren and two great-grandchildren: 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 W.K.``Ken'' Marshall; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide four enrolled copies of this resolution to Mrs. W.K. Marshall, 2301 Massachusetts,
Topeka, Kansas 66605.
REPORT ON ENROLLED BILLS HB 2094, 2230 reported correctly enrolled, properly signed and presented to the
governor on March 23, 1999.
REPORT ON ENROLLED RESOLUTIONS HR 6016 reported correctly enrolled and properly signed on March 23, 1999.
On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Wednesday, March
24, 1999.